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

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

**- 2014** 

**- 0965**  **/ Exemption 11292**

**IN THE MATTER OF AN AMENDMENT**  **TO PETITION FOR EXEMPTION**  **OF: CHEROKEE UAS, LLC.**  **FOR AN EX EMPTION 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, UNPOPULATED REGIONS**  **A ND**  **SPECIFIC AND LIMITED MISSIONS OVER PRIVAT**  **E PROPERTY WHICH ARE NOT RURAL**  **IS REQUESTED. THESE FLIGHTS, WILL ONLY B**  **E CONDUCTED AT THE DIR** **ECTION OF THE OVER F LOWN PROPERTY**  **OWNER AND NO FLIGHTS WILL BE OVER ANY PER**  **SONS OR OCCUPIED VEHICLES.**  **PURSUANT TO SECT ION 333 OF THE**  **FAA MODERNIZATION AND REFORM ACT OF 2012**

Submitted on Oct 1 3 , 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 D**  **JI TECHNOLOGY CO., LTD.**

**PHANTOM 3 PROFESSIONAL vertical takeoff and landing (VTOL)**  **Unmanned Aerial System**  ( **UA S**  **) to Cherokee**  **UA S, LLC**  **Petition, Regulatory Docket N0.**  **FAA**

 

** 2015**

**- 0965 /**  **FAA EXEMPTION 11292.** 

**A. BASIS FOR**  **THIS AMENDMENT TO THE PETITION**  CHEROKEE UAS, LL C, 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 , hereb y petitions the Administrator for an exemp tion 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 a s contemplated b y 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 respectfull y requests that the Administrator prescribe special conditions for the intended operation of the PHANTOM 3 PROFESSI ONAL 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. 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**  **/ FAA**

**EXEMPTION 11292.** Cherokee UA S , LLC a.k.a. Cherokee UAS, seeks an exemption to operate an additional UAS, and by

this amendment, the PHANTOM 3 PROFESSI ONAL VT OL UA S for compensation or hire within the National Airspace Sy stem (“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 o f west central Texas known as the western Permian Basin, while keeping the documents required b y the regulations at the ground control station and immediately

accessible to the Pilot In Command (PI C). Additionally , for the PHANTOM 3 PROFE S SI ONAL VTOL UAS
, specific and limited missions over private property which are not rural 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, LL C from the airworthiness certificate 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 appropriate, of the unmanned aircraft.

In general, UAS Ops would be conducted 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 Pilot,**  **Pilot in Command (PIC) with a current DOT**  **Airman Medical Certificate**  **or Drivers License , as specified,**  **for Li ght**  **Sport A** **ircraft pilots , and with a qualified observer to perform sense and avoid**  **functions during UAS flight operations.**

**2. PHANTOM 3**  **PROFESSIONAL VTOL**  **UA S**  **Description** The PHANTOM 3 PROFESSI ONAL VTOL UA S is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft Vehicle (UAV) and a hand held Ground Control Station (GCS). The PHANTOM 3 PROFESSI ONAL VTOL UAV has a maximum gross weight of approximately

2.8 pound s, while having a diameter of 15 inches, rotor span of 2 4 inches, and maximum spe ed of 35 mph. The PHANTOM 3 PROFESSIONAL VTOL UAV is equipped with four propellers, each being driven by a Lithium Polymer battery powered electric motor.**The PHANTOM 3**  **PROFESSIONAL VTOL**  **UAV without registration number** 

**displayed in accordance with 14 C.F.R. Part 45** . Cherokee UAS has reserved a registration number for the PHANTOM 3 PROFESSI ONAL VTOL UAV , and will submit an Aircraft Registration Appl ication upon the grant of the exemptions sought by this petition.

