Section 333 Exemption

Chloeta Fire, LLC

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Dear Sir o,r Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012and 14 C.F.R Part LL, Chloeta

Fire, LLC hereby applies for the grant of exemption from certain Federal Aviation Regulations for the

PROtect tnultirotor manufactured by Chaney Aerospace, LLC of Abilene, TX and the Apprentice S 15e

fixed wing aircraft manufactured by E-flite of Champaign, lL.

The Requested exemption would support an application for a commercial Cerrtificate of Authorization to

use the PROtect sUAS and Apprentice S 15e sUAS to support aerial surveying, specifically wildland

firefighting.

As detailed in this document and the attached PROtect and Apprentice S L5e User Guides, the requested

exemption would permit the operation of a sUAS under controlled conditions in airspace that is limited,

predeterrnined, controlled as to access, and would provide safety enhancements to the safety protocols

by Chloeta Fire. Approval of this exemption will also be in the interest of the general public as it will

help aid wildland firefighting efforts and will not invade on the privacy of the public,

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 provides justification for

the grant of the requested exemptions allowing commercial operation of Chloeta Fire's sUASs for

wildland firefighting efforts. We are prepared to modify or amend any part of our request to ensure an

equivalent level of safety. lf you require additional information, please do not hesitate to contact us at

the number listed.

Sincerely,

Mark D. Masters

Owner & ,CEO, Chloeta Fire, LLC

C[-f IOETA | 1050 E. 2no st, #285 | Edmond, oK 73034 | (977124s-6382 | www.chtoetafire.com
Chloeta Fire, LLC Page 2 of 10

NAME AND ADDRESS OF APPLICANT

Chloeta Fire, LLC

Mark D. Masters, Owner

1050 E. 2nd St. #285

Edmond, OK 73034

877.245.6382 ext. 3614

mmasters@chloetafire.com

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 CFR Part 21

14 CFR 45.23

14 CFR 61.113(a) & (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) & (b)

VEHICLE DESCRIPTIONS

The aircraft Chloeta Fire plans to use are the PROtect and the Apprentice S 15e. 

Chaney Aerospace, LLC PROtect

The PROtect is a multirotor, more specifically a quadcopter, airframe manufactured by Chaney 

Aerospace, LLC. The PROtect has a total weight of 6.5 pounds and can carry a payload up to 1.5 pounds. 

This gives the PROtect a maximum takeoff weight of 8 pounds. The PROtect is electrically powered by 

lithium polymer batteries and has a maximum flight time of 10 minutes. The maximum range of the 

aircraft is limited to visual line of site. Therefore, we have deemed the maximum operation range to be 

1.5 nautical miles. The aircraft will not be flown when maximum sustained winds are above 30 miles per 

hour. For all flights, the aircraft will take off and land vertically.
Chloeta Fire, LLC Page 3 of 10

The PROtect has the ability to be controlled with computer assistance or completely by the computer 

through the onboard Pixhawk flight controller manufactured by 3D Robotics of California. Because the 

PROtect is a multirotor, at all times during manual operations, flight is computer assisted to increase 

stability of the aircraft. Manual flight is controlled directly by the pilot in command. Autonomous flights 

are programmed through software at the ground control station (GCS). At the GCS, the aircraft can be 

programmed to fly specified courses through GPS. 

Using the Pixhawk allows Chloeta Fire to set operational thresholds on the flight controller such as 

battery reserve, altitude, range, and remote connectivity. Altitude is measured by a barometric pressure 

sensor on the Pixhawk and range is measured using onboard GPS. Ground speed is measured through 

GPS. The Pixhawk will not allow range or altitude parameters to be exceeded. In the event that 

connectivity is lost with the pilot in command (PIC) remote control or the battery gets too low, the 

PROtect is programmed to return to the point of take-off. For safety precautions, the PIC always has a 

switch on his remote programmed to force the aircraft to return to its take-off point. 

