Richard Bowie T: 

### +1207 866 2109 cencom@juno.com

Nov 15,2014
U.S. Department ofTransportation DocketManagement System 1200Ne;w JerseyAve., SE Washington, DC 20590

Re: Exemption Request Section 333 ofthe FAAReformAct and Part 11 ofthe FederalAviation Regulations from 14 C.F.R. 45.23(b); 14 CFRPart21; 14 CFR61.113 (a) 

### & (b); 91.7 (a); 91.9(b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

Dear Sir orMadam:
Pursuantto Section 333 oftheFAAModernization andReform Actof2012 (the Reform Act) and 14 C.F.R. Part 11, DownEastEmergencyMedicine Institute (DEEMI), developerand operator ofsmall Unmanned Aircraft Systems ("sUAS") equippedto conductaerial Search and Rescue Operations inthe US gethigher success rates on (SAR) on operations andtohelp prevent contamination oflands ifthere was a manned aircraft accident, hereby applies for an exemptionfrom the listed Federal Aviation Regulations ("FARs")to allow commercial operationfits sUASs, so long as such operations are conductedwithin and underthe conditions outlinedherein oras maybe establishedbytheFAA as required by Section 333.
As described more fully below, therequested exemptionwouldpermitthe operation ofsmall Unmanned and relatively inexpensive sUAS under controlledconditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancementsto the already safe operations inthe SARpresentlyusing conventional aircraft. Approval ofthis exemptionwould thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "

...establishrequirements forthe safe operation ofsuch aircraft systems in the national airspace system."
The name and address ofthe applicant is:
DownEastEmergencyMedicine Institute (DEEMI) Attn: Richard Bowie Ph: 207-866-2109 Email: cencom@juno.com Address: PO Box268 Orono, Maine 04473

1**~).** .--i .-"-,**'-~~** :t.(The conditionsproposed

### by the applicant are drawnfrom order

### 8900.1 CHG0 Regulations from whichthe exemption is required 14 CFRPart21 14 C.P.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (2) 14 CPR417 (a) & (b) This exemption application is expressly submittedto fulfill Congress' goal in passing Section 333(a)through (c) ofthe Reform Act. This law directs the Secretary ofTransportationto consider whether certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In makingthis determination, the Secretary is required to determine whichtypes ofUASsdo not create ahazardto users ofthe NAS orthe public orpose athreatto national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation oftheUAS within visual line ofsight oftheoperator. Reform Act Section 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary Shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." ID Section 333(c) (emphasis added) The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under section 40I01 ofthe Act, that includes sUASs, from the requirement that civil aircraft must have a currentairworthiness certificate.
Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do notfulfill the statutoryrequirements for approval.



### 2

## The Administrator may grant an exemption from a requirement of a regulation prescribedunder subsection (a) or (b) ofthis section or any sections 44702-44716 ofthistitle ifthe Administratorfind the exemptioninthe public interest. 49 U.S.C. Section44701(f) see 

### also 49 USC Section44711(a); 49 USC Section44704; 14 CFR Section91.203 (a) (1).



### Down East Emergency Medicine Institute (DEEMI), sUASs fixed wing and rotorcraft, weighing 55 or fewer or lbs. including payload. They operate, tmder normal conditions at a speed ofno more than 70 knots and inthe case ofourmultirotors have a capabilityto hover, and move in the vertical and horizontal plane simultaneously. They will operate in a line of sight and will operate only within the sterile area made up offarm land, power utility grid andtowers. Giventhe small size ofthe sUASs involved and restricted sterile environment within whichthey will operate, the applicant falls squarely withinthat zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUASsto commence immediately. Alsodueto the size ofthe UASs and the restricted areas inwhichthe relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions and chemical spills, exemptions associated with allowing UASs for agricultural operations, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfullyrequests that the FAA granttherequested exemptionwithoutdelay. AIRCRAFTAND EQUIVELANTLEVEL OF SAFETY The applicantproposes thatthe exemptionrequested herein apply to aircraftthathave the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe agricultural services and crops dusted currently being used with conventional aircraft.