**Technical Specifications Of The PHANTOM 3**  **PROFESSIONAL VTOL**  **UAV**

**.** Unmanned Aircraft System The PHANTOM 3 PROFESSIONAL VTOL is an Unmanned Aircraft System that is comprised of vertical takeoff and landing (VTOL) unmanned aircraf t and a hand held ground control station and camera

. Unmanned Aircraft Dimensions Diameter: 15 inches Rotor span: 2 4 inches Weight: 2.8 lbs. Fuel Not Applicable. NOTE: The PHANTOM 3 PROFESSIONAL VTOL UAS is powered by a Lithium Poly mer rechargeable battery

. Engine (Propulsive Unit) Limits 4 Lithium Polymer powered electric brushless motors. Operating Temperature limits : 32°F (0 °C)

- 104 °F (40°C) Prope ller (4 ) Phantom 3 Pro. FAA Propeller Type Certific ate: None Propeller Ty

pe: 2

- blade, plastic, fixed pitch,
tractor Diameter (Nominal): 9.5 in. Battery Command & Control 1 Lithium Polymer (LiPo) rechargeable battery to power the motors, and separate rechargeable LiPo battery for the command and contro l unit

. Airspeed Limits Vne (Nev er Exceed Speed) 30 knots (16 m/s) Empty Weight C.G. Range N/A, not adjustable

Datum Centroid of VehicleMaximum Weights Ramp 2.8 lbs. Takeoff 2.8 lbs. Landing 2.8 lbs. Empty Weight 1.995 lbs. NOTE: Empty

Weight Includes weight of
payload

. Frequencies 2.4 00 GHz

- 2.483 GHz (ISM Band) NOTE: FCC license is not required to utilize the above frequencies. Computer Software Avionics embedded processor, DJI proprietary Minimum Crew (1) The PHANTOM 3 PROFE SSIONAL VTOL 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 500 ft AGL and 19,686 ft. MSL

Rotor Blade and Control Movements Fix ed Rotor Control. Vehicle control is achieved through varying thrust of each motor individually Nominal Endurance 23 minutes above 32 °F (0 °C)
approx. 12 minutes below 32 °F (0 °C) Ambient Outside Air Temperature (OAT) Maximum OAT: 120 °F (49 °C) Minimum OAT At Altitude: 32° F (0 ° C) Wind Limitation 22 mph / 18 knots

Maintenance This PHANTOM 3 PROFESSIONAL VTOL UAS must be maintained in accordance with the manufacturer’s operators manual, or later FAA accepted revision.

**D . The Specific Se**  **ctions of 14 C.F.R. From Which CHEROKEE UAS Seeks Exemption**  **for the PHANTOM 3**  **PROFESSIONAL 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 b y § 21.5 of this chapter unl ess 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 b y § 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).**  CHE ROKEE 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 day s 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 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 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 UA S 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 p ilot 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**  **Exempt ion From T**  **he Restricted Category**  **Airworthiness Cert ification 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 PHANTOM 3 PROFESSIONAL VTOL UAS from the re stricted 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 ty pe certificated in th e 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 C HEROKEE UAS Seeks And The Reason CHEROKEE UAS**  **Seeks Relief From Section 91.9(b).**  Relief is requested because the PHANTOM 3 PROFESSIONAL VTOL UAS weighs less than three ( 2 .8 ) pounds at its maximum gross weight and cannot carry the approved Airplane Flight M anual onboard. Furthermore, the PHANTOM 3 PROFESSI ONAL 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 PHANTOM 3 PROFESSIONAL VTOL UAS any time the unmanned aircraft is operating. The approved Airplane Flight Manual must be made available within 10 day s 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 PHANTOM 3 PROFESSI ONAL VTOL UAS is unmanned, it has no cabin, cockp it, 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 PHANTOM 3 PROFESSI ONAL VTOL 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 C HEROKEE 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 PHANTOM 3 PROFESSIONAL VTOL UAS near each entrance to the cabin, cockpi t, or pilot station. As the PHANTOM 3PROFESSI ONAL 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 half (1 /2 ) inch high, horizontally
, one side of the fuselage , which is a circular cowling at the center of the PHANTOM 3 PROFESSI ONAL 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 commerciall y operate the PHANTOM 3 PROFESSI ONAL VTOL UAS, without an airworthiness certificate, for the special purpose of conducting ae rial 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 are 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 Sy stem (“SMS”). CHEROKEE UAS seeks relief from the airworthiness certificate requirements of 14 C.F.R.§ 21.185 to the extent that the PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFESSI ONAL 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 co nsidering 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. 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 determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight,

s peed, 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 certif

icate 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**  **PHANTOM 3 PROFESSIONAL**  **User Manual,**  **PHANTOM 3 PROFESSIONAL**  **Quick Start Guide, PHANTOM 3**  **Safety Guidelines and Disclaimer, and the PHANTOM 3 Intelligent Flight Battery Safety**  **Guidelines, the PHANTOM 3 PROFESSIONAL**  **VTOL 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 PHANTOM 3 PROFESSI ONAL VTOL UAS in the NAS, as well as the specific parameters of CHEROKEE UAS’s intended operation pursuant to this exemption, demonstrate that the PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFES SIONAL VTOL UAS, without an airworthiness certificate, by setting forth specific operating limitations to ensure a level of safety equivalent to what would be provided b y airworthiness certification.

