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 RELIEF 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 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

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on Mar 17, 2015

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 (UAS) to Cherokee UAS, LLC 

Petition, Regulatory Docket N0. FAA-2015-0965.

A. BASIS FOR THIS AMENDMENT TO THE PETITION

CHEROKEE UAS, LLC, pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby 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 by 14 C.F.R. Part 21.

In the alternative, and in accordance with Federal Aviation Regulation (“FAR”) Section 

21.16, entitled Special Conditions (14 C.F.R. § 21.16), CHEROKEE UAS respectfully 

requests that the Administrator prescribe special conditions for the intended operation of 

the Altavian Nova R8400 VTOL 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. In accordance 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, LLC

168 Lewis Trail

Arabela, New Mexico 88351

The point of contact for this Petition and specific contact information is as follows:

Mark G. Fischer

CHEROKEE UAS LLC

168 Lewis Trail

Arabela, New Mexico 88351

M: 575-740-7221

email: gwyranch@hotmail.com
C.1.BACKGROUND FOR THIS AMENDMENT TO FAA-2014-0965

Cherokee UAS, LLC a.k.a. Cherokee 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 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 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.

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 appropriate, 

of the unmanned aircraft. 

In general, all UAS Ops would be in class G airspace, 400 ft. AGL or lower, unless 

otherwise specifically permitted by an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA), VFR, Daylight 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 operations.

2. Nova R8400 VTOL UAS Description

The Nova R8400 VTOL UAS 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 Polymer 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 VTOL UAV, and will submit an Aircraft Registration Application upon the grant of 

the exemptions 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 

Type: Speed Controller 

55 Amps Maximum 

1.4 oz. Wt. 

Motor, Battery: 

Manufacturer: MaxAmps, Inc. 

Type: 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 Rotor 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 Type: 2-blade, plastic, fixed pitch, 

tractor 

Propeller Sub-Assembly:

Manufacturer: APC Propeller 

Model: CAM 16x5.5MPR 

Diameter (Nominal): 16 in. 

(8) Altavian UAS Inc. P/N 30488 

FAA Propeller Type Certificate: None 

Propeller Type: 2-blade, plastic, fixed pitch, 

tractor 

Propeller Sub-Assembly: 

Manufacturer: APC Propeller 

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 Weight 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 embedded 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) 

Maximum 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 Specific 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 aircraft 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 by § 21.5 of this chapter unless there 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 by § 21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any 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 has 

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 copy
of 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 days after that number is 

first affixed to the aircraft. A revised airworthiness certificate having on it an assigned 

special identification number that has been affixed to an aircraft may only 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 by

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 Seeks 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 station, 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 Exemption From The Restricted Category 

Airworthiness Certification 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 by 14 C.F.R. Part 21. Section 21.185 entitled Issue of airworthiness 

certificates for restricted category aircraft, 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 type 

certificated in the restricted category, that was not previously type certificated in any 

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 twentyone (21.4) pounds at its maximum gross weight and cannot carry the approved Airplane 
Flight Manual onboard. Furthermore, 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 by 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 days to any 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 relief 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 days 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) inch 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 proposes to commercially 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 and 
not densely 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 and be conducted pursuant to specific operating limitations and a Safety

Management System (“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 by 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).

Pursuant 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 

provides the authority for such UAS to operate without airworthiness certification. 

Specifically, Section 333 states the following, in part:

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, 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 CHEROKEE UAS’s 

intended operation pursuant to this exemption, demonstrate that the Nova R8400 VTOL

UAS will operate safely in the NAS without creating a hazard to other aircraft or people 

on the ground. Accordingly, the FAA may approve operation of the Nova R8400 VTOL

UAS, without an airworthiness certificate, by 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 safely, 

efficiently, and economically perform aerial acquisition surveys and inspections using the 

Nova R8400 VTOL UAS over certain sparsely 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 persons 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 economy 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 economy. Notably, the benefits 

of the proposed operation of the Nova R8400 VTOL UAS will be realized without 

implicating any privacy issues as CHEROKEE UAS flights will generally be restricted to 

sparsely 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 directly over persons or occupied vehicles.

2. The Public Will Benefit From The Aerial Surveys And Inspections Performed.

CHEROKEE UAS submits this Petition to perform UAS derived aerial surveys and 

inspections over certain sparsely 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 operations 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, efficient, and economical aerial acquisition surveys and 

inspection operations to further each of these fields; all of which are critical to the wellbeing 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 by the Nova R8400 VTOL UAS will be used to predict crop yields 

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 analysis. The Nova 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 Inspections can reveal problematic 

conditions to repair agencies prior to potentially catastrophic failures occurring; thus

benefiting the Public in multiple ways.
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 aircraft operating in the NAS, congestion around airports 

caused by arriving and departing aircraft will be reduced. The Nova R8400 VTOL UAS 

does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial survey missions would result in fewer aircraft that must be handled by 

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.

Conducting UAS derived aerial surveys and inspections with the Nova R8400 VTOL

UAS, instead of manned aircraft, will greatly 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 motors, 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 typically utilized for aerial surveys and

inspections. The Nova R8400 VTOL UAS, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution as its battery powered electric

motors are barely audible during the take-off and landing phases, and cannot be heard 

when operating more than 100 feet above ground level. By using the Nova R8400 VTOL

UAS to perform UAS derived aerial surveys and inspections, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional 

manned aircraft flight operations, will be substantially reduced or completely eliminated. 

Aside from the lack of aircrew members located onboard 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 

typically 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 R8400 

VTOL UAS Will Benefit The Economy.

In addition to being safe and efficient, the Nova R8400 VTOL UAS is also an 

economical alternative to using manned aircraft to conduct aerial surveys and inspections. 

As such, operation of the Nova R8400 VTOL UAS will 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 Protection 
Agency (“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 technology

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 Affect Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equivalent To That 

Provided By The Rule From Which Cherokee UAS Seeks Exemption. 

1. Reasons Why The Nova R8400 VTOL UAS Meets The Conditions Of The FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333. 

Recognizing the size, weight, speed, and limited operating 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 not 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, 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 

Administrator.

H. The Specifications Of The Nova R8400 UAS Demonstrate 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 VTOL UAS 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 waypoint, which is the same as the location of the ground control station. Once at the 
home waypoint, 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 

while 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.

Loss 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 navigate back to the home 

waypoint 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 UAS Operator Manual at Chapter 8 “Emergency Procedures” fully 

describes the features of the Nova R8400 VTOL UAS, 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 UAS Operator Manual, which contains 

proprietary information, has been provided separately, and is to be held in a separate file 

pursuant 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 utilized by the 

Cherokee UAS Nova F6500 UAS, 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 UAS is provided in the Nova R8400 VTOL UAS 

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 UAS Operator Manual,

which contains proprietary information, provided separately, and is to be held in a separate 

file pursuant to 14 C.F.R. § 11.35(b).

3.Safe Mobile Operation Of The Nova R8400 VTOL UAS. 

The Nova R8400 VTOL UAS may be safely operated by a Pilot-in-Command (PIC) and 

safety observer co-located with a GCS on a mobile vehicle, in order to efficiently perform 

aerial acquisition operations of large areas. As set forth in the Nova Family of Systems 

Operations Manual at page 6-4, additional limitations and requirements apply to mobile 

operations of the Nova R8400 VTOL UAS, 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 unnecessary 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 

physical 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 the 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 Manual, otherwise mobile operations are prohibited. 

A copy of the Nova Family of Systems Operations Manual, which contains proprietary

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 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 by 14 C.F.R. Part 21.

A Brief Description Of The Nature Of The Exemption Cherokee UAS 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 missions 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.