31. The sUASs will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofapilot and/or observing. 3. Maximum total flight time for each operational flight will be 120 minutes for multirotor application and 90 minutes for fixed wing operation. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit for fixed wing operations. 4. Flights will be operated at an altitude ofno more than 1,000 feet AGL. 5. Minimum crew for each operationwill consistofthe sUAS Pilot, andVisual Observer. 6. sUAS Pilot will be an certified by the aircraft manufacture for operations and have at least a private pilot written exam, No Medical required. Most pilots will have military UAS training the observer will hold at least manufactures ground school certificate. No medical required. 7. sUAS Pilot will be pilot in command (PIC). Ifa pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the aerial coordinator), thatperson can also be designated as PIC 8. The UAS will only operate within a confined "sterile area" and have a "Security Perimeter"for the flight operations area. 9. 

### A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. Itwill be mandatorythat all personal who willbe performing duties within boundaries ofthe safetyperimeterbe presentfor this briefing. 10. The operator will file a FAA Form 77ll-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate Flight Standards District Office. 11. The operator will obtain the consent ofall persons involved in the flying area and ensure that only consenting persons be allowed within 100 feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety and determination. With the advanced permission ofthe FSDO, operations at closerrange can be approved. 12. The operatorwill notify aPlan ofActivities to the FSDO 30 minutes beforethe proposed flights. 13. Pilot and observer will have beentrained in the operation ofUAS generally and received up-to-date information on the particularUAS. Observer and Pilot will at all times be able to communicate by voice ortext. 14. SAR operations will be launched from and/or oral permission from the relevant property holders will be obtained. 15. If the sUAS losses communications or it losses its GPS signal, the UAS will have capabilitytoreturn to apre-determined location withinthe SecurityPerimeterand land. 16. The sUAS will have capability to abort flight in case of unpredictable obstacles or emergencies.



### 414 C.F.R.Part21, SubpartH: Airworthiness certificates 14 C.F.R. Section 91.203 (a) (1) SubpartH, entitled Airworthiness Certificates, establishes the proceduralrequirements for the issuance ofairworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraftto be utilized bythe Applicant, an exemptionfrom Part 21 SubpartH meets the requirements ofan equivalent level ofsafetyunderPart 11 and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, proximity to airports and populated areas ofthe particularUAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in a restricted environment and under the conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withouttheretractions and conditions proposed.
The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set out in manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the requirements, and in compliance to local public safetyrequirements, to provide security ofthe area of operation as is now done with conventional flag man. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to agricultural aerial applicators , provide a greater degree of safety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.
14 C.F.R. Section 45.23 (b). Marking ofthe aircraft The regulation requires:
When marks include only the Roman capital letter "N" and the registration ofthe number is displayed on limited, restricted or in a light-sport category aircraft or experimental or provisionally certified aircraft, the operator must also display on the 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 spot," "experimental," or "provisional," as applicable.
Eventhough the UAS will have no airworthiness certificate, and exemption maybeneeded as the UAS will have no entranceto the cabin, cockpit orpilot station on which the word "experimental" can be placed. Given the size ofthe sUAV, the two inch lettering will be impossible. The word 

### "experimental" will beplaced onthe fuselage in compliancewith §45.29 (f).

The equivalent level ofsafety will be provided by having the sUAV marked on it fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe sUAV as "Experimental." The FAA has issued the following exemptions to this regulationto exemptionsto this regulation to ExemptionsNos. 10700, 8738, 10167A.



### 514 C.F.R. § 61.113 (a) & (b): Private pilotsPrivileges and Limitations: Pilotin Command. Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety of current operations by requiring the PIC operatingthe aircraftto have a sport pilot's Certificate rather than have than a commercial pilots Certificate to operate this small UAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth by in the S.O.P. The level ofsafety providedbythe requirements included in the S.O.P exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with the operation of a commercial operations contemplated with Part 61 when drafted, that allowing operations ofthe sUAS as requested with a recreational pilot as the PIC exceedsthe present level ofsafety achieved by 14 C.P.R. §61,113 (a) & (b).
14 C.F.R. §91.7 (a): Civil Aircraft Airworthiness. Theregulation requires thatno person may operate a civil aircraft unless it is in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, should this shouldthis exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the SOP for maintenance and use ofsafety checklists priorto each flight, and equivalentlevel ofsafetywill be provided.
14 C.F.R. § 91.9 (b) (2): CivilAircraftFlightManual in theAircraft Section 91.9 (b) (2) provides:
Noperson may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placard, or any combinationthereof.
The sUAS, 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 onboard, but because there is no room or capacityto carry such an item onthe aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

