1

 Timberland Media, Inc.

May 28, 2015  

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE  

Washington, DC 20590  

Re: Exemption Request; Section 333 of the FAA Modernization & Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam:

Petitioner hereby petitions the Secretary of Transportation and Federal Aviation Administration ("FAA")

for exemption to the above referenced and below more fully described Federal Aviation Regulations,

("FARs") that currently may or may not apply to the recreational/business operations of model aircraft

including small unmanned aerial vehicles/systems ("SUAS").  We agree to operate within the boundaries

set forth by this exemption and conditions set by the FAA for commercial use.

Timberland Media is a forestry consulting company located in Oregon that intends to use SUAVs to

gather images/video for forestry uses such as of timberland appraisal, precision forestry, geo‐reference

mapping and property inspections.  We are committed to safe and responsible SUAS flight operations.

Resource Programming Inc. (d.b.a. Timberland Media) has been valuing timberland for over 35 years.  A

large part of the valuation process necessitates the use of maps, orthophotos, and digital photos to

display property attributes such as volume per acre stocking, stream buffers, slope and aspect changes,

tree vigor and others.  For decades, large public and private timberland owners have used manned – fix

winged aircraft or helicopters in order to gather data for the abovementioned reasons.  Currently, it is

only the large timberland owners who are able to finance such projects, as smaller organizations lack

scale and resources for such high expense projects.   Aerial photographs / cinematography obtained by

an SUAS provide a cheaper and safer alternative to current methods, such as helicopters and other

fixed‐winged aircrafts.   Furthermore, the SUAS provides smaller organizations with the same toolsets

available to others.  The use of SUAS in forestry as a tool can greatly improve the safety standards of the

National Airspace System and benefit the public.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14

C.F.R. Part 11, Timberland Media Inc. (Petitioner), an Oregon forestry consulting company, hereby

request an exemption to operate Small Unmanned Aircraft System (SUAS) to conduct aerial

photography and surveying for various forestry uses from the Federal Aviation Regulations (FARs) listed

below to allow operation of our SUAS commercially in airspace regulated by the Federal Aviation

Administration (FAA) so long as such operations are conducted with and under the conditions outlined

herein or as may be established by the FAA as required by Section 333 and the exemption requirements.  

The requested exemption is similar to previous FAA issued grants of exemption including but not limited

to Exemptions:

11062, Astraeus Aerial
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 Timberland Media, Inc.

11109, Clayco, Inc.

11112, VDOS Global, LLC

11213, Aeryon Labs

11295, RoboFlight Systems LLC

The requested exemption would permit Timberland Media Inc. to pursue its commercial interests in

providing services to clients interested in aerial photography/video, data capture and research using a

SUAS in the following areas:  

 Forest and Agricultural Surveying and Mapping

 Timberland Appraisal and Inspection

 Aerial filmmaking and photography

 Event photography and videography

 Product Demonstrations

 UAS Training and Safety Operations

 Research and Development

The Petitioner SUAS flights that will occur over private or controlled access property will do so with the

property owner's prior consent and knowledge. Only people who have consented or otherwise have

agreed to be in the area where photography and videography will take place will be captured in any

photos or videos.

Additionally, the Petitioner’s pilots will hold an airline transport, commercial, private, recreational, or

sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. driver’s

license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal

government. If an observer is not a qualified pilot, they will be trained by the Petitioner’s pilots to

understand the proper roles of an observer, communication procedures, proper visual scan techniques,

operations at non‐towered airports, and appropriate sections of the Aeronautical Information Manual.  

We are petitioning for exemption to enable the Petitioner to operate a series of SUAS platforms that

have been previously approved by exemption.

 DJI Phantom 2 ‐ Exemption 11398  

 DJI Inspire ‐ Exemption 11398  

 DJI S1000 ‐ Exemption 11416  

 DJI S900 ‐ Exemption 11401  

 3DRobotics IRIS+ ‐ Exemption 11419  

These SUAS all weigh less than 55 lbs., have a built‐in capability to limit the height flown above the

ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and

D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot

system, which means when the communication between the Main Controller and the transmitter is lost,

the system will automatically trigger a Return to Home and will land safely.  

This submission does not include the Operating Manuals for each model requested above, as they have

been reviewed by the Administrator in granting previous exemptions. Copies of all Operating Manuals

for the individual models listed will be submitted on request.
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 Timberland Media, Inc.

The above specifications meet standards listed below:  

 Petitioner will only operate its SUAS in line of sight of a pilot and/or observer and will operate at

sites that are a 'sufficient distance' from populated areas within the sterile area described in the

operator’s manual. Such operations will insure that the SUAS will "not create a hazard to users

of the national airspace system or the public."  

 Petitioner will not operate SUAS within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD), unless a letter of agreement with

that airport’s management is obtained or otherwise permitted by a COA issued to Petitioner.  

 Maximum flight time for each operational flight will be 60 minutes.  

 Flights will be terminated at 20% battery power reserve should that occur prior to the 60 minute

limit.  

