**UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION**  **FEDERAL AVIATION ADMINISTRATION**

**WASHINGTON, D.C. Regulatory Docket No. FAA** 

**- 2014** 

**- 0965** 

**IN THE MATTER OF THE AMENDMENT**  **TO PETITION FOR EXEMPTION**  **OF: CHEROKEE UAS, LLC.**  **FOR AN EXEMPTION SEEKING R ELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 91.9(b), 91.203(a), 91.203(b), 45.23(b) AND 21.185**  **CONCERNING OPERATION OF AN ADDITIONAL**  **UNMANNED AIRCRAFT SYSTEM**  **OVER REMOTE, RURAL, AND UNPOPULATED REGIONS OF THE STATE O**  **F NEW MEXICO AND PARTICULARLY OVER CERTAIN RURAL AREAS OF**  **SOUTHEASTERN NEW MEXICO TO INCLUDE THE BUREAU OF LAND**  **MANAGEMENT PECOS DISTRICT AND A SMALL PORTION OF WEST CENTRAL TEXAS KNOWN AS THE WESTERN PERMIAN BASIN** 

**PURSUANT TO SECTION 333 OF THE FAA MODERN**  **IZATION AND REFORM ACT OF 2012**

Submitted on Mar 1 7 , 201 5

Mark G. Fischer President, CEO CHEROKEE UAS, LLC 168 Lewis Trail Arabela, NM 88351 gwyranch@hotmail.com

575

- 740

- 7221**The following information is submitted to add the Altavian, Inc. Nova R8400 vertical** 

**takeoff and landing (VTOL) Unmanned Aerial System**  ( **UA S**  **) to Cherokee**  **UA S, LLC** 

**Petition, Regulatory Docket N0.**  **FAA**

**- 2015** 

**- 0965.** 

**A. BASIS FOR**  **THIS AMENDMENT TO THE PETITION**  CHEROKEE UAS, LL C, pursuant to the provisions of the Federal Aviation Regulati ons (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator for an exemption from the requirements of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203 (b), 45.23(b), as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated b y 14 C.F.R. Part 21.

In the alternative, and in acco rdance with Federal Aviation Regulation (“FAR”) Section 21.16, entitled Special Conditions (14 C.F.R. § 21.16), CHEROKEE UAS respectfull y requests that the Administrator prescribe special conditions for the intended operation of the Altavian Nova R8400 VTO L UAS that contain such safety standards as the Administrator finds necessary to establish a level of safety equivalent to that established by the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185. Inaccordance with 14 C.F.R. § 11.81, CHEROKEE UAS provides the following information in support of its amendment to the petition for exemption:

**B . Name and Address of the Petitioner.**  CHEROKEE UAS, LL C 168 L ewis Trail Arabela, New Mexico 88351 The point of contact for this Petition and specific contact information is as follows: Mark G. Fischer CHEROKEE UAS LL C 168 L ewis Trail Arabela, New Mexico 88351 M: 575

- 740

- 7221 email: gwy

ranch@hotmail.com**C. 1.**  **BACKGROUND FOR THIS AMENDMENT TO FAA** 

**- 2014** 

**- 0965** 

Cherokee UA S , L LC a.k.a. Cherokee UAS, seeks an exemption to operate the Cherokee UA S N ova Block III F6500 UAS and by this amendment, the Nova R8400 VTOL UA S for compensation or hire within the National Airspace S ys tem (“NAS”) over remote, rural, and unpopulated areas o f the State of New Mexico, and particularl y over certain rural areas of southeastern New Mexico to include the Bureau of Land Management Pecos District and a small portion of west central Texas known as the western Permian Basin, while keeping the document s required b y the regulations at the ground control station and immediately

accessible to the Pilot In Command (PI C). Additionally , for the Nova R8400 VTOL UAS , specific and limited missions over private property which are not rural and not densel y populated is requested. These flights
, will only be conducted at the direction of the over flown property owner and no flights will be over any persons or occupied vehicles

. Furthermore, the exemption will relieve CHEROKEE UA S, LLC from the airworthiness certifi cate standards and the requirement to have a certificate of airworthiness issued for its UA S.

This exemption and amendment will also permit any required markings concerning the operational status of the UAS to be displayed on the fuselage or cowling, as a ppropriate, of the unmanned aircraft.