E-flite Apprentice S 15e

The Apprentice S 15e is a fixed wing airframe manufactured by E-flite. The Apprentice S 15e has a total 

weight with fuel of 3.5 pounds and can carry a payload up to 1.75 pounds. This gives the Apprentice S 

15e a maximum takeoff weight of 5.25 pounds. The Apprentice S 15e has a length of 42.5 inches and a 

wingspan of 59 inches. The aircraft has a speed range of 10 knots up to 40 knots. The Apprentice S 15e is 

electrically powered by lithium polymer batteries and has a maximum flight time of 30 minutes. The 

maximum range of the aircraft is limited to visual line of site. Therefore we have deemed the maximum 

operation range to be 1.5 nautical miles. The aircraft will not be flown when maximum sustained winds 

are above 30 miles per hour. For take-off, the aircraft may be hand launched or use a runway. All 

landings will require use of landing gear on a runway.

The Apprentice S 15e has the ability to be controlled manually, with computer assistance, or completely 

by the computer through the onboard Pixhawk flight controller manufactured by 3D Robotics of 

California. Manual flight is controlled directly by the pilot in command. Autonomous and semiautonomous flights are programmed through software at the GCS. At the GCS, the aircraft can be

programmed to fly specified courses through GPS with specific limitations. 

Using the Pixhawk allows Chloeta Fire to set operational thresholds on the flight controller such as 

battery reserve, altitude, range, airspeed, and remote connectivity. Altitude is measured by a 

barometric pressure sensor on the Pixhawk and range is measured using onboard GPS. Airspeed is 

measured using a pitot static tube on the wing of the aircraft. Ground speed is measured through use of 

GPS. The Pixhawk will not allow range, airspeed, or altitude parameters to be exceeded. In the event 

that connectivity is lost with the PIC’s remote control or the battery gets too low, the PROtect is 

programmed to return to the point of take-off and circle at a specified altitude. For safety precautions, 

the PIC always has a switch on his remote programmed to force the aircraft to return to its take-off 

point. 
Chloeta Fire, LLC Page 4 of 10

Avionics System

For both aircraft, the avionics system will include a Pixhawk flight controller, radio receiver, and a data 

transmitter/receiver utilizing 915Mhz.

Payload

Both of the previously mentioned aircraft will have the capability and/or need to carry a high resolution 

camera on a multi-axis gimbal. In order to transmit video, a 5.8Ghz transmitter will be used. The video 

transmitter we use is permitted for use by the FCC. There for an FCC license is not needed for operation.

Aircraft Control

Manual control will be achieved using a 2.4 Ghz radio control. Telemetry data and autonomous controls 

from the ground station will be transmitted and received on 915Mhz radio frequency. It should be noted 

that an FCC license is not required for the radio control or telemetry transmitter that will be used.

Ground Control Station

The ground control station will consist of a computer for monitoring telemetry data from the aircraft in 

flight as well as programming the aircraft for autonomous flight. There will also be at minimum one 

video monitor for monitoring live video feed which is vital during wildfire operations. Operational 

checklist will also be located at the GCS along with the operations manual. The crew at the GCS will 

comprise of a PIC, a Visual Observer (VO), and at minimum one sensor/software operator. The sensor 

and software operators will process aerial maps and photogrammetry software to aid in operations. 

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates

14 CFR Part 21, Subpart establishes procedural requirements for the issuance of airworthiness 

certificates. Given the size, weight, and limited operating area associated by the sUAS’s to be used by 

Chloeta Fire, an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the requirement for an 

airworthiness certificate. This exemption can be based upon consideration of the size, weight, speed, 

operational capabilities, proximity to airports, and proximity to populated areas of the sUAS in question. 

A sUAS operated without an airworthiness certificate in the restricted environment and under the 

conditions and limitations proposed by Chloeta Fire will be at least as safe, or safer, than a conventional 

aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 14 CFR Part 

21, Subpart H, and not subject to the proposed limitations and conditions.
Chloeta Fire, LLC Page 5 of 10

14 CFR 45.23: Display of Marks

14 CFR 45.23 requires that operators of an aircraft must display the letter “N” followed by the 

registration number. It also requires that for light-sport, experimental, or provisionally certificated 

aircraft, the operator must display “limited,” “restricted,” “light-sport,” “experimental,” or “provisional” 

near each entrance to the cabin, cockpit, or pilot station. The letters must be between 2 and 6 inches 

high.

