February 5th, 2013

To : Unmanned Aircraft Systems Integration Office, AJV

- 115 490 L'Enfant Plaza SW , Suite 3200 Washington, DC 20024 **Petitioner** RPFlightSystem s, Inc. Eugene Robinson P.O

. Box 470 Wi mberley, TX 78676 Tel : (512) 665

- 9990 Em ail : texhills@verizon.net RPFlightSystem s, Inc. form ally subm its this Petition for Exem ption from FAR Title 14 CFR Part 21.191 & Part 91.319 

### Extent a**nd reason for seeking relief**  ' RPFlightSystem s, Inc. form ally requests exem ption from the above stated FARs for a period of 24 m onths or until the U nm anned Aircraft Program Office (UAPO) officially am ends the regulation of prohibiting manually rem ote

- controlled m iniature aircraft from performing photo and video "line of sight" operations; whichever com es first. The reason RPFlightSystem s, Inc

. requests this relief is because Petitioner’s legitim ate non - profit 501( c )3 charity (RPSearch Services) is now effectively prohibited from performing im portant first responder and search a nd rescue (SAR) services, and support for law enforcem ent , wh ile ma ny other individuals with rem ote

control fixed wing and multicopters equipped for aerial photo and video m ission s are free to perform random flight operations both public and commercial at will and without regard to the FARs. The num erous companies perform ing these commercial services are doing so in plain sight and m aking substantial incom e while violating the FARs stated , from which I am legitim ately seeking an exem ption. As an FAA certified p ilot with a college education in aviation , my approach to air safety is a num ber one priority. I have been safely flying search and rescue/recovery (SAR) m issions in the NAS since March 2004. During this tim e we have flown missions in 29 states and four countries and have never had an incident/accident caused by the unm anned aircraft or its’ use. More im portantly, we have been credited with, and have docum ented proof, of the recovery of ten (10) victim s as young as 2

- 1/2 years of age. These victim s mi ght not have been recovered without the use of an unm anned aircraft and our ability to fly them in rugged , remote, inaccessible areas. Since February 13, 2007 when the FAA policy interpretation grounded all unm anned aircraft, we have been contacted continuously for unm anned aircraft operations byboth local and Federal agencies. Many had to be refused because of the inability to

acquire a Certificate of Authori zation (COA) in a tim ely fashion. It should be noted that RPFlightSystems, Inc. authored o ne of the first FAA granted civilian requests for a COA for Hays County, Texas Em ergency Managem ent Office in 2008 . This application was noted by UA office managem ent for its thoroughness and com prehensive safety procedures . RPFlightSystem s, Inc. personn el 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 m ember o n the first FAA Agency Regulatory Committee (ARC) that help ed identify UA operations standard practices and guidelines. **How th e request would benefit t**  **h e public as a w** 

**h ole**  It should be obvious that in SAR operations, time is of the essence. The cum bersom e nature of requesting and obtaining em ergency authorization has delayed potentially life saving m issions utilizing sm all UA. The UA’s small footprint and ease of use over manned counterparts has been proven effective time and time again. Many tim es, FAA personnel are placed in a position of having to determ ine whether flight operations can take place if they meet the guidelines of existing FARs which in m any 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 RPFlightSystem s’ 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 m ulti

- use capabiliti es. An RPFlightSystem s UA can fly in tim es of disaster i.e., hurricane wind, chem ical spill s , flood s , etc. , safely entering dangerous areas without placing a full

-scale pilot at risk. Wi nd speed and brown cloud contam inants can be m easured and a visual p erspective would be available to disaster m anagem ent team s. The cost factor is reduced when a n RPFlightSystem s UA is brought in to perform aerial searches that last days. Typically, law enforcement helicopters are lim ited by the flight hours allotted a n agency (cost, shared use, etc.) . The UA provides real inform ation and possible targets to law enforcement that can then be flown by a full scale helicopter. It has been proven num erous tim es, that a UA’s digital photos provide a m ore detailed m ethod 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 victim s are m issed. In light of recent privacy issues raised, a Pew poll was conducted and the Am erican public was asked what acceptable uses of UA might be. Eighty percent (80%) of responders approved of sm all un ma nn ed aircraft use for search and recovery/ rescue (SAR) activities. Sixty seven percent (67%) approved UA use for tracking and apprehending crim inals. It should be noted that RPFlightSystem s, Inc. has participated in these activities and there have never been any privacy violations or legal actions from data collected by unm anned aircraft in their nearly 10 years of flying sm all unm anned aircraft.As di rector of flight operations , I, founder of RPFlightSystem s, have forty (40) years

of aviation and com puter experience to bring to bear on this endeavor. T his un ique com bination of experience places m e in a position to educate others with less experience a bout the safe operation of rem otely piloted UAS. Wehave discovered through use what equipment has the highest reliability rate