 The SUAS will be programmed so that it will not be operated at an altitude of more than 400

feet AGL.  

 Minimum crew for each operation will consist of the SUAS Pilot (PIC) and the Visual Observer.  

 The SUAS PIC's (Pilot in Command) will be an airline transport, commercial, private, recreational,

or sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S.

driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession,

or the Federal government.  

 The SUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e.

camera, lens, and gimbal).  

 The SUAS will operate at speeds of no more than 55 knots.  

 Given the small size of the SUAS and the restricted sterile environment within which they will

operate, our SUAS operations adhere to the Reform Act's safety requirements.  

Under the requested exemption, Petitioner will ensure that all operators have completed a small

unmanned aircraft systems (SUAS) education and training program including all applicable regulations

and guidance documents.  

We respectfully request exemption under Section 333 to enable the Petitioner to operate safe, low‐risk

commercial SUAS operations for the activities stated. The Petitioner at all times will respect the space

and privacy of citizens and property while operating in the National Airspace System.  

Name and Address of the Petitioner

The name and address of the Petitioner and point of contact is:

Richard N. LaMont

Resource Programming Inc.

d.b.a. Timberland Media Inc.

5855 NW Vineyard Drive

Corvallis, OR 97330

541‐745‐7131

rlamont@timberlandappraisal.com
4

 Timberland Media, Inc.

The Petitioner Requests Relief From the following regulations:  

Regulations from which the exemption is requested:

              

14 C.F.R. Part 21, Subpart H, Airworthiness Certificates

14 C.F.R. 45.23 (b). Marking of the Aircraft

14 C.F.R. 61.113 (a) & (b): Private Pilot Privileges and Limitations: Operator.

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

14 C.F.R. 91.103: Pre‐flight action

14 C.F.R. 91.109: Flight instruction:

14 C.F.R. 91.119: Minimum safe altitudes: General

14 C.F.R. 91.121 Altimeter Settings

14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

200‐foot “blanket” COA

Exemption Requests and Equivalent Level of Safety  

Petitioner requests an exemption from the following regulations as well as any additional regulations

that may technically apply to the operation of the SUAS System:  

14 CFR Part 21, Airworthiness Certificates

The FAA procedures for the issuance of an airworthiness certificate. While the FAA continues to work to

develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate

be issued for our listed SUAS under either or both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for issuance

of type and supplemental type certificates, flights to substantiate major design changes, and

flights to show compliance with the function and reliability requirements of the regulations.

If an experimental airworthiness certificate is not appropriate for this application, then we request an

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate.
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 Timberland Media, Inc.

14 C.F.R. 45.23 (b). Marking of the Aircraft

The regulation requires; 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.

Even though the SUASs will have no airworthiness certificate, an exemption may be needed as the

SUASs will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can

be placed. Given the size of the SUASs, two‐inch lettering will be impossible. The word "Experimental"

will be placed on the fuselage in compliance with C.F.R. 45.29 (f). The equivalent level of safety will be

provided by having the SUASs marked on its fuselage as required by C.F.R. 45.29 (f) where the pilot,

observer and others working with the SUASs will see the identification of the SUASs as "Experimental."

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167

and 10167 A.

14 C.F.R. 61.113 (a) & (b): Private Pilot Privileges and Limitations: Operator.

Sections 61.113 (a) & (b) limit private pilots to non‐commercial operations. Because the SUASs is

unmanned and will not carry a pilot or passengers, the proposed operations can achieve the equivalent

level of safety of current operations by requiring the Operator operating the aircraft to have a FAA

recreational, or sport pilot certificate.    Unlike a conventional aircraft that carries the pilot and

passengers, the SUASs is remotely controlled with no living thing on board. The area of operation is

controlled and restricted, and all flights are planned and coordinated in advance. The level of safety

provided by the requirements included herein exceed that provided by a single individual holding a

commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation

of the SUASs are so diminished from the level of risk associated with commercial operations

contemplated by Part 61 when drafted, that allowing operations of the SUASs as requested with a

private pilot as the Operator exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).  

Our proposed operations require that the PIC must hold at least airline transport, commercial, private,

recreational, or sport pilot certificate. Since the aircraft cannot carry passengers or property, we feel we

meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a

business.  

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the

requirements contained herein for the use of safety check lists prior to each flight, an equivalent level of

safety will be provided.

14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: This regulation provides that no person may operate an aircraft unless a

current, approved flight manual is in the aircraft.    The SUASs, given its size and configuration has no

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board,
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 Timberland Media, Inc.

but because there is no room or capacity to carry such an item on the aircraft.  The equivalent level of

safety will be maintained by keeping the SUASs operation manual and appropriate checklists at the

ground control point where the pilot flying the SUASs will have immediate access to it. The FAA has

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A,

9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Pre‐flight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption

will be needed. An equivalent level of safety will be provided as set forth hereinabove. The Operator will

take all actions including reviewing weather, flight battery requirements, landing and takeoff distances

and aircraft performance data before initiation of flight using appropriate checklists.

