February 5th, 2013

To : Unmanned Aircraft Systems

Integration Office, AJV -115

490 L'Enfant Plaza SW, Suite 3200

Washington, DC 20024

Petitioner

RPFlightSystems, Inc.

Eugene Robinson

P.O. Box 470

Wimberley, TX 78676

Tel : (512) 665-9990

Email : texhills@verizon.net

RPFlightSystems, Inc. formally submits this Petition for Exemption from FAR Title 14 

CFR Part 21.191 & Part 91.319

Extent and reason for seeking relief'

RPFlightSystems, Inc. formally requests exemption from the above stated FARs for 

a period of 24 months or until the Unmanned Aircraft Program Office (UAPO)

officially amends the regulation of prohibiting manually remote-controlled miniature 

aircraft from performing photo and video "line of sight" operations; whichever comes 

first. The reason RPFlightSystems, Inc. requests this relief is because Petitioner’s

legitimate non-profit 501(c)3 charity (RPSearch Services) is now effectively 

prohibited from performing important first responder and search and rescue (SAR)

services, and support for law enforcement, while many other individuals with remotecontrol fixed wing and multicopters equipped for aerial photo and video missions are 

free to perform random flight operations both public and commercial at will and 

without regard to the FARs. The numerous companies performing these commercial 

services are doing so in plain sight and making substantial income while violating the 

FARs stated, from which I am legitimately seeking an exemption.

As an FAA certified pilot with a college education in aviation, my approach to air 

safety is a number one priority. I have been safely flying search and rescue/recovery 

(SAR) missions in the NAS since March 2004. During this time we have flown 

missions in 29 states and four countries and have never had an incident/accident 

caused by the unmanned aircraft or its’ use. More importantly, we have been 

credited with, and have documented proof, of the recovery of ten (10) victims as 

young as 2-1/2 years of age. These victims might not have been recovered without 

the use of an unmanned aircraft and our ability to fly them in rugged, remote, 

inaccessible areas. 

Since February 13, 2007 when the FAA policy interpretation grounded all unmanned 

aircraft, we have been contacted continuously for unmanned aircraft operations by 
both local and Federal agencies. Many had to be refused because of the inability to 

acquire a Certificate of Authorization (COA) in a timely fashion. It should be noted 

that RPFlightSystems, Inc. authored one of the first FAA granted civilian requests for 

a COA for Hays County, Texas Emergency Management Office in 2008. This 

application was noted by UA office management for its thoroughness and 

comprehensive safety procedures. RPFlightSystems, Inc. personnel were also the 

co-founders of the Remote Control Aerial Photography Association (RCAPA) who 

worked with the UA office personnel to establish self certification, standard practices,

and proposed online tracking of UA operations. RCAPA also had a member on the 

first FAA Agency Regulatory Committee (ARC) that helped identify UA operations 

standard practices and guidelines. 

How the request would benefit the public as a whole 

It should be obvious that in SAR operations, time is of the essence. The 

cumbersome nature of requesting and obtaining emergency authorization has 

delayed potentially life saving missions utilizing small UA. The UA’s small footprint

and ease of use over manned counterparts has been proven effective time and time 

again. Many times, FAA personnel are placed in a position of having to determine 

whether flight operations can take place if they meet the guidelines of existing FARs 

which in many cases do not because the FARs are intended for manned operations 

and fail the application process without further consideration. This single factor has 

directly affected RPFlightSystems’ use of this technology in the past and has 

potentially caused loss of life and property.

Intrinsic to the small unmanned aircraft use is its multi-use capabilities. An 

RPFlightSystems UA can fly in times of disaster i.e., hurricane wind, chemical spills, 

floods, etc., safely entering dangerous areas without placing a full-scale pilot at risk. 

Wind speed and brown cloud contaminants can be measured and a visual 

perspective would be available to disaster management teams. 

