U.S. Department of Transportation (DOT)

1200 New Jersey Avenue, SE Room W 12

- 140 We st Building Ground Floor Wa shington, DC 20590

- 0001
RE: AFM Land Sales, LLC’s Petition for Exemption from Federal Aviation Regulations for the Purpose of Operating an Unmanned Aircraft System
Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, AFM Land Sales, LLC (AFMLS) seeks an exemption from Federal Aviation Regulations to allow the commercial use of the Blade Chroma 4K Unmanned Aircraft Sys tem (UAS) for the purpose of aerial data collections within the National Airspace System (NAS). The FAA has granted exemptions to many other entities over the past 8 months for similar craft and similar purposes. By approving these exemptions, the FAA will allow a safe and risk adverse method to collect aerial data. The battery

- powered UAS described herein is smaller and lighter than fixed

-wing aircraft. It operates at lower altitudes with no people on board. Its use will diminish the likelihood of death or serious injury to persons in the air or on the ground and the likelihood of damage to structures. The UAS offers no threat to national security. In addition, AFM Land Sales, LLC’s operations are exclusively in rural, sparsely populated agricultural and ti mber producing regions, therefore we feel our use of this UAS presents minimal risk to the national airspace or to life and property on the ground.
**The name and contact info for applicant are as follo ws** 
Mark Skillman, Managing Broker AFM Land Sales, LLC 650 East Pine Street , Suite 201B Central Point , Oregon 97502 Phone: (514) 664

- 9200 Email: mark.skillman@afmforest.com**Exemptions Requested:**

AFM Land Sales, LLC is requesting this waiver as it applies to the following F ARs: § 45.23(b) § 45.27(a) § 61 .113(a) and (b) § 61.23(a) § 91.7 (a) § 91.9(b)(2) and (c) § 91.103(b)(2) § 91.105 § 91.109 § 91.119(b) and (c) § 91.121 § 91.151 § 91.203 (a)(1) § 91.405 (a) § 91.407 (a)(l) § 91.409 (a)(1) & (a)(2) § 91.417 (a) & (b)

**Ab out the petitioner**  **and their desired UA S operations:** 
AFM Land Sales, LLC is a subsidiary of American Forest Management, Inc., a forestry consulting fi rm with over 50 years of experience in timberland management across the United States. AFMLS provides real estate services s pecializing in rural agricultural, timber producing and recreational properties.AFM Land Sales LLC’s use of the Blade Chroma 4K UAS will be for the use of aerial imagery

videography, and data collection to assist in the management and sales of their prop erties AFMLS’s properties are almost exclusively located in rural unpopulated regions, therefore AFMLS will not require the use of their UAS in any densely populated or congested areas.
**Background:**

**The UA S**  The Blade Chroma 4K is a small unmanned radio co ntrolled multirotor aircraft, very similar to the Yuneec Q500+ which the administration has already issued exemptions for. It contains a small onboard high resolution camera for capturing video and still photographs. It is controlled by a handheld ground control unit that displays a live video feed from the camera and provides the Pilot in Command (PIC) with real

- time telemetry information such as altitude, speed, distance from PIC and battery life. The Blade Chroma 4K is programmed with several flight safe ty controls, such as limiting the range from which the craft can be flown from the PIC (thus ensuring the crafts stays within the visual line of sight), limiting the altitude which the UAS can fly to no more than 400 ft AGL, returning the craft to its laun ch location if the PIC becomes disoriented or radio control communications are lost. If the battery is ever drained the craft will automatically safely land itself. The specification of the Blade Chroma 4K is as follows.

Motor to Motor Distance: 15.7 in (400mm) Rotor Type: Quadcopter Prop Diameter: 10.2 in (260mm) Approximate Flight Time: 30 minutes Battery: 11.1V 3S 6300mAh Li

- Po Height: 9.50 in (242mm) We ig ht: 45.9 oz (1.3 kg) Motor Type: 4 × 780Kv Brushless Outrunner Control Link: 2.4GHz Video Link: 5.8GHzVideo Link Range: 1,970 ft. (600m)

Satellite Navigation System: GPS, GLONASS Completion Level: Ready

- to

- Fly
**The Operation of the UA S**  AFM Land Sales, LLC will ensure that all individuals who will operate or act as a visual observer for any aerial data collection operations will be familiar with the Blade Chroma 4K and its operation manuals. Additionally AFMLS will ensure that its operators will be familiar and proficient with AFMLS’s Flight Operations Guidelines which are l isted below