Although the UAS will not have an airworthiness certificate, an exemption may be needed because the 

UAS does not require a pilot. Because there is no pilot, there is no entrance to the cabin, cockpit, or pilot 

station to where the word “Experimental” can be displayed. Also, 2 inch lettering will not be possible 

due to the size of the aircraft. 

The aircraft will be marked with registration information on an exterior surface as well as the following:

Chloeta Fire

1050 E. 2nd St. #285

Edmond, OK 73034

877.245.6382

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

14 CFR 61.114(a) & (b) limit private pilots to non-commercial operations. Chloeta Fire will not carry a 

pilot or passengers, therefore the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating Chloeta Fire’s aircraft to have a private pilot’s license 

rather than a commercial pilot’s license to operate the small UASs previously listed. Unlike a 

conventional aircraft that carries a pilot and passengers, Chloeta Fire’s UASs are remotely controlled 

with no persons onboard. The area of operation will be controlled and restricted, and all flights will be 

planned and coordinated in advance. The risks associated with the operation of the PROtect and 

Apprentice S 15e are so diminished from the level of risk associated with commercial operations 

contemplated by 14 CFR Part 61 that allowing operations as requested with a private pilot as the PIC 

exceeds the present level of safety achieved by 14 CFR 61.113(a) & (b).

14 CFR 91.7(a): Civil aircraft airworthiness

14 CFR 91.7(a) prevents an aircraft from flying unless it is in an airworthy condition. Because an 

airworthiness certificate will not be issued for the sUAS, there will be no FAA standard for determining 

airworthiness. 

By using safety checklists prior to flight and following the user manual for maintenance, an equivalent 

standard of safety will be provided.
Chloeta Fire, LLC Page 6 of 10

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

Due to the size of the sUAS, and that there is no pilot onboard, it has no ability or need to carry a flight 

manual. Also, if the manual were kept in the aircraft, the PIC would not have access to it during flight 

operations.

To keep a standard of safety, a flight manual will be kept at the ground control point allowing the pilot 

of the sUAS to have immediate access to the aircraft manual.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command shall become familiar with all available information 

concerning to flight as well as take certain actions.

An exemption is requested because the preflight actions will be slightly different than that of a manned 

aircraft. Our pilot will take separate actions such as checking weather conditions, flight battery 

requirements, checking takeoff and landing distances, and all other actions in the user guide and safety 

checklists. These actions will provide an equivalent level of safety. 

14 CFR 91.109: Flight instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functional dual controls. By design, sUASs 

and remotely operated aircraft do not have onboard controls since the aircraft are not manned by a 

pilot. Manual control of the flight is accomplished through the use of a control box that communicates 

with the aircraft via radio communication. 

An equivalent level of safety is provided by the fact that neither a pilot nor passengers will be onboard 

the aircraft. Also, in the event that a pilot needs to be trained for an aircraft, two remote controls can 

be linked allowing the trainer to regain control of the aircraft from the trainee at any time. This provides 

for a safe training experience.

14 CFR 91.119: Minimum safe altitudes

14 CFR 91.119 requires that an aircraft must fly at a minimum of 500ft AGL unless taking off or landing. 

It also states that an aircraft may not be operated within 500 feet of any person, vessel, vehicle, or 

structure. Since we are flying a sUAS, we must fly below 400ft AGL. Therefore we cannot comply with 

this rule. 

By flying below 400ft AGL, this will keep us out of the way of other manned aircraft in the same airspace 

which provides safety to those in the air space around us. Certain missions may require us to be closer 

than 500ft to people, vessels, vehicles, and or structures. This is because the aircraft will be used in 
Chloeta Fire, LLC Page 7 of 10

firefighting situations where such objects or personnel will be in the area. Due to the size of the aircraft 

compared to a manned aircraft, the risk posed to objects and personnel is not comparable to that of a 

manned aircraft and should be considered in granting an exemption. Furthermore, the aircraft will not 

be operated over any property without the land owner’s permission, and it will not be operated over 

congested areas. Any personnel on the ground with fire operations will be briefed of the safety risks 

involved with a sUAS flying in the airspace above them. Also, the aircraft will be operated at an altitude 

allowing an emergency landing without undue hazard to persons or property if mechanical system 

failures arise.