In general, all UAS Ops would be in class G airspace, 400 ft. AGL or lower, unless otherwise specificall y permitted by an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA), VFR, Dayli ght only **. CHEROKEE UAS aircraft**  **will be piloted by a FAA Licensed Private Pilot,**  **Pilot in Command (PIC) with a current DOT**  **Airman Medical Certificate Second Class, and with a qualified**  **observer to perform sense and avoid functions during UAS flight operati ons.** 

**2. Nova R8400**  **VTOL UA**  **S Description**  The Nova R8400 VTOL UA S is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft Vehicle (UAV ) and a transportable Ground Control Station (GCS). The Nova R8400 UAV has a maximum gross weight of approximately 21.4 pounds, while having a diameter of 48 inches, rotorspan of 64 inches, and maximum speed of 16 mph. The Nova R8400 VTOL UAV is equipped with eight propellers, each being driven by a Lithium Poly

mer battery

powered electric motor.**The Nova R8400 VTOL**  **UAV without registration number displayed in accordance** 

**with 14 C.F.R. Part 45** . Cherokee UAS has reserved a registration number for the Nova R8400 VTOLUAV , and will submit an Aircraft Registration Application upon the grant of the exe mptions sought by this petition.

**Technical Specifications Of The Nova R8400 VTOL UAV** 

**.** Unmanned Aircraft System The Nova R8400 is an Unmanned Aircraft System that is comprised of vertical takeoff and landing (VTOL) unmanned aircraft and a transportable ground control station. Unmanned Aircraft Dimensions Diameter: 48 inches Rotorspan: 64 inches 5.2 oz. Wt. Motor, Controller Sub

- Assembly: Manufacturer: RCTimer Model: NFS 45A Ty pe: Speed Controller 55 Amps Maximum 1.4 oz. Wt. Motor, Battery : Manufacturer: MaxAmps, Inc. Ty pe: 2(two) x Lithium Ion 11 Amp hour each 22.2V (nominal) Fuel Not Applicable. NOTE: The Nova R8400 UAS is powered by two Lithium Polymer rechargeable batteries,Altavian UAS P/N 30142.

Engine (Propulsive Unit) Limits Maximum Power Output: 1.6 HP Maximum RPM: 8,316 RPM Maximum Motor Temperature: 170 °F (77 °C) NOTE: The motor temperature is not displayed to the operator. Maximum motor, controller sub

- assembly temperature: 194 °F (90 °C) Power On (Engine and Roto r Tach, neither visible to operator) Maximum 8316 RPM Minimum 3742 RPM Propeller and Propeller Limits (8) Altavian UAS Inc. P/N 30490 FAA Propeller Type Certificate: None Propeller Ty

pe: 2

- blade, plastic, fixed pitch,
tractor Propeller Sub

- Assembl y: Manufacturer: APC Propeller Model: CAM 16x5.5MPR Diameter (Nominal): 16 in. (8) Altavian UAS Inc. P/N 30488 FAA Propeller Type Certificate: None Propeller Ty

pe: 2

- blade, plastic, fixed pitch,
tractor Propeller Sub

- Assembly: Manufacturer: APC Pro peller Model: CAM 16x5.5MR Diameter (Nominal): 16 in. Battery Command & Control 2 (two) Nova Air Vehicle Batteries P/N 30142 power the motors, and battery command and control. Airspeed Limits Vne (Never Exceed Speed) 14.5 knots (7.5 m/s) Empty We ight C.G. Range

- 1 to 1 inches of datum

Datum Centroid of Vehicle Maximum Weights Ramp 21.4 lbs. Takeoff 21.4 lbs. Landing 21.4 lbs. Empty Weight 12.8 lbs. NOTE: Empty

Weight Excludes weight of batteries and payload modules. Frequencies 902

- 928 MHz (ISM Band) 2.4 GHz (ISM Band) NOTE: FCC license is not required to utilize the above frequencies; uplink and downlink are on the 900Mhz band. If video is utilized,uplink, downlink, and video are all on 2.4 Ghz. Computer Software Avionics emb edded processor, P/N 30306

Minimum Crew (1) The Nova R8400 UAS can be operated by a single operator. Number of Seats (0) Not Applicable. Fuel Capacity Not Applicable. Oil Capacity Not Applicable. Max. Operating Altitude 1,200 ft. AGL

Rotor Blade and Control Movements Fixed Rotor Control. Vehicle control is achieved through varying thrust of each motor individually Nominal Endurance 25 minutes above 32 °F (0 °C) 12 minutes below 32 °F (0 °C) Ambient Outside Air Temperature (OAT) Max imum OAT: 120 °F (49 °C) Minimum OAT At Altitude:

- 20 °F (

- 29 °C) Wind Limitation 9.7 knots

Maintenance This Nova R8400 UAS must be maintained in accordance with the manufacturer’s maintenance manual, or later FAA accepted revision.