### 9565B, 10167, 10602, 32827, and 10700.

614 C.F.R. § 91.103: Preflightaction
This regulation requires each pilot in command to take certain actions before flight to insure the safety ofthe flight. As the FAA approved rotor craft flight manuals will not be provided as set forth in sections the SOP. The PIC will take all actions including reviewing weather, flight battery requirements, landing andtakeoffdistances and aircraft performance databefore initiation offlight.
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 thataircrafthas fully functioning dual controls. sUASs and remotely controlled aircraft, by there design do not have fully functioning dual controls. Flight control is accomplished though the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemptionNos.5778K & 9862A. The equivalent level ofsafety providedby that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.
14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operations ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed providedthe person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As exemption is for the sUAS that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL rotorcraft and 1000 AGL for fixed-wing, or not more than 200 above an elevated platform such as radio towers, an exemption may be neededto allow such operations. As set forth by herein, except for the limited conditions stated inthe SOP, theUAS will never operatehigher than 400 AGL rotorcraft and 1000 AGL for fixed-wing. Itwill however be operated in a restricted area with a security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware ofthe planned flight operations as setforth in the SOP. Comparedto flight operationswith aircraft orrotorcraft weighing more far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk ofassociatedwith these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these small UAS operations and the operations ofconventional aircraftthatmust comply with Section 91.119.
14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuantto the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight.



### 714 C.F.R. §91.151(a): Fuel Requirements for Flightin VFRConditions Section 91.151 (a) prohibits and individual from beginning "aflight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The battery powering the sUAS provides approximately 40 minutes ofpowered flight. To 

### meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight ornightVFRconditions is reasonable. Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisk that Section 91.15l(a) was intended to alleviate given the size speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatlyreduce the utility for whichthe exemptionwill be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequatetoreturn the sUAS to its planned landing zone from anywhere in its limited operating area. 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 CivilAircraft Certification and Registration Theregulation provides in pertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within itthe following:

(1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or displaythem on the sUAS.
An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extentthey are applicable to the sUAS. The FAA has issued numerous exemptions to this



### 8regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665,9789,9789A,9797,9816A, 10700. 

### 14 C.F.R. §91.405 (a); 

### 407 (a) 

### (2); 417 (a) & 

### (b)
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 (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis 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, these sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL rotorcraft and 1000 AGL for fixedwing. As provided in the SOP, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance preformed. 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.
Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthatpublication is needed: Applicant seeks an exemption from the following rules: 14 C.P.R. §21, subpart H; 14 C.F.R45.23 (b); 14 C.P.R.§§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3dMapping Service Operations. Approval of exemptions allowing commercial operations of sUASs in the Agricultural 3d mapping/scanning and tower inspection industry will enhance safety by reducing risk. Conventional operations usingjet or piston aircraft, operate at extremely low altitudes just feet from the equipment and livestock and structures; and present the risks associated with vehicles that weigh in the neighborhood of 3,000-5,000 lbs., carrying large amounts of jetA or otherfuel in most cases helicopters operating with 140 gallon fuel tanks. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operations of small UASs, weighing less then 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant of the Part 21 and allowing commercial operations. These lightweight UAV s operate at slow speeds, close to the ground and in sterile environment and, as a result, are far safer than conventional operations conducted with a piston and orturbine aircraft operating close to the ground. Public Acknowledgement/Privacy



### 9Aircraftthat are goingto be covered are seen in AppendixA AppendixA. VK- FF-X4Mulitirotor

VK- Ranger EX- SARFixed Wing



### 10

### VK- SkylarkRadio ControlFlightSystem

11

# !-

SARAutonomous Ground Station and AC Tracking System

Satisfaction ofthe criteriaprovided in Section 333 oftheReform Act of2012:._size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line ofsight provides more then adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS in the agricultural scanning services industry. 

# SincA

Richard Bowie 

### DownEastEmergencyMedicineInstitute (DEEMI)

CC: BoardMembers DEEMI



### 12