14 CFR 91.121: Altimeter settings

14 CFR 91.121 outlines the requirements for setting the altimeter in flight. These regulations provide 

that the aircraft must maintain cruising altitudes by referencing altimeter settings within 100 nautical 

miles of the aircraft.

Seeing as all flights will be kept below 400ft AGL, and will not be long distance, we find that it is more 

important to zero the onboard barometric altimeter prior to each flight. This will make it easier for the 

PIC to confirm the altitude of the aircraft.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

14 CFR 91.151(a) prohibits a person from beginning a flight in VFR conditions unless there is enough fuel 

onboard the aircraft to reach the destination and fly for at least 30 minutes after. At night, the aircraft 

must be able to fly for 45 minutes after reaching its destination. We believe this section is set forth to 

provide the intent of a fuel reserve on the aircraft. 

The PROtect is battery operated with a maximum flight time of 8 minutes with full payload with a single 

battery charged at 100%. Because the aircraft will not be flown more than 1/4 mile from the point of 

intended landing, a full battery charge at launch with a 10% fuel reserve will give the aircraft plenty of 

time to reattempt a landing. This scenario is highly unlikely as the aircraft does not need a runway 

because it is a multirotor and will land vertically on a predetermined spot. All aspects of flight: takeoff, 

climb, cruise, hover, descent and landing will be calculated with regards to time and fuel consumption in 

order to use the battery power effectively and to ensure we always land with a 10% fuel reserve. 

The Apprentice S 15e is battery operated with a maximum flight time of 30 minutes with full payload 

with a single battery charged at 100%. Because the aircraft will not be flown more than 1.5Nm mile 

from the point of intended landing, a full battery charge at launch with a 15% fuel reserve (4.5 minutes) 

will give the aircraft plenty of time to reattempt a landing if needed and meet the intent of a fuel 

reserve. All aspects of flight: takeoff, climb, cruise, descent and landing will be calculated with regards to 

time and fuel consumption in order to use the battery power effectively and to ensure we always land 

with a 15% fuel reserve. We believe that an equivalent level of safety is achieved because 4.5 minutes is 

more than enough time to attempt several landings if needed. 
Chloeta Fire, LLC Page 8 of 10

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The sUAS does not have a cabin, cockpit or pilot station and is operated without an onboard pilot. 

Because of this, there is no way to carry or display certification and registration documents.

To keep a standard of safety, documents applicable to the sUAS will be kept at the GCS where the pilot 

will have immediate access to them.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections

These regulations that the owner or operator of an aircraft must have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this Chapter and 

others shall inspect and maintain the aircraft in compliance with Part 43.

Because these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Chloeta Fire. Maintenance will be accomplished through the operator pursuant 

to the user manual of the aircraft as well as maintenance techniques developed by Chloeta Fire. Chloeta 

Fire will designate, train, and document personnel who have authorization to perform inspections, 

maintenance, and alterations by means of maintenance instructions. Chloeta Fire will ensure that its 

UASs are in working order prior to initiating each flight, perform regular maintenance, and keep a log of 

any maintenance performed. Chloeta Fire, more specifically Will Chaney (owner Chaney Aerospace, LLC) 

who will be working with Chloeta Fire during operations, is the person most familiar with the aircraft 

and is best suited to maintain the aircraft in an airworthy condition to ensure safe operations. Due to 

the aircraft being limited in size, small payloads, restricted areas of operation, and limited flight times, 

Chloeta Fire will keep an equivalent level of safety. 

PUBLIC INTEREST

Wildland firefighting poses an inherent risk to those on the ground fighting to contain the fire. Wildfires 

also pose a risk to both public and private property. Both of these aspects make it imperative for those 

in charge of the firefighting operations to have the best data at their disposal. Small Unmanned Aerial 

Systems can be used to keep the general public, public property, private property, government property 

and firefighters out of harm’s way. Therefore it is not only in the public’s interest, but also the 

government’s interest to approve exemptions for the flight of sUAS’s to assist in wildland firefighting 

operations. Granting our request for exemption will allow Chloeta Fire to advance public safety research 

and development in the areas of wildland fires and hazard incident management.