**D . The Speci**  **fic Sections of 14 C.F.R. From Which CHEROKEE UAS Seeks Exemption**  **for the Nova R8400 VTOL UAS**

**. 1. CHEROKEE UAS Seeks Exemption From The Requirement Of Section 91.9(b).**  CHEROKEE UAS seeks an exemption from **14 C.F.R. § 91.9(b).** Section 91.9 entitled Civil ai rcraft flight manual, marking, and placard requirements , subsection (b) states the following: (b) No person may

operate a U.S.

- registered civil aircraft

-- (1) For which an Airplane or Rotorcraft Flight Manual is required b y § 21.5 of this chapter unless th ere is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in § 121.141(b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required b y § 21.5 of this chapter, unless there is avail able in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. **2. CHEROKEE UAS Seeks Exemption From The Requirements Of Sections 91.203(a) and**  **91.203(b).** CHEROKEE UAS seeks an exemption from **14 C.F.R. § 91.203(a) and (b).** Section 91.203 entitled Civil aircraft: Certifications required, subsections (a) and (b) state the following: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it ha s within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copyof the applicable operations specifications issued under § 21.197(c) of this chapter,

appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c), or an authorization under § 91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 day s after that number is first affixed to the aircraft. A revis ed airworthiness certificate having on it an assigned special identification number that has been affixed to an aircraft may onl y be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c), or a registration certification issued under the laws of a foreign country

. (b) No person may

operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

**3. CHEROKEE UAS Seek s Exemption From The Requirements Of Section**  **45.23(b).** CHEROKEE UAS seeks an exemption from **14 C.F.R. § 45.23(b)** . Section 45.23 entitled Display of marks; general , subsection (b), states the following: (b) When marks include only the Roman capital letter " N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot s tation, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

**4. CHEROKEE UAS Seeks**  **Exempt ion From T**  **he Restricted Category**  **Airworthiness Certificat ion Standards Specified In**  **14 C.F.R. §21.185.** In accordance with the FAA Modernization and Reform Act of 2012, Section 333, and 14 C.F.R.§ 21.16 entitled Special Conditions , CHEROKEE UAS seeks to exempt the Nova R8400 VTOL UAS from the restricted category airworthiness certification specified in **14 C.F.R. § 21.185** , or the requirement to have a certificate of airworthiness issued, as contemplated b y **14 C.F.R. Part 21**

. Section 21.185 entitled Issue of airworthiness certificates for restricted category aircraf t , states the following, in part: (a) Aircraft manufactured under a production certificate or type certificate. An applicant for the original issue of a restricted category airworthiness certificate for an aircraft ty pe certificated in the restricted categ ory , that was not previously type certificated in an y other category , must comply with the appropriate provisions of § 21.183.

**E . The Extent of Relief CHEROKEE UAS Seeks And The Reason CHEROKEE**  **UAS Seeks The Relief.**  **1. Extent Of Relief CHEROKEE UAS Seeks And The Reason CHEROKEE UAS**  **Seeks Relief From Section 91.9(b).**  Relief is requested because the Nova R8400 VTOL UAS weighs approximately twenty

one ( 21 .4 ) pounds at its maximum gross weight and cannot carry the approved AirplaneFlight Manual onboard. Furth ermore, the Nova R8400 VTOL UAS is unmanned, the

aircrew member is located at a ground control station. As such, CHEROKEE UAS proposes the following conditions and limitations to its request for exemption from Section 91.9(b): The approved Airplane Flight Manual must be kept at the ground control station, where it is immediately

available for reference b y the aircrew member (pilot in command) of the Nova R8400 VTOL UAS any time the unmanned aircraft is operating. The approved Airplane Flight Manual must be made available within 10 day s to an y FAA, U.S. Department of Defense, or law enforcement official upon request.