**F**

**. 1.**  **The Reasons Why Granting CHEROKEE UAS’s Request Wo uld 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, efficientl y, and economically perform aerial acquisition survey s and inspections using the PHANTOM 3 PROFESSIONAL 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 populated is requested. These flights, will only be conducted at the direction of the over flown property owner. Not flown over
person s 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 industrie s. Additionally , use of the PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFESSI ONAL VTOL UAS will be realized without implicating any privacy issues as CHEROKEE UAS flights will generally be restricted to sparsel y p opulated rural areas and specifically restricted to avoid the public. Only specifi c and limited non rural flights will be conducted b y the PHANTOM 3 PROFESSI ONAL 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 Petitio n 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 operations wi ll 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 PHANTOM 3 PROFESSI ONAL VTOL UAS will provide safe, efficient, and economical aerial acquisition survey s 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 PHANTOM 3 PROFESSI ONAL 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 PHANTOM 3 PROFESSIONAL VTOL UAS will be used to predict crop yields an d prevent crop destruction due to invasive species, i.e. feral swine. In the oil and gasindustry , the PHANTOM 3 PROFESSI ONAL VTOL UAS will be used to aid in facility

inspections, environmental compliance inspections / surveying, planning new worksites,

an d performing right of way anal ys is. The PHANTOM 3 PROFESSI ONAL VTOL UAS will also further environmental management b y s urveying 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 Decre**  **ased Congestion Of The NAS.** The PHANTOM 3 PROFESSI ONAL 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 PHANTOM 3 PROFESSI ONAL 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, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The PHANTOM 3 PROFESSIONAL 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 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**  **PHANTOM 3 PROFESSIONAL**  **VTOL UAS.**  Conducting UAS derived aerial survey s and inspections with the PHANTOM 3 PROFESSI ONAL VTOL UAS, instead of manned aircraft, will greatl y benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial survey

flight operations. By

using battery

power and electric motor s , the PHANTOM 3 PROFESSIONAL VTOL UAS produces no air pollution, and is a viable environmentally

conscious alternative to the internal combustion engine aircraft that are ty picall y utilized for aerial survey s and inspections. The PHANTOM 3 PROFESSIONAL VTOL UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise p ollution as its battery powered electric motor s are barel y audible during the take

off and landing phase s , and cannot be heard when operating more than 100 feet above ground level. By

using the PHANTOM 3 PROFESSI ONAL 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 manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of aircrew members located onbo ard the aircraft, the PHANTOM 3 PROFESSIONAL VTOL UAS (weighing less than three (2 .8 ) pounds at its maximum gross weight while having a diamet er of 15 inches, rotor span of 24 inches, and maximum speed of 20 mph and with no comb ustible fuel on board), has less phy sical 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 poundswith 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**  **PHANTOM 3 PROFESSIONAL**  **VTOL UAS Will**  **Benefit The Economy.** In addition to being safe and efficient, the PHANTOM 3 PROFESSI ONAL VTOL UAS is also an e conomical alternative to using manned aircraft to conduct aerial survey s and inspections. As such, operation of the PHANTOM 3 PROFESSI ONAL 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 economicall y 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 PHANTOM 3 PROFESSI ONAL 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 Pro vide A Level Of Safety At Least Eq**  **uivalent To That**  **Provided By The Rule From Which Cherokee**  **UAS Seeks Exemption.** 