Using a sUAS, like the PROtect or Apprentice S 15e, instead of a manned aircraft will benefit the public 

by reducing air and noise pollution. In typical wildland firefighting operations, manned aircraft are used 

which commonly require the use of internal combustion engines as compared to the PROtect and 
Chloeta Fire, LLC Page 9 of 10

Apprentice S 15e which use battery power and electric motors. These manned aircraft burn leaded 

aviation fuel that further adds pollution into the Earth’s atmosphere. By using the PROtect and 

Apprentice S 15e, Chloeta Fire is using environmentally conscious alternatives to manned aircraft. Due 

to the PROtect’s and Apprentice S 15e’s size and propulsion package, it also serves as an alternative that 

reduces noise pollution when compared to manned aircraft.

Approving exemptions for operations of commercial sUAS reduces risk while enhancing safety. Unlike 

sUAS, manned aircraft pose a greater risk to the population due to their size, fuel source, and the fact 

that they carry human passengers and human pilots. By using sUAS’s in place of manned aircraft, risks 

due to size, weight, and combustible fuel on board are reduced drastically. Also, the threat to life 

onboard the aircraft is nonexistent. 

EQUIVALENT LEVEL OF SAFETY

Chloeta Fire believes that the grant from exemption from parts 21, 45.23, 61.113(a) and (b), 91.7(a), 

91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 

417(a) and (b) of Title 14, Code of the Federal Regulations will not affect safety because of the reasons 

stated below. Also, the limitations provide for an equivalent or higher level of safety to operations under 

the current regulatory structure. The proposed operations represent a safety enhancement to the 

protocols followed by manned aircraft.

During operations under an FAA issued exemption, the following limitations will be in place and apply to 

operations for the PROtect and Apprentice S 15e:

1. Minimum crew for each operation will consist of a Pilot in Command and a Visual Observer.

2. The aircraft will be operated with both a PIC and a VO.

3. The pilot in command will be an FAA licensed airman with at least a private pilot’s certificate 

and third class medical.

4. The pilot and visual observer will have been trained in the operation of the sUAS.

5. The pilot and visual observer will at all times be able to communicate by voice and/or text.

6. Flights will be operated within visual line of a pilot and/or observer.

7. All operations will occur below 400ft AGL.

8. Flight operations will be conducted 5 NM from an airport when applicable. Flight operations 

within 5NM of an airport will require notification and approval from the local Flight Standards 

District Office and airport controller.

9. Operations will occur during daylight hours and under visual meteorological conditions only.

10. When necessary and applicable, the FAA will have notice of operations through the filing of 

notices-to-airmen.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. When necessary, applicable permits will be acquired from local authorities.

13. The aircraft will not be operated over urban or populated areas.

14. The aircraft will not be operated over an open-air assembly of people.
Chloeta Fire, LLC Page 10 of 10

15. All flights will land with a 10% battery power reserve for the PROtect, and 15% for the 

Apprentice S 15e.

16. In the event of an unpredicted situation, the sUAS will have the capability to return to a 

predetermined location and either land, hover, or circle.

Additionally, the PIC and VO will complete initial training in order to operate either of the aircraft for 

which the exemption is requested. We do not anticipate the need for a supplemental pilot due the 

simplicity of the systems. Finally, due to the size, weight, and operating conditions of both the PROtect 

and Apprentice S 15e, and the use of a fully qualified flight crew, Chloeta Fire believes flight operations 

will have an equivalent or greater level of safety than manned aircraft performing the same mission.

PRIVACY

All flights will be conducted over private property or controlled access property with the property 

owner’s prior consent and knowledge. Any images taken of individuals will be taken of individuals who 

have consented to being photographed or filmed prior to filming or who have agreed to be in the area 

where imagery will be captured.

FEDERAL REGISTER SUMMARY

Mark D. Masters, Owner, Chloeta Fire, LLC, 1050 E. 2ndSt. #285, Edmond, OK 73034, petitioned the FAA 

on behalf of Chloeta Fire, LLC for an exemption from part 21, 45.23, 61.113(a) and (b), 91.7(a), 

91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 

417(a) and (b) of Title 14, Code of the Federal Regulations. Using an onboard sensor(s), the exemption 

would allow commercial operation of the PROtect small Unmanned Aircraft System, manufactured by 

Chaney Aerospace, and the Apprentice S 15e manufactured by E-flite for aerial surveillance to aid in 

wildland firefighting and other commercial industries.