**AF MLS’s Flight Operations Guidelines**  1. The minimum crew for UAS operation will consist of a Pilot in Command (PIC) and the Visual Observer (VO). 2. The PIC must hold a valid U.S. driver's license. 3. The PIC will be proficient in flying the Blade Chro ma 4K UAS and have at least 25 hours of flying time of the UAS in a manner consistent with how the UAS will be operated under this exemption. 4. Prior to each flight, the PIC will conduct a pre

-flight inspection in accordance with the manufacturer's user manu al to determine if the UAS is in condition for a safe flight. 5. After any maintenance or alterations to the UAS, the PIC and VO will perform a functional test flight before conducting further operations. 6. Before operating the UA over private or controlled

- access property, the PIC will obtain permission from the owner or controller of the property. 7. Prior to flight, the PIC will give a briefing to crew regarding the planned UAS operation. All personnel involved in the operation must be present. 8. The UA will be op erated within the Visual Line of Sight (VLOS) of the PIC and VO at all times. 9. The PIC and VO must be able to communicate verbally at all times. 10. Flights will be conducted only in daylight hours. 11. Flights will be conducted only in visual meteorological conditions. 12. The UAS will not be operated in rain, snow, or fog conditions.13. The UAS will be kept clear from clouds at all times.

14. The PIC will not begin a flight unless there is enough power for the UAS to conduct the intended operation and still have a reserve battery power of no less than 25%. 15. The UAS will not be operated at an altitude greater than 400 feet above ground level (AGL). 16. The speed of the UAS will not exceed 25 miles per hour. 17. The UAS will remain clear and give way to a ll manned aircraft. 18. The UAS will remain at a distance of at least 5 nautical miles of any airport or heliport unless a letter of agreement from the airport's management is obtained. 19. Flights will not be conducted over densely populated areas. 20. Flights will be operated at a lateral distance of at least 100 feet from people, structures, vehicles, and vessels not associated with the operation, unless property owner I controller or person has given authorization prior to the flight. 21. The PIC will abort the flight in the event of an unpredicted obstacle or emergency. 22. The PIC will report any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the operational area to the FAA's UAS Integration Office within 24 hours. 23. The PIC will report any accidents involving the UAS to the National Transportation Safety Board.
**Basis for the petition:**
AFM Land Sales, LLC, pursuant to the provisions of the Federal Aviation Regulations (FAR) (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 ("FMRA"), Section 333, Special Rules for Certain Unmanned Aircraft Systems ("Section 333"), hereby respectfully petitions the Administrator to operate the Blade Chroma 4K within the NAS and for an exemption from the requirements of Title 14 Code of Federal Regulations §§ 45.23(b), 45.27(a), 61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 91.103(b)(2), 91.105, 91.109,91.119 (b) and (c), 91.121, 91.151,91.203 (a)(l), 91.405 (a), 91.407 (a)(l), 91.409 (a)(l) & (a)(2), 91. 417 (a) & (b).
**Section 45.23(b) Display of marks** AFM Land Sales, LLC requests relief from Section 45 .23(b), because the Blade Chroma 4K UAS

does not have a cabin, cockpit, or pilot station upon which the markings can be placed.

AFM Land Sales, LLC sub mits that an equivalent level of safety can be achieved by marking the body of the UAS with the serial number and N

- number. The lettering of the N

- number will be as large as possible.
**Section 45.27(a) Location of marks; non fixed**  **- wing aircraft**  AFM Land Sales, LLC requests relief from Section 45.27(a) because the Blade Chroma 4K UAS does not have a cabin, fuselage, boom or tail, upon which the markings can be displayed.
AFM Land Sales, LLC submits that an equivalent level of safety can be achieved by ma rking the body of the UAS with the serial number and N

- number. The lettering of the N

- number will be as large as possible.
**Section 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command** AFM Land Sales, LLC requests relief from Sect ion 61.113 (a) and (b) to the extent necessary to allow a person who holds a private pilot certificate to operate the UAS for compensation or hire.
AFM Land Sales, LLC submits that because the Blade Chroma 4K will not carry a pilot or passengers; due to the Chroma’s size, weight, speed, and operational capabilities; and since operations will occur in tightly controlled and limited airspace, the proposed operations can achieve the equivalent level of safety of current operations that currently require a co mmercial pilot’s license. Furthermore, since there are no standards for either private or commercial SUAS pilot certificates, knowledge of airspace regulations and dexterity in the control and operation of the SUAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety. It cannot be assumed that a commercial pilot, approved to operate a manned helicopter or fixed wing aircraft, has the skill or ability to safely operate an unmanned aer ial vehicle, operating at 400 feet AGL or lower, within strictly controlled pre