14 C.F.R. 91.109: Flight instruction:

Section 91.103 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 functioning dual controls.   SUASs and

remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is

accomplished through the use of a radio transmitter that communicates with the aircraft via a receiver

in the SUASs. The FAA has approved exemptions for flight training without fully functional dual controls

for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 5778K &

9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be

carried in the aircraft and by the size and speed of the aircraft.  If a SUAS pilot is being trained, the pilot

performing the training would be directly supervising and could take over the controls from the pilot in

training if the need arose.  

14 C.F.R. 91.119: Minimum safe altitudes: General

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the typical mission of the SUAS would be

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer

than 500 feet to the items listed. Operations will only be flown over property or persons where

permission has been obtained and careful pre‐planned has been performed. The aircraft will be

operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to

persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be

considered in granting the exemption. In addition, the low‐altitude operations of the SUASs will ensure

separation between these SUASs operations and the operations of conventional aircraft that must

comply with Section 91.119.
7

 Timberland Media, Inc.

14 C.F.R. 91.121 Altimeter Settings

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 NM of the aircraft. The SUAS will always fly below 400 feet AGL and will not need to

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level

altimeter measurement above the takeoff point is transmitted via radio from the SUAS on‐board

computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day‐VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30

minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for

delays to landing.  Since the aircraft will never fly more than 3/4 NM from the point of intended landing,

a full battery charge at launch will ensure that we meet the reserve energy requirement of this

paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with

the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be

to fly the mission to the point of intended landing and have at least a 20% battery reserve after that.   

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673,

and 10808.

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The SUASs fully loaded weighs no more than 55 lbs. and typically less than 20 lbs. And is operated

without an onboard pilot. As such, there is no ability or place to carry certification and registration

documents or to display them on the SUASs.  An equivalent level of safety will be achieved by keeping

these documents at the ground control point where the operator/pilot flying the SUASs will have

immediate access to them, to the extent they are applicable to the SUASs. The FAA has issued numerous

exemptions to this regulation. A representative sample of other exceptions includes Exemption 9565,

9665, 9789, 9789A, 9797, 9797 A, 9816A, and 10700.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as

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

paragraph of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and

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

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, and the

requirements of pre‐flight inspection required herein, these sections will not apply to the applicant.

Routine and pre‐flight maintenance will be accomplished by the operator. An equivalent level of safety

will be achieved because these SUASs are very limited in size and will carry a very small payload and

operate only in restricted areas for limited periods of time. If mechanical issues arise the SUASs can land

immediately and given its small size poses very little risk to persona or property. The operator will

ensure that the SUASs is in working order prior to initiating flight, perform required maintenance, and

keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level

of safety.  The PIC will document work performed in accordance with 91.417. We feel that due to the

size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.  
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 Timberland Media, Inc.

200‐foot “blanket” COA  

The Petitioner request an exemption from the current “blanket” 200‐foot COA which allows flights

anywhere in the country except restricted airspace, for flight up to 400 foot GL in elevation on

forestlands only.  One of the main uses of the SUAS would be to take video and photography of Pacific

Northwest timberlands where the trees are likely to be 100‐150 feet tall and the terrain is mountainous.  

The 200 foot limit would reduce the safety margin for operating the SUAS in areas of large timber.  

Because of these factors; tall trees and steep terrain, we would prefer to operate within the 400 foot GL

restriction on forestlands, we would operate in the 200 foot “blanket” or apply for a specific COA for all

other uses.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent

and knowledge. SUAS flights will be in areas where the owners will have consented to the use or

otherwise have agreed to allow the SUAS and the Petitioner to be in the area where SUAS use will take

place.

Conclusions

Our use of an SUAS for timberland aerial imaging will benefit the public by better information,

communication and research on forestlands.  Large timberland tracts can be tens of thousands of acres,

which makes gathering imagery of the land challenging.    Using the SUAS will allow us to obtain

landscape level perspective on land that would otherwise be difficult to survey.   

The SUAS can aid in obtaining measurements of forest lands which will assist in improved management

and stewardship of these resources.   Most often, large forestland tracts are in remote or very steep

areas, which are only accessible via hiking.  The amount of area a SUAS may cover in a short amount of

time far outreaches the area that could be covered on foot.  Furthermore, the SUAS provides a better

perspective in terms of the total landscape, which aids in the overall understanding of each section.   

The operation of SUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will

provide an equivalent level of safety supporting the grant of the exemptions requested herein. These

lightweight aircraft operate at slow speeds, close to the ground, and in sparsely‐populated forestlands.

As a result, they are far safer than conventional operations conducted with manned aircraft operating in

close proximity to the ground and people.

Sincerely,

Richard N. LaMont

President  

Timberland Media Inc.

5855 NW Vineyard Drive

Corvallis, OR 97330

541‐745‐7131

www.TimberlandMedia.com