The cost factor is reduced when an RPFlightSystems UA is brought in to perform 

aerial searches that last days. Typically, law enforcement helicopters are limited by 

the flight hours allotted an agency (cost, shared use, etc.). The UA provides real 

information and possible targets to law enforcement that can then be flown by a full 

scale helicopter. It has been proven numerous times, that a UA’s digital photos 

provide a more detailed method of scanning an area than a full scale craft. A person 

in a full scale fixed wing or helicopter just cannot see the ground with such detail and 

victims are missed.

In light of recent privacy issues raised, a Pew poll was conducted and the American 

public was asked what acceptable uses of UA might be. Eighty percent (80%) of 

responders approved of small unmanned aircraft use for search and recovery/rescue 

(SAR) activities. Sixty seven percent (67%) approved UA use for tracking and 

apprehending criminals. It should be noted that RPFlightSystems, Inc. has 

participated in these activities and there have never been any privacy violations or 

legal actions from data collected by unmanned aircraft in their nearly 10 years of 

flying small unmanned aircraft.
As director of flight operations, I, founder of RPFlightSystems, have forty (40) years 

of aviation and computer experience to bring to bear on this endeavor. This unique 

combination of experience places me in a position to educate others with less 

experience about the safe operation of remotely piloted UAS. We have discovered 

through use what equipment has the highest reliability rate – what works and what 

does not in the field. This experience can only be obtained by conservative, 

responsible use and operation, and remote testing of hardware in real world 

conditions.

The formation of the RPSearch Services, a 501(c)3 non-profit charitable organization 

was a means for RPFlightSystems to provide UA search technology to agencies at 

no charge to them or the families that required the assistance. This venue also 

allowed RPFlightSystems personnel to provide a beneficial, positive use of 

unmanned aircraft rather than current media picture of “killer drones” roaming the 

skies. This service has been utilized by other non-profit search organizations such 

as Texas Equusearch, Laura Recovery Center and Center for Community Service.

Reasons why the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to the existing rule

Granting this Petition for an exemption would significantly increase public safety for 

several reasons, not the least of which is the assemblage of proper procedures for 

operations under SAR conditions and under National Incident Management System

(NIMS) protocols. The inclusion of sUAS under NIMS protocols is required, and will 

be necessary for any agency that uses that system and wishes to operate sUAS 

during an incident. As of last survey, almost ninety two percent (92%) of agencies 

polled use NIMS protocols or some portion of them.

Secondarily, most operations are conducted in largely rural or rugged areas, at or 

below 400’ altitude above ground, at least 3 miles from an airport, within Class G 

airspace, and within visual line of sight of the operators. This is the same guidance 

(Advisory Circular 91-57) that tens of thousands of recreational R/C aircraft across 

the nation have operated under for years. The inclusion of additional safety 

mitigation procedures as written and available from RPFlightSystems, Inc. increases

that margin of safety because they have been developed under real world conditions 

and not by theory or “probable” operating conditions.

This Petitioner also provides another level of safety by restricting aircraft to a 

maximum weight of 25 pounds, which is half the weight as defined for “small” 

unmanned aircraft. Most SAR operations are completed using the Spectra flying 

wing which has an all up weight of six (6) pounds further increasing safety of 

operations where personnel on the ground might be affected.

Small unmanned guidance and control systems are becoming more and more 

sophisticated and safe as they become smaller. Our typical guidance systems 

contain multiple redundant safety features that keep the aircraft from straying outside 

a preset range from the operator, fuel utilization to ensure duration for a return to 

base route, general health of the aircraft, and a “return to launch” feature if 
communication is lost. These features are in addition to a vigilant flight team 

monitoring the aircraft visually. In addition, manual control is utilized for the most 

critical parts of the flight – launch and landing – to keep a human actively “in the 

loop” during these transition phases. Flights are conducted during daytime Visual 

Meteorological Conditions (VFR).

Furthermore, when the FAA grants this petition, only personnel that have received 

adequate training in the aircraft system, understand airspace utilization, and aircraft 

separation will be in eligible for crew status. Because of my extensive participation 

in procedural UA integration, I have a comprehensive understanding of the National 

Airspace System and the ramifications of UA operations therein. 