**1. Reasons Why The PHANTOM 3**  **PROFESSIONAL VTOL**  **UA S Meets The**  **Conditions Of The FAA Modernization and Reform Act 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 PHANTOM 3 PROFESSIONAL VTOL UAS meets the conditions of FMRA Section 333, and will not require an airwort

hiness 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 PHANTOM 3 PROFESSIONAL VTOL UAS can operate safely in the NAS Pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the PHANTOM 3 PROFESSIONAL VTOL UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**The PHANTOM 3**  **PROFESSIONAL VTOL**  **UAS, w hen operated in accordance**  **with the PHANTOM 3**  **PROFESSIONAL VTOL**  **UAS Operator Manual, the Nova Fa**  **mily Systems Operations Manual, and the PHANTOM 3**  **PROFESSIONAL VTOL**  **Maintenance Manual, the PHANTOM 3**  **PROFESSIONAL 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**  **PHANTOM 3 PROFESSIONAL**  **VTOL UAS**  **Demonstrate Its Safe Characteristics.** The PHANTOM 3 PROFESSIONAL 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**  **PHANTOM 3 PROFESSIONAL**  **VTOL 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 d egradation 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 PHANTOM 3 PROFESSIONAL VTOL UAV is designed for complete autonomy f rom launch to landing with a line of sight operator in the loop monitoring the airframe. The PHANTOM 3 PROFESSIONAL VTOL UAV uses a multi

- stage failsafe approach for all avionics failure conditions, including the event of a loss of communications (“Lost Link”). Refer to PHANTOM 3 PROFESSIONAL Quick Start Guide. Upon loss of the communication signal, the PHANTOM 3 PROFESSIONAL VTOL UAV will return to home using onboard GPS or if GPS is not available, the onboard Vision System, or Barometric altimeter will maintain hover

. PROFESSIONAL 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 PHANTOM 3 PROFESSIONAL VTOL UAV will then continue to attempt to re

- ac quire the link while it navigates through the landing procedure. The landing procedure for Lost Link is identical to a normal landing procedure. The PHANTOM 3 PROFESSIONAL VTOL UAV will enter into a hover

- land procedure; descending while reducing speed until contact with the ground. During this decent and touchdown, the PHANTOM 3 PROFESSIONAL VTOL UAV will remain in controlled flight.

The PHANTOM 3 PROFESSIONAL VTOL UA S Operator Manual fully describes the features of the PHANTOM 3 PROFESSIONAL VTOL UA S, and sets forth the UAV ’s operation in the event of a power loss, loss of communications, loss of GPS signal, interruption of it's onboard magnetic compass, loss of controller link, or software crash. A
copy of PHANTOM 3 PROFESSIONAL VTOL UA S 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**  **PHANTOM 3 PROFESSIONAL**  **VTOL Ground Control Station And Its**  **Operation.** The PHANTOM 3 PROFESSIONAL VTOL UAS Ground Control Station is pictured below with the VTOL for size reference.

**This system has been has been granted**  **exemptions to operate commercially in the NAS. See**  **Ex emption Nos. 11062, 11109, 11112, 11213, and 11481**  . A complete description of the operation and specifications of the ground control station (GCS) and flight control software for the PHANTOM 3 PROFESSIONAL VTOL VTOLUA S is provided in the PHANTOM 3PROFESSIONAL VTOL UA S Operator Manua l . A complete overview of the features and

operation of the GCS software is provided at http://www.dji.com/product/phantom

3/download . Copies of all PHANTOM 3 PROFESSIONAL V TOL UA S Manua l s are also located at http://www.dji.com/product/phantom

- 3/download

.

**3. Safe**  **Mobile Operation Of The PHANTOM 3**  **PROFESSIONAL VTOL**  **UA S.**  The PHANTOM 3 PROFESSIONAL VTOL UA S may be safely operated by a Pilot

- in

Command (PIC) and safety observer co

- located with a hand held GCS o n a mobile vehicle , in order to efficiently

perform aerial acquisition operations of large areas. Additional self imposed limitations and requirements apply to mobile operations of the PHANTOM 3 PROFESSIONAL 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 unnecessary debris prior to the operation. Equipment and personnel p ositioning 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 , using constant GPS input, for constant updating of GCS position on the map overlay, and the PIC must be kept aware of mobile vehicle position. The GCS mu st be mounted or fixed inside 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 s afety 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 al so meet the “sterile environment” of a static site, otherwise mobile operations are prohibited.

**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 f

rom 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**  **UA S**  **Seeks:** UAS seeks an exemption to operate the Cherokee UAS Nova Block III F6500 UAS and by this amendment, the PHANTOM 3 PROFESSIONAL VTOL UAS for compensatio n 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 anda s mall 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 PHANTOM 3 PROFESSIO

NAL VTOL UAS, specific and limited missions over limited access private property which are not rural and populated is requested. These specific and limited flights, will only be conducted at the direction of the over flown property owner and no flights w ill 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.