**2. The Extent of Relief CHEROKEE UAS Seeks And The Reason CHEROKEE UAS Seeks**  **Relief From Section 91.203(a) and (b).** CHEROKEE UAS requests relie f from the requirement of Section 91.203(a) ( i.e., that an appropriate and current airworthiness certificate and an effective U.S. registration certificate be carried within the aircraft), and further, requests relief from the requirement of Section 91.203 (b) ( i.e., that the airworthiness certificate be displayed at the cabin or cockpit entrance so that it is legible to passengers or crew). As the Nova R8400 VTOL UAS is unmanned, it has no cabin, cockpit, pilot station, or entrances thereto. Therefore, the aircrew member is located at a ground control station and no passengers are carried at
any time. As such, CHEROKEE UAS proposes the following conditions and limitations to its request for exemption from Sections 91.203(a) and (b): The documents required by Sections 91.203(a) and (b) must be kept at the ground control station, where it is immediately available to the aircrew member (pilot in command) of the Nova R8400 UAS any time the unmanned aircraft is operating.

The documents required by 91.203(a) and (b) must be made available within 10 day s to any FAA, U.S. Department of Defense, or law enforcement official upon request.

**3. The Extent of Relief CHEROKEE UAS Seeks and the Reason CHEROKEE UAS Seeks**  **Relief from 14 C.F.R. § 45.23(b).** CHEROKEE UAS requests relief from the requirement of Section 45.23(b), if applicable, that the word “Restricted” be displayed on the Nova R8400 VTOL UAS near each entrance to the cabin, cockpit, or pilot station. As the Nova R8400 VTOL UAS is unmanned, it has no cabin, cockpit , pilot station, or entrances thereto. Therefore, CHEROKEE UAS proposes that, if required, the word “Restricted” be displayed in letters approximately one (1 ) i nch high, horizontally
, one side of the fuselage , which is a circular cowling at the center of the Nova R8400 VTOL UAS.

**4. The Extent of Relief CHEROKEE UAS Seeks and the Reason CHEROKEE UAS Seeks**  **Relief from 14 C.F.R. § 21.185.** CHEROKEE UAS seeks relief from the airworthiness certificate requirements of the Federal Aviation Regulations and propose s to commerciall y operate the Nova R8400 VTOL UAS, without an airworthiness certificate, for the special purpose of conducting aerial acquisition survey

services over certain sparsely populated rural areas of the State of New Mexico and a small portion of west central Texas known as the western Permian Basin, and specific and limited missions over private property which are not rural andnot densely populated is requested. These flights, will only be conducted at the direction

o f the over flown property owner, and no flights will be over any persons or occupied vehicles and be conducted pursuant to specific operating limitations and a Safety Management S ys tem (“SMS”). CHEROKEE UAS seeks relief from the airworthiness certificate requirements of 14 C.F.R.§ 21 .185 to the extent that the Nova R8400 VTOL UAS, which has not yet been type certificated b y the FAA, may be operated as if it were

a restricted category

aircraft for a single, defined, special purpose operation ( i.e. , aerial
surveying and inspection). Pur suant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), CHEROKEE UAS seeks relief from the airworthiness certificate requirements of the FAR because operation of the Nova R8400 VTOL UAS will not create a hazard to users of the NAS, or the public, or otherwise pose a threat to national security . Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public or pose a threat to national security. Further, Section 333
pro vides the authority for such UAS to operate without airworthiness certification. Specificall y, Section 333 states the following, in part: (b ) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a

), the Secretary shall de termine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

**When operated in accordance with the Nova R8400 UAS Operator Manual, the Nova Family Systems Operations Manual, and the Nova R8400 Maintenance**  **Manual, the Nova R8400 VTOL UAS is safe. Cherokee UAS will operate in**  **accordance with said manuals and the requirements set forth by the FAA**

.

Numerous factors, including the proven safe operational history of the Nova R8400 VTOL UAS in the NAS, as well as the specific parameters of CHE ROKEE UAS’s intended operation pursuant to this exemption, demonstrate that the Nova R8400 VTOL UAS will operate safel y in the NAS without creating a hazard to other aircraft or people on the ground. Accordingl y, the FAA may approve operation of the Nova R 8400 VTOL UAS, without an airworthiness certificate, b y setting forth specific operating limitations to ensure a level of safety equivalent to what would be provided by airworthiness certification.**F**

**. 1.**  **The Reasons Why Granting CHEROKEE UAS’s Request Would Be In The** 

**Public Interest; That Is, How It Would Benefit The Public As a Whole.**  Granting the present amendment to Cherokee UAS's Petition , Regulatory Docket No. FAA