- approved airspace.**Section 61.23 (a) Medical Certificate** 

This regulation requires pilots of manned aircraft to hold a medical certificate. Since risks associated with the operation of the Blade Chroma 4K are so diminished from the level of risk associated with any manned aircraft; the Chroma is of a size, weight , speed, and operational capabilities which makes it much safer than any manned aircraft; since operations will occur in tightly controlled and limited airspace; and considering that all operations will be on private property that is clear of all people, o btaining and maintaining a medical certificate would not improve the safety of the operation. In the very rare case of a mishap, the SUAS being flown will pose significantly less of a threat than manned helicopters and fixed wing aircraft because the SUASs are a fraction of the size, a fraction of the weight, will be flown at a fraction of the speed, carry no flammable fuel, and carry no crew or passengers.

**Ai rw**  **orthiness Certificates** In consideration of the size, weight, speed, and limited operating a rea associated with the UAS and its operation, the Blade Chroma 4K meets the conditions of Section 333 and will not require airworthiness certification in accordance with 14 C.F.R. Part 21, Subpart H, or any associated noise certification and testing requi rements of Part 36.
**Section 91.7(a) Civil aircraft worthiness** AFM Land Sales, LLC requests relief from Section 91.7(a), which states that "no person may operate a civil aircraft unless it is in an airworthy condition", because the Blade Chroma 4K UAS does not require an airworthiness certificate in accordance with 14 C.F.R., Part 21, Subpart H. AFM Land Sales, LLC submits the PIC will ensure the UAS is in condition for safe flight, by determining the UAS is in compliance with the Blade Chroma 4K UAS User M anual and AFM Land Sales, LLC’s flight operations guidelines. The PIC will discontinue the flight if un

- airworthy mechanical conditions occur.
**Section 91.9(b)(2) and (c) Civil aircraft flight manual, markings, and placard requirements** AFM Land Sales, LLC requests relief from Section 91.9(b)(2) because the UAS does not have the room or capacity to store the flight manual onboard the aircraft. AFMLS submits an equivalent level ofsafety can be achieved by keeping the operation manual with the PIC at the grou nd control point,

during operation of the UAS.
AFM Land Sales, LLC requests relief from Section 91.9(c) because the UAS cannot be marked in accordance with Part 45. The UAS does not have a cabin, cockpit, or pilot station upon which the markings can be p laced. Aero

- Data submits an equivalent level of safety can be achieved by marking the UAS with the serial number and the N

- number. The lettering of the N

- number will be as large as possible.
**Section 91.103(b ) (**  **2) Preflight A ction**  AFM Land Sales, LLC requests relief from Section 91.1 03( b) ( 2), which requires the PIC to be familiar with the runway lengths at airports of intended use, and takeoff and landing distance information. The operation of the UAS does not require an airport for takeoff and landi ng. AFMLS submits an equivalent level of safety can be achieved by having the PIC check weather conditions and the takeoff and landing distances from the ground control point before flight.
**Section 91.105 Flight crewmembers at station** AFM Land Sales, LLC requests relief from Section 91.105, which requires crewmembers to be at their proper stations with their safety harnesses fastened while en route and during takeoff and landing, unless the absence is necessary to perform duties necessary for the operation of the aircraft or in connection with physiological needs.
This requirement cannot be met, because the UA does not have flight crewmembers onboard the aircraft. AFMLS submits an equivalent level of safety can be maintained by having the PIC land the UA before attending to any emergent or physiological needs.
**Section 91.109 Flight instruction; simulated**  **instrument flight and certain flight tests** AFM Land Sales, LLC requests relief from Section 91.109, which requires that "no person may operate a civil ai rcraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.This requirement cannot be met because the UAS does not have dual controls. AFMLS submits an

equivalent level of safety can be achieved by ensuring the PIC is proficient in flying the Blade Chroma 4K and that the PIC has at least 25 hours of flying time of the UAS in a manner consistent with how the UAS will be operated under this exemption. The PIC will be familiar with the Blade Chroma 4K User Manual and AFMLS’s Flight Operations Guidelines.
**Section 91.119(b) and (c) Minimum safe altitudes: General** AFM Land Sales, LLC requests relief from Section 91.119(b) and (c), which require the aircraft to be maintained at an altitude of at least 1000 feet over congested areas and 500 feet over sparsely populated areas, and at a distance of at least 500 feet from any person, vessel, vehicle, or structure.
AFMLS will operate the UAS at or below 400 feet AGL. The Blade Chroma is programmed so that it may not exceed 400 ft. AGL. Additionally AFMLS submits an equivalent level of safety can be met because unlike manned aircraft, the UAS operates without combustible fuel and with no people on board, thus reducing the likelihood of de ath or serious bodily injury to persons in the air or on the ground, as well as reducing the risk of damage to vessels, vehicles, and structures. AFMLS will obtain prior consent from the property owner and persons on the ground before operations.

