July 28, 2015

Exemption No. 12212

Regulatory Docket No. FAA–2015–0931

Mr. Gregory S. Walden

Counsel for Firestorm Emergency Services Ltd. d/b/a Firestorm UAV

Akin Gump Strauss Hauer and Feld LLP

1333 New Hampshire Avenue NW

Washington, DC 20036-1564

Dear Mr. Walden:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 6, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Firestorm Emergency Services dba Firestorm UAV (hereinafter petitioner or 

operator) for an exemption. The petitioner requested to operate an unmanned aircraft system 

(UAS) to conduct emergency services1.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Spreading Wings 1000+.

 

1 The petitioner also requested authority to operate under nighttime conditions. At this time, the FAA is unable to 

authorize UAS operations under nighttime conditions until a further assessment is completed. When the FAA 

completes its review, we will proceed accordingly and no further action will be required by the petitioner. 
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection2. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Firestorm Emergency Services dba Firestorm UAV is 

granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below.

Conditions and Limitations

In this grant of exemption, Firestorm Emergency Services dba Firestorm UAV is hereafter 

referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Spreading 

Wings 1000+ when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.
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7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 
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current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.
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21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 
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to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 4, 2015 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

AkinGump 

STRAUSS HAUER & FELD LLP 

GREGORY S. WALDEN 

+1 202.887.4213/fax: +1 202.887.4288 

gswalden@akingump.com 

Re: Docket FAA 2015-0931; Amendment to Petition for Exemption of Firestorm 

Emergency Services Ltd. d/b/a Firestorm UAV under Section 333 of the FAA 

Modernization and Reform Act, 49 U.S.C. 44701(±), and 14 C.F.R. Part 11, to operate 

during nighttime conditions 

On behalf of Firestonn Emergency Services Ltd. d/b/a Firestorm UA V ("Firestorm"), we hereby 

submit this amendment to the petition for an exemption filed on April 4, see Docket FAA 2015-

0931, to allow Firestorm to operate the Spreading Wings 1000+ UAV manufactured by DJI 

modified by Troy Built Models called TigerStrike® TF, under nighttime conditions, to carry the 

patent pending Intelligent Radio Direction Finding (iRDF) system to provide emergency services 

such as search and rescue, preventing runaways of persons with dementia, and gee-locating a 

firefighter in a building filled with smoke, in both rural and urban environments. Please consider 

this document as part of the petition filed dated April4, 2015. 

In its petition, Firestorm stated that it "will limit its operations to daytime Visual Flight Rules 

("VFR") plus 30 minutes before sunrise and 30 minutes after sunset (dusk), with each operation 

ending no later than 30 minutes after sunset. ... The UA V is equipped with LED lighting visible 

for 3 miles. Accordingly, we do not believe an exemption from 14 C.F.R. 91.209 is necessary." 

The amendment to the petition sets forth the public interest in support of nighttime operations 

and the operational and equipment consideration that achieve an equivalent level of safety for 

such operations. 

Operations during nighttime hours are in the public interest. As Firestorm stated in its 

petition, "UA V operations will substantially benefit wandering dementia patients with wrist 

beacons, Emergency Locator beacons both 406 and 121.5 used by ground teams, geolocation of 

the firefighters' radio in wild land fire and structure fires by using the TigerStrike® technology 

to geolocate them using their existing radios as a beacon. Lost hikers and skiers who are 

equipped with the FRS radios can also be geo-located effectively. Tagged wildlife can be located 

RobertS. Strauss Building 11333 New Hampshire Avenue, N.W. 1 Washington, D.C. 20036-15641202.887.4000 I fax 202.887.4288 I akingump com 
Firestorm Emergency Services Ltd. Amendment to Petition for Exemption 

May 4, 2015 

Page 2 

and observed with little or no interactions/risk to the animal that is being tracked or the biologist. 

The critical element is the speed to recovery that mitigates damage both bodily and financial." 

In search and rescue involving some form of radio transmission time is of the essence. Those 

involved in the first responder world know that the survival percentage of victims decreases with 

every hour passing. 

Unfortunately, most of these events happen in rural environments where access to the event is 

often blocked by terrain and man-made structures. The art of radio direction finding ("RFI") is 

further complicated by reflections and man-made interference. The process is very simple: 

discover the most accurate angle to the source of the radio frequency emanations to ascertain the 

line of bearing from the searchers location to the victim. The next step is to move location from 

the initial reading and take a second line of bearing with enough variance from the first that it 

creates an accurately that they can create an intersection. At this intersection is the most probable 

location of the source of the signal. Further information about the use of this technology, which 

contains commercially sensitive and propriety material, is being provided separately to the FAA. 

Historically most aviation rescue units will not participate in search-and-rescue radio direction 

finding work at night because of the proximity to terrain and in many cases inclement weather. 

However, once they know that the ground team has geo-located the signal they will come and 

hoist out any victims. In certain states, Civil Air Patrol (CAP) tasked by the USAF Rescue 

Coordination Center (AFRCC) with inland search and rescue responsibility will not fly at night, 

even in good weather. So this becomes an enormous safety factor for both the searchers, ground 

team members and pilots that are pressed into service at night to find someone in distress. 

With the integration that has been fitted to the bottom of the UAV connected to a Panasonic 7 

inch tablet, the results of the automatic radio direction finding are relayed to the ground station 

next to the UA V pilot. If the beacon is a 406 MHz ELT, PLB, or Epirb, it will decode the signal 

and display the result on the map on the ground station software. Other beacons like Alzheimer's 

bracelets, special needs bracelets, VHF UHF handheld radios or other devices that are 

transmitting will show up as a line of bearing from the UA V pilot's location on the map 

instantly. This first reading would be available in less than five minutes from set up. 

Based on terrain clearance and location to problematic structures, the altitude would be limited to 

400 feet AGL. The Tiger strike equipped UAV would then fly right or left of the initial reading 

to establish the second line of bearing at no greater than 3,000 feet or line of sight of the lights on 

the UAV. Due to the very narrow aperture of this antenna (2-5) degrees, the accuracy of the 

results would be greater than any other commercial equipment other than military. If no signal is 
Firestorm Emergency Services Ltd. Amendment to Petition for Exemption 

May 4, 2015 

Page3 

determined in either scenario the speed of deployment by the firestorm UA V equipped with the 

Tiger strike technology allows sampling for the signal to occur at a much higher rate than by 

traveling by car along roads. 

Operations under nighttime conditions will maintain an equivalent level of safety. 

Firestorm's nighttime operations will maintain an equivalent level of safety for the reasons sets 

forth in its petition (i.e., operations will be conducted under 400 ft. AGL and within the line of 

sight of the operator) plus the fact that the UAV will be lighted sufficiently to be seen by the 

operator, other aircraft operators in that same airspace, and other persons on the ground. 

Firestorm has added a 1.5GHz anti-GPS jamming capability to increase the margin of safety of 

its UAS. 

Sincerely, 

rray Craig, Firestorm Emergency Services Ltd.