- 2014

- 0965, will further the public interest by allowing CHEROKEE UAS to safel y, effi cientl y, and economically perform aerial acquisition survey s and inspections using the Nova R8400 VTOL UAS over certain sparsel y populated rural areas of the State of New Mexico and a small portion of west central Texas also known as the BLM Pecos District and the western Permian Basin and, specific and limited missions over private property which are not rural and not densely populated is requested. These flights, will only be conducted at the direction of the over flown property owner. Not flown over per sons or occupied vehicles. These flights will be in support of government entities, private entities, agriculture, scientific studies, wildlife monitoring, and forestry , while also furthering the development of the econom y related to the oil and gas industries. Additionally , use of the Nova R8400 VTOL UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of the proposed operation of the Nova R8400 VTOL UAS will be realized without i mplicating any privacy

issues as CHEROKEE UAS flights will generall y be restricted to sparsel y populated rural areas in general and specifically restricted to avoid the public. Only specific and limited non rural flights and not densely populated, will be conducted by the Nova R8400 VTOL UAS, at the specific direction of the over flown property owner and not directl y over persons or occupied vehicles.

**2 . The Public Will Benefit From The Aerial Surveys And Inspections Performed.**  CHEROKEE UAS submits this Pe tition to perform UAS derived aerial surveys and inspections over certain sparsel y populated rural areas of the State of New Mexico and a small portion of west central Texas also known as the BLM Pecos District and the western Permian Basin. These operatio ns will be in support of government entities, private entities, agriculture, scientific studies, wildlife monitoring, forestry, and the oil, gas, and electrical power production and transmission industries. The Nova R8400 VTOL UAS will provide safe, effici ent, and economical aerial acquisition surveys and inspection operations to further each of these fields; all of which are critical to the well

being of the general public. The specific operations that CHEROKEE UAS will perform with the Nova R8400 VTOL UAS demonstrate how the requested exemption will directly benefit the above

- referenced industries and the public. In agriculture, the aerial acquisition performed b y the Nova R8400 VTOL UAS will be used to predict crop yi elds and prevent crop destruction due to invasive species, i.e. feral swine. In the oil and gas industry , the Nova R8400 VTOL UAS will be used to aid in facility inspections, environmental compliance inspections / surveying, planning new worksites, and performing right of way

anal ys is. The Nov a R8400 VTOLUAS will also further environmental management by surveying invasive species damage and encroachment, mapping wildfire damage and reclamation efforts, and surveying point source pollution. UAS derived Pipeline, Power Line, and Power Station Ins pections can reveal problematic conditions to repair agencies prior to potentially catastrophic failures occurring; thus benefiting the Public in multiple way s.**3 . The Public Will Benefit From Decreased Congestion Of The NAS.** 

The Nova R8400 VTOL UAS is a battery powered UAS that serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a Nova R8400 VTOL UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraf t operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The Nova R8400 VTOL UAS does not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial survey

missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**4 . The Public Will Benefit From The Safety And Efficiency Of The Nova**  **R8400 VTOL**  **UAS.** Cond ucting UAS derived aerial survey s and inspections with the Nova R8400 VTOL UAS, instead of manned aircraft, will greatl y benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial survey flight
operations. By

using battery

power and electric motor s , the Nova Block R8400 VTOL UAS produces no air pollution, and is a viable environmentally conscious alternative to the internal combustion engine aircraft that are typ ically utilized for aerial survey s and inspections. The Nova R8400 VTOL UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution as its battery powered electric
motor s are barel y audible during the take

- off and landing phase s , and cannot be heard when op erating more than 100 feet above ground level. By using the Nova R8400 VTOL UAS to perform UAS derived aerial survey s and inspections, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional

mann ed aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of aircrew members located onbo ard the aircraft, the Nova R8400 VTOL UAS (weighing approximately twenty

- one (21 ) pounds at its maximum gross weight while having a diameter of 48 inches, rotorspan of 64 inches, and maximum speed of 16 mph and with no fuel on board), has less physical potential for collateral damage to life and property

on the ground, and in the air, compared to the manned aircraft that ty picall y conduct aerial surveys, i.e. Cessna 172 (weighing approximately 2,500 pounds with a wingspan of approximately 36 feet, a length of 27 feet, and a fuel capacity of 56 gallons).