– what works and what does not in the field. This experience can o nly be obtained by conservative, responsible use and operatio n , and rem ote testing of hardware in real world conditions. The form ation of the RPSearch Services, a 501( c)3 non

- profit charitable organization was a me ans for RPFlightSystem s to provide UA search technology to agencies **at no charge to them or the fami**  **lies** that required the assistance. This venue also allowed RPFlightSystems personnel to provide a beneficial, positive use of unm anned aircraft rather than current m edia picture of “killer drones” roam ing the skies. This service has been utilized by othe r non - profit search organizations such as Texas Equusearch, Laura Recovery Center and Center for Comm unity Serv i ce. 

### Reasons why the exemption would not adversely affect safety, or **h ow**  

### t **h e**  **exemption would provide a level of safety at least equal to the exi sting rule**  Granting this Petition for an exem ption would significantly increase public safety for several reasons, not the least of which is the assem blage 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, alm ost ninety two percent (92%) of agencies polled use NIMS protocols or som e portion of them

. Secondarily, m ost operations are conducted in largely rural or rugged areas, at or below 400’ altitude above ground, at least 3 m iles 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 RPFlightSystem s, Inc. increases that m argin of safety because they have been developed under real world conditions and not by theory or “probable” operating conditions. This Petition er also provides another level of safety by restricting aircraft to a maxim um weight of 25 pounds, which is half the weight as defined for “sm all” unm anned aircraft. Most SAR operations are com pleted using the Spectra flying wing which has an all up weight of six (6) pounds further increasing safety of operations where person nel on the ground m ight be affected. Sm all unm anned guidance and control systems are becom ing m ore and m ore sophisticated and safe as they becom e smaller . Our typical guidance systems contain m ultiple 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 ifcommunication is lost. These features are in addition to a vigilant fli ght team

monitoring the aircraft visually. In addition, m anual control is utilized for the m ost critical parts of the flight

– launch and landing

– to keep a hum an actively “in the loop” during these transition phases. Flights are conducted during daytim e Visual Meteorological Conditions (VFR)

. Furtherm ore, when the FAA grants this petition, o nly p ersonnel that have received adequate training in the aircraft system, understand airspace utilization, and aircraft separation will be in eligible for crew status. Because of m y extensive participation in procedural UA integration , I have a com prehensive understanding of the National Airspace System and the ram ifications of UA operations therein. 

### A summary **we can publish**  **in the Federal Register stating** **:**
 **The r ule from which you seek the exemption** 

 **A brief description of the exemption you seek** RPFlightSystem s, Inc. form ally requests exem ption from the above stated FAR Title 14 CFR Part 21.191 & Part 91.319 for a period of 24 m onths or until the U nm anned Aircraft Program Office officially adopts regulations allowing the use of manually rem ote

- controlled m iniature aircraft from performing photo and video "line of sight" operations; whichever com es first. Only adequately trained personnel with practical system trai ning and understanding of the National Airspace are seeking exem ption fro m the aforem entioned FARs.


### Any additional information, views, or arguments available to support your **request** It is in memory of individuals like Devon Davis, Caley Anthony, Lauren S pierer, Chelsea King, Renee Fox and other victim s that we pray this Petition be granted. Fam ilies of missing individuals are eager for any and all assistance when their loved one goes m issing. Allowing use of unm anned aircraft technology could benefit m any more families when utilized in a comm on sense, safe approach. Instead, Petitioner has been prevented from helping fa milies

– and the public in general

- in need because of the application of manned FARs to an unm anned aircraft that do not apply and ca nnot apply to sUAS

. RPFlightSystem s, Inc. offers support to those agencies that do not have the budget or cannot afford the use of full scale aircraft in the perform ance of serving the public that seeks their assistance. The cost effectiveness of sm all u nm anned aircraft has been realized on a 15 to 1 ratio over that of manned assets for the dirty, dull, and dangerous work that is som etimes required. It has been proven through thousands of incidents , supported with sm all unm anned aircraft, that the safety and utilization of ground team s 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. RPF lightSystem s developed a plan and continuesto develop plans for civilian unm anned 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 stab le 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, Wyom ing to Texas and Mexico to Jamaica. RPFlightSystems has assisted many law enforcement agencies

. The use of smal l 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 introdu cing small

unmanned 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 U AV 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 Wi ldfire Research Project and President of Unmanned Aero Services, Incorporated providing consulting, operation and field level support for civilian

- based UAV systems.