A summary we can publish in the Federal Register stating:

 The rule from which you seek the exemption

 A brief description of the exemption you seek

RPFlightSystems, Inc. formally requests exemption from the above stated FAR Title 

14 CFR Part 21.191 & Part 91.319 for a period of 24 months or until the Unmanned 

Aircraft Program Office officially adopts regulations allowing the use of manually 

remote-controlled miniature aircraft from performing photo and video "line of sight" 

operations; whichever comes first. Only adequately trained personnel with practical 

system training and understanding of the National Airspace are seeking exemption 

from the aforementioned FARs.

Any additional information, views, or arguments available to support your 

request

It is in memory of individuals like Devon Davis, Caley Anthony, Lauren Spierer, 

Chelsea King, Renee Fox and other victims that we pray this Petition be granted. 

Families of missing individuals are eager for any and all assistance when their loved 

one goes missing. Allowing use of unmanned aircraft technology could benefit many 

more families when utilized in a common sense, safe approach. Instead, Petitioner 

has been prevented from helping families – and the public in general - in need 

because of the application of manned FARs to an unmanned aircraft that do not 

apply and cannot apply to sUAS.

RPFlightSystems, Inc. offers support to those agencies that do not have the budget 

or cannot afford the use of full scale aircraft in the performance of serving the public 

that seeks their assistance. The cost effectiveness of small unmanned aircraft has 

been realized on a 15 to 1 ratio over that of manned assets for the dirty, dull, and 

dangerous work that is sometimes required. It has been proven through thousands 

of incidents, supported with small unmanned aircraft, that the safety and utilization of 

ground teams is optimized. Saving valuable resources and protecting those on the 

ground conducting dangerous work.

Our approach has been civilian centric from the very inception of the flying wing 

concept for search and recovery. RPFlightSystems developed a plan and continues 
to develop plans for civilian unmanned aircraft use – with no intent to emulate the 

military/DoD theater of operations. Our procedures have been developed with the 

known quantity of introducing this technology to a wide spectrum of needs and 

experience.

A brief vitae of the RPFlightSystem SAR team is as follows: 

Gene Robinson founded RPFlightSystems, Inc. in March of 2004 and performed 

the research and development required to produce the flying wing as a stable 

payload platform. Gene’s formal education is in aviation science and is a full 

scale pilot. Utilizing his professional background as a computer 

programmer/analyst, the marriage of software image analysis and the use of 

computers for enhancing images was utilized early on. The small unmanned 

aircraft developed by RPFlightSystems have seen service in searches from 

California, to Virginia, Wyoming to Texas and Mexico to Jamaica. 

RPFlightSystems has assisted many law enforcement agencies. The use of 

small unmanned aircraft in wildland fires has been proven on several occasions 

and has been utilized to quickly discover routes to areas thought inaccessible. 

The high resolution imagery a UA is capable of has assisted SAR crews in 

recovering victims that had been lost for lengthy periods.

Michael Hennig has been actively involved in small-unmanned aerial systems 

for over five years. Hennig has worked in conjunction with RP FlightSystems as 

part of the San Diego State University Visualization Center in introducing smallunmanned systems to local public safety, civilian based exercises and multiple 

community efforts. Hennig has also provided search and recovery support as the 

West Coast Director of RP Search Services.

His activities in unmanned systems include UAV lead for a National Geographic 

Mongolian archaeological expedition, UAV demonstrations in multiple San Diego 

based wildfire exercises, participation in NORTHCOM led multi-national 

humanitarian exercises demonstrating use of civilian unmanned systems in 

disaster responses, wildfire recovery and reforestation efforts, wildlife impact 

assessments, urban impact assessments, disaster impact assessments for 

Tijuana, Mexico response officials and demonstration of UAVcapabilities for 

Mexican Navy Ensenada, Mexico.

His current efforts are as Pilot at Controls for a NIST Wildfire Research Project 

and President of Unmanned Aero Services, Incorporated providing consulting, 

operation and field level support for civilian-based UAV systems.