**5 . Performing Aerial Survey and Inspection Operations With The Nova**  **R 8400**  **VTOL UAS Will**  **Benefit The Economy.** In addition to being safe and efficient, the Nova R8400 VTOL UAS is also an

e conomical alternative to using manned aircraft to conduct aerial survey s and inspections. As such, operation of the Nova R8400 VTOL UAS wi ll allow New Mexico based companies, like CHEROKEE UAS, to be competitive and contribute to growth of the U.S. economy , particularly in the economically challenged southeastern New Mexico region . Specifically , with the cost of aviation fuel and the Environmental ProtectionAgency (“EPA”) regulatory

actions phasing out leaded fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery

powered Nova R8400 VTOL UAS is one such technolo gy that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

**G. The Reasons Why Granting The Exemption Would Not Adversely A**  **ffect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Eq**  **uivalent To That**  **Provided By The Rule From Which Cherokee**  **UAS Seeks Exemption.** 

**1. Reasons Why The Nova R8400 VTOL**  **UA S Meets The Conditions Of The FAA**  **Modernization and Reform A ct of 2012 (FMRA) Section 333.**  Recognizing the size, weight, speed, and limited ope rating area associated with Cherokee UAS Unmanned Aerial Vehicles
, Cherokee UAS ’s operation of the Nova R8400 VTOL UAS meets the conditions of FMRA Section 333, and will no t require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

In making this petition to seek this exemption, Cherokee UAS submits that the Nova R8400 UAS can operate safely

in the NAS Pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the Nova R8400 VTOL UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**The Nova R8400 VTOL UAS, w hen operated in accordance with the Nova R8400**  **UAS Operator Manual, the Nova Family S ystems Operations Manual, and the Nova**  **R8400 Maintenance Manual, the Nova R8400 VTOL UAS is safe. Cherokee UAS will operate in accordance with said manuals and the requirements set forth by the**  **Administrator**

.

**H**

**. The Specifications Of The Nova R8400**  **UAS D**  **emonstrate Its Safe Characteristics.** The Nova R8400 VTOL UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

**1 . The Nova R8400**  **V TOL UA**  **S Is Designed For Complete Autonomy From Launch To Landing Even In The Unlikely Event Of Loss Of The Control Link Or Navigation.**  Although a degradation or loss of the control link, and/or degradation or loss of the source of navigation is unlikely
, it is a situation that is well planned for and therefore, is a benign event. The Nova R8400 VTOL UAV is designed for complete autonomy from launch to landing with a line of sight operator in the loop monitoring the airframe. The Nova R8400 VTOL UAV uses a two

- stage failsafe approach for all avionics failure conditions, including the event of a loss of communications (“Lost Link”). Upon loss of the communication signal, the Nova R8400 VTOL UAV will attempt to reacquire the link. If after 10 seconds the link has not been reacquired, the Nova R8400 VTOL UAV will continue to attempt to reacquire the link while maintaining the current altitude and navigating to the home way

point, which is the same as the location of the ground control station. Once at thehome w ay point, the Nova R8400 VTOL UAV will hover while continuing its attempt to reacquire the link for 30 seconds (to allow for rebooting of the ground control station, if needed). The Nova R8400 VTOL UAV will then continue to attempt to re

- acquire the link wh ile it navigates through the landing procedure. The landing procedure for Lost Link is identical to a normal landing procedure. The Nova R8400 VTOL UAV will enter into a hover

- land procedure; descending while reducing speed until contact with the ground. During this decent and touchdown, the Nova R8400 VTOL UAV will remain in controlled flight.

Lo ss of GPS signal will result in a two

- tiered recovery approach. Upon loss of a GPS signal, the Nova R8400 VTOL UAV will immediately hover in an attempt to reacquire a signal. If after 15 seconds, a GPS signal is not reacquired, the UAV will enter tier

- two recovery . At
any time during either tier

- one or tier

- two recovery , the operator can take over with augmented control and utilize its onboard magnetometer to navi gate back to the home
way point through dead

- reckoning. During this failure mode, the observer will call out UAV position and movement back to the operator. Once the UAV is close enough to resolve orientation, or if operating with a live video payload, the operator can engage manual control and perform a manual landing at the pre

- decided landing site. If a cascade of failures has occurred and Lost

- Link has also occurred during tier

- two recovery , the Nova R8400 VTOL UAV will enter into a hover

- land procedure ; descending while reducing speed until contacting the ground. Throughout this decent and touchdown, the Nova R8400 VTOL UAV will remain in controlled flight.