**Section 91.121 A** **ltimeter Settings** AFM Land Sales, LLC requests relief from Section 91.121, because the UAS does not have a typical barometric altimeter onboard.
AFMLS submits that an equivalent level of safety can be met because the altitude of the UAS will be p rovided to the PIC through the UAS's telemetry data link, which downlinks altitude information from the UAS to the Ground Control System for active monitoring of the flight path. This information will be sufficient for the PIC to maintain the UAS at an alt itude below the 400 AGL limitations. In addition, the Chroma is programmed to not exceed the limit of 400 ft AGL also the PIC will only operate the UAS in a visual line of sight.**Section 91.151 Fuel Requirements for flight in VFR conditions**

AFM Land Sale s, LLC requests relief from Section 91.151, which requires that no person begin a flight under VFR conditions unless there is enough fuel to fly to the first intended point of landing and af ter that for 30 minutes.
AFMLS submits that the terminating the flight with 25% of the battery power remaining will provide an equivalent level of safety. Furthermore, the Blade Chroma 4K UAS has a Low Battery Return to Home Feature, in which the operator is prompted to return the aircraft home or land it immediately. T he UAS will land itself automatically if the remaining battery power is only sufficient for the aircraft to descend from its current altitude.
**Section 91.203(a ) (**  **1) Civil A ircraft: Certifications required**  AFM Land Sales, LLC requests relief from Section 9 1.203(a)(1), which states that no person may operate a civil aircraft without a current airworthiness certificate, because the Blade Chroma 4K UAS does not require an airworthiness certificate in accordance with 14 C.F.R., Part 21, Subpart H.

AFMLS submits that the Pilot in Command (PIC) will ensure the UAS is in airworthy condition prior to every flight, by determining the UAS in in compliance with the Blade Chroma 4K UAS User Manual and AFMLS’s Flight Operations Guidelines.
**Sections 91.405(a), 91.407(a )**  **( 1), 91.409(a)(1) & (a)(2) and 91.417(a) & (b)**  AFM Land Sales, LLC request relief from Sections: 91.405(a), 91.407(a ) ( l), 91.409(a)(1) & (a)(2), and 91.417 (a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft wi th an airworthiness certificate.
AFMLS submits that the requested relief is proper since an equivalent level of safety will be ensured. AFMLS will perform maintenance, preventative maintenance and /or alterations on the UAS using the methods specified in the manufacturer's manual. After any maintenance or alterations, AFMLS will perform a functional test flight before conducting further operations. AFMLS will comply with all of the manufacturer's safety bulletins.**Public Interest**

AFMLS Feel the granting of the above exemptions will serve in the public interest because

1. The Congress of the United States has determined that early accommodation of sUAS into the National Airspace System advances the public interest. The Committee Report leading the House to adopted H.R. 658 said: "The successful integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS) can support more than 23,000 high

- paying jobs in the United States. . . . The absence of a plan to integrate UASs into the NAS is a barrier to such job creation . . . ." Granting the Petition represents a step toward such integration, in the absence of a comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

2. The Public W ill Ben efit by Decreasing Congestion of the NAS. AFMLS’s use of the UAS would decrease the congestion of the NAS by reducing the number of manned aircraft needed to obtain aerial imagery. Because the UAS does not require an airport for takeoff and landing, its
us e would lessen the burden on air traffic control.

3. The Public W ill Benefit from an Increase in Safety. Unlike manned aircraft, the UAS operates without combustible fuel and with no people on board. AFMLS’s use of the UAS for aerial imagery collection will diminish the likelihood of death or serious bodily injury to persons in the air on the ground, as well as reduce the risk of damage to structures.

4. There Are No Privacy Issues. AFMLS’s operation of the UAS will not implicate any privacy issues, because the flights will only occur over rural private property and or controlled

- access property, with the landowner's prior consent and knowledge.

**Conclusion** AFM Land Sales, LLC seeks an exemption pursuant to 14 C.F.R. §11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, to permit safe operation of the Blade Chroma 4K UAScommercially, without an airworthiness certificate, for the special purpose of conducting aerial data

imaging operations. By granting this petition, the FA A Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of certain UAS within the NAS, while also advancing the interests of the public.
Sincerely,

Mark Skillman