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 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, UNPOPULATED REGIONS AND 

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.

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on Oct 13, 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 DJI TECHNOLOGY CO., LTD. 

PHANTOM 3 PROFESSIONAL vertical takeoff and landing (VTOL) Unmanned 

Aerial System (UAS) to Cherokee UAS, LLC Petition, Regulatory Docket N0. FAA2015-0965 / FAA EXEMPTION 11292.

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 PHANTOM 3 PROFESSIONAL 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 / FAA 

EXEMPTION 11292.

Cherokee UAS, LLC a.k.a. Cherokee UAS, seeks an exemption to operate an additional 

UAS, and by this amendment, the PHANTOM 3 PROFESSIONAL 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 PHANTOM 

3 PROFESSIONAL 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 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, 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 Light 

Sport Aircraft pilots, and with a qualified observer to perform sense and avoid 

functions during UAS flight operations.

2. PHANTOM 3 PROFESSIONAL VTOL UAS Description

The PHANTOM 3 PROFESSIONAL VTOL UAS is comprised of a vertical takeoff and 

landing (VTOL) Unmanned Aircraft Vehicle (UAV) and a hand held Ground Control 

Station (GCS). The PHANTOM 3 PROFESSIONAL VTOL UAV has a maximum gross 

weight of approximately 2.8 pounds, while having a diameter of 15 inches, rotor span of 

24 inches, and maximum speed 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 PROFESSIONAL VTOL UAV, and will submit an Aircraft 

Registration Application 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 aircraft and a hand held

ground control station and camera. 

Unmanned Aircraft Dimensions Diameter: 15 inches 

Rotor span: 24 inches 

Weight: 2.8 lbs.

Fuel Not Applicable. 

NOTE: The PHANTOM 3 PROFESSIONAL

VTOL UAS is powered by a Lithium 

Polymer rechargeable battery. 

Engine (Propulsive Unit) Limits 4 Lithium Polymer powered electric brushless 

motors. Operating Temperature limits: 32°F 

(0 °C) - 104 °F (40°C)

Propeller (4) Phantom 3 Pro.

FAA Propeller Type Certificate: None 

Propeller Type: 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 control unit. 

Airspeed Limits Vne (Never Exceed Speed) 30 knots (16 m/s) 

Empty Weight C.G. Range N/A, not adjustable

Datum Centroid of Vehicle 
Maximum 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 2.400 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 PROFESSIONAL

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 Fixed 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 Sections 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 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 

PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFESSIONAL VTOL UAS weighs less 

than three (2.8) pounds at its maximum gross weight and cannot carry the approved 

Airplane Flight Manual onboard. Furthermore, the PHANTOM 3 PROFESSIONAL

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 

PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 

PROFESSIONAL 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 PHANTOM 3 PROFESSIONAL VTOL 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 PHANTOM 3 PROFESSIONAL VTOL

UAS near each entrance to the cabin, cockpit, or pilot station. As the PHANTOM 3 
PROFESSIONAL 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 

PROFESSIONAL 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 PHANTOM 3 

PROFESSIONAL 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 are 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 

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 PROFESSIONAL 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 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 

PROFESSIONAL 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 safely in the NAS without 

creating a hazard to other aircraft or people on the ground. Accordingly, the FAA may 

approve operation of the PHANTOM 3 PROFESSIONAL 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 

PHANTOM 3 PROFESSIONAL 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 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 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 PROFESSIONAL

VTOL UAS will be realized without implicating any privacy issues as CHEROKEE UAS

flights will generally be restricted to sparsely populated rural areas and specifically

restricted to avoid the public. Only specific and limited non rural flights will be 

conducted by the PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 

PROFESSIONAL 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 well-being of the general public. The specific operations that 

CHEROKEE UAS will perform with the PHANTOM 3 PROFESSIONAL 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 

PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFESSIONAL VTOL UAS will be used to aid in facility

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

and performing right of way analysis. The PHANTOM 3 PROFESSIONAL VTOL UAS 

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 PHANTOM 3 PROFESSIONAL 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 PROFESSIONAL

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

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 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 PHANTOM 3 

PROFESSIONAL VTOL UAS.

Conducting UAS derived aerial surveys and inspections with the PHANTOM 3 

PROFESSIONAL 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 

PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFESSIONAL

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 takeoff and landing phases, and cannot be heard when operating more than 100 feet above 

ground level. By using the PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFESSIONAL

VTOL UAS (weighing less than three (2.8) pounds at its maximum gross weight while 

having a diameter of 15 inches, rotor span of 24 inches, and maximum speed of 20 mph

and with no combustible 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 PHANTOM 3 

PROFESSIONAL VTOL UAS Will Benefit The Economy.

In addition to being safe and efficient, the PHANTOM 3 PROFESSIONAL VTOL UAS 

is also an economical alternative to using manned aircraft to conduct aerial surveys and 

inspections. As such, operation of the PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 PROFESSIONAL

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 PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 

PROFESSIONAL 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 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, when operated in accordance 

with the PHANTOM 3 PROFESSIONAL VTOL UAS Operator Manual, the Nova 

Family 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 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 PHANTOM 3 PROFESSIONAL VTOL UAV is designed for complete autonomy from 

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-acquire 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 UAS Operator Manual fully describes the 

features of the PHANTOM 3 PROFESSIONAL VTOL UAS, 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 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 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 Exemption 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 VTOL UAS is provided in the PHANTOM 3 
PROFESSIONAL VTOL UAS Operator Manual. A complete overview of the features and 

operation of the GCS software is provided at http://www.dji.com/product/phantom3/download. Copies of all PHANTOM 3 PROFESSIONAL VTOL UAS Manuals are also 

located at http://www.dji.com/product/phantom-3/download.

3.Safe Mobile Operation Of The PHANTOM 3 PROFESSIONAL VTOL UAS. 

The PHANTOM 3 PROFESSIONAL VTOL UAS may be safely operated by a Pilot-inCommand (PIC) and safety observer co-located with a hand held GCS on 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 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, 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 must 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 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, 

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 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 PHANTOM 3 PROFESSIONAL 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 PHANTOM 3 

PROFESSIONAL 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 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.