The Nova R8400 VTOL UA S Operator Manual at Chapter 8 “Emergency Procedures” fully describes the features of the Nova R8400 VTOL UA S, and sets forth the UAV ’s operation in the event of a power loss, loss of communications, loss of GPS signal, loss of video link, or software crash. A copy of Nova R8400 VTOL UA S Operator Manual , which conta ins proprietary

information, has been provided separately , and is to be held in a separate file
purs uant to 14 C.F.R. § 11.35(b).

**2 . The Nova R8400 Ground Control Station And Its Operation.**  The Nova R8400 VTOL UAS Ground Control Station is identical to the GCS utili zed by the Cherokee UAS Nova F6500 UA S, which has been granted exemptions to operate commercially

in the NAS. See Exemption Nos. 11111 and 11114. A complete description of the operation and specifications of the ground control station (GCS) and flight control software for the Nova R8400 VTOL UA S is provided in the Nova R8400 VTOL UA S Operator Manual at Chapter 2. A complete overview of the features and operation of the GCS software is provided at Chapter 7. A copy of the Nova R8400 VTOL UA S Operator Manual, which contains proprietary information, provided separately , and is to be held in a separate file purs uant to 14 C.F.R. § 11.35(b).

**3. Safe**  **Mobile Operation Of The Nova R8400 VTOL UA**  **S.** The Nova R8400 VTOL UA S may be safely operated by

a Pilot

- in

- Command (PIC) and safety observer co

- located with a GCS o n a mobile vehicle , in order to efficiently perform aerial acquisition operations of large areas. As set forth in the Nova Fam ily of Systems Operations Manual at page 6

- 4, additional limitations and requirem ents apply to mobile operations of the Nova R8400 VTOL UA S, including the following: The driver/operator of the mobile vehicle must be licensed and fully understand his/her role in the operation.The mobile vehicle must be organized and clear of any unne cessary debris prior to the operation. Equipment and personnel positioning within the vehicle must be predetermined and agreed upon by the team. Each team member must use appropriate safety restraint equipment, and such equipment should not interfere with safe flight. The PIC must have ready communication with the driver/operator of the mobile vehicle, as well as the safety

observer.

GCS software must be configured for constant updating of GCS position on the map overlay, and the PIC must be kept aware of mobile vehicle position. The GCS must be mounted or fixed to the mobile vehicle to ensure that no excess movement will shift the GCS during operations. The route of the mobile vehicle must be determined prior to operation. The PIC must ensure that no part of the route will obscure the safety observer’s view or cause any phy sical obstacles or obstructions to any member of the flight team. The Area of Interest (AOI) must be large enough to warrant mobile operations, and the UAV cannot be allowed to exit t he AOI under any circumstance. The only change to the standard operating procedures (SOP’s) with mobile operations must be an update of the LOL (Loss of Link) site. Mobile operations are only permitted if suitable LOL sites are within 500 ft. of the PIC at all times. The entire AOI must also meet the “sterile environment” of a static site as described on page 4

- 4 of the Operations Man ua l, otherwise mobile operations are prohibited. A copy of the Nova Family of Systems Operations Manua l, which contains prop rietary information, has been provided under the original Petition submission

.

**I . A Summary That Can Be Published In The**  **Federal Register, stating:**  **The Rules From Which Cherokee**  **UAS Seeks Exemption:**  Cherokee UAS

, Inc. seeks exemption from the requireme nts of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b), as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated by 14 C. F.R. Part 21.

**A Brief Description Of The Nature Of The Exemption Cherokee**  **UA S**  **Seeks:** UAS seeks an exemption to operate the Cherokee UAS Nova Block III F6500 UAS and by this amendment, the Nova R8400 VTOL UAS for compensation or hire within the National Airspace System (“NAS”) over remote, rural, and unpopulated areas of the State of New Mexico, and particularly over certain rural areas of southeastern New Mexico to include the Bureau of Land Management Pecos District and a small portion of west central Texas known as the western Permian Basin, while keeping the documents required by the regulations at the ground control station and immediately accessible to the Pilot In Command (PIC). Additionally, for the Nova R8400 VTOL UAS, specific and limited missio ns over private property which are not rural and not densely populated is requested. These specific and limited flights, will only be conducted at the direction of the over flown property owner and no flights will be over any persons or occupied vehicles. Furthermore, the exemption will relieve CHEROKEE UAS, LLC from the airworthiness certificate standards and the requirement to have a certificate of airworthiness issued for its UAS.