1

August 30

, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12

- 140

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

I am writing pursuant to the FAA Moderni zation and Reform Act of 2012 ( the “Reform Act”) and the procedures contained in 14 C.F.R. 11, to request that Drone Search and Rescue (Drone SAR)

, owned and operated by Karl D Carichner petition for exemption from the Fede ral Aviation Regulations ( “ FARs ” ) list ed below so that Drone Search and Rescue may operate its small unmanned aircraft/lightweight unmanned aircraft systems ( “ UAS ” ) commercially in airspace regulated by the Federa l Aviation Administration ( “ FAA ” ).

Primary uses will be the contracted, search and rescue for lost individuals, disaster mitigation (when called upon by state and local agencies; including county Emergency Management Agenc ies as well as local fire departments) and low altitude aerial photography for use on websites, print pieces and video for client use.

I have operated current UAS on many occasions non

- commercially without incident. The specific UAS that Drone Search and Rescue will operate, utilizes battery power, not combustible fuels. Flight time ranges between five and thirty minutes. The UAS has GPS functionality to hover in place as well as a return to programmed takeoff and land position function in case of

loss of contact with the radio. The programmable software will disable the UAS from taking off and also limit the UAS system from operating within specific GPS set no

- fly zones. For further information please visit http://www.dji.com/fly

- safe/category

- mc

.

Drone Search and Rescue exemption request would permit its operation of lightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace. Currently, similar remote controlled UASs are legally operated by the general public with no flight experience, s afety plan , S tandard O perating Procedures (SOP ’ s) or controls in place to prevent a disaster . It is only logical to allow Karl D Carichner

, an experienced remote control pilot, to operate a similar lightweight UAS for a commercial

purpose . Drone Search and Rescue will conduct its operati ons in compliance with the protocols

described herein or as otherwise established by the FAA along with its’ own company standard operating procedures

.2

For the reasons stated below, Drone Search and Rescue respectfully request s the grant of an exemption al lowing it to operate lig htweight, remote controlled UAS

.

1. Contact Information:

Karl D Carichner

Owner/Operator

Drone Search and Rescue

38 Remington Road

Tunkhannock, PA 18657

Tel.: (570) 903

- 2895

E

- mail : karl @ yourdronesolution. com

2. The Specific Sections of Title 14 of the Code of F ederal Regulations from Which

Drone Search and Rescue Request Exemption are :

14CFR 21:

14 C.F.R. 45.23 (b):

14 CFR 61m113 (a) & (b):

14 C.F.R. 91, et seq.:

14 CFR 407 (a) (1):

14 CFR 409 (a) (2):

14 CFR 417 (a) & (b).

3. The Extent of Relief Drone Search and Rescue Seeks and the Reason It Seeks

Such Relief:

Drone Search and Rescue submits this application in accordance with the Reform Act, 112 P.L. 95§§ 331

- 334, seeking relief from any currently applicable FARs operating in search and rescue operations, cinematic, research and other flight operations within the National Airspace System . The Reform Act in Section 332 provides for such integration of civil

unmanned airc raft systems into our National Airspace System as it is in the public’s interest to

do so. Drone Search and Rescue lightweigh t UAS meets the definition of “Sm all U nmann ed

A ircraft” as defined in Section 331 and therefore the integration of our lightweight UAS is expressly contemplated by the Reform Act. We would like to operate our lightweight UAS prior to the time period by which the Reform Act requires the FAA to promu lgate rules governing

such craft.3

The Reform Act guides the Secretary in determining the types of UASs that may operate

s afely in our National A irspace System . Considerations include:

• The weight, size, speed and overall capabilities of the UAS:

• Whethe r the UAS will be operated near airports or populated areas: and,

• Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Drone Search

and Rescue

.

Our UAS (the DJI Phantom 3 Pro fessional) utilizes four counter

- rotating propellers for extreme balance, control and stability. It weighs less than five pounds, including battery and all

available equipment. This small unmanned aircraft is designed to primarily hover in place and

operate a t less than a 50 knot maximum speed. It is capable of vertical and horizontal operation but operate s only within the line of sight of the remote control pilot. In addition to the remote control pilot, our SOP dictates a spotter is used

, making at minimum, two UAS trained Drone

Search and Rescue personnel on

- site to govern the safe flight of the aircraft at all times.

Utilizing battery power and no n

- combustible fuels, flights generally last between five and thirty minutes. We do not operate the UAS with less than twenty five percent battery capacity. Safety systems in place include a GPS monitor that allows the UAS to hover in place or return to

takeoff (or programmed) location if communication with the radio control pilot is lost . Drone

Search and Rescue nev er operate s the UAS near airports or in highly populated areas. To date, we have only operated the UAS in a non

- commercial manner

. Our operation of this small unmanned aircraft will not “create a hazard to users of the National Airspace System or the public.” 112 P.L. 95 § 33 3 (b). Given the small size, weight and operational parameters of the UAS, combined with its operation in cordoned off and well

controlled areas or emergency scenes , this falls within Congress’s contemplated safety zone when it pro mulgated the Reform Act and the corresponding directive to integrate UASs into the National Airspace System

. Our UAS will, without question, not pose any threat to the general public or national security.

The FAA has the authority to issue the exemption so ught by Drone Search and Rescue pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”).

4. How this Request Will Benefit the Public As A Whole:

Granting this exemption request furthers the public interest. Congress has already

p ronounced that it is in the public’s interest to integrate commercially flown UASs into the National Airspace System , hence the passing of the Reform Act. Drone Search and Rescue

conduct s research into safe UAS operations every time it flies its UAS. Fligh t data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing Drone Search and Rescue to log more flight time directly relates to our ability to further enhance current safety measu res. Drone Search and Rescue will directly be serving in the public’s best interest due to our company mission and goals. We will be an on

- call

resource for local and state emergency management agencies, fire departments or police departments to assist the m in better serving the public in: search and rescues for missing/injured4

person(s), wanted person(s) dangerous to those around them, and help mitigate disaster situations as they are happening.

Furthermore, the public has an interest in reducing the danger and emission associated

with current aerial assisted searches and cinematic capture methods, namely, full size helicopters. Our UAS is battery powered and creates no emissions. If our UAS cras hes there is no fuel to ignite and cause fire or explosions . The impact of our lightweight UAS is negligible when compared to a full size helicopter. The public’s interest is furthered by minimizing ecological and crash impacts by permitting search and rescue operations along with photo and motion picture capture through our lightweight UAS. Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Congress

mandated the inte gration of UASs into our National Airspace System , in part, to achieve progression in this noteworthy and inevitable field. Permitting Drone Search and Rescue to immediately fly within the United States furthers these goals. In addition g ranting this reque st
will also allow the rapid and cost effective use of aerial surveillance in search and rescue

opera tions, disa sters. It will also allow small business owners and home owners to be able to afford high quality aerial images and video that they would othe rwise have no ac cess to due to several factors having cost being the largest burden

.

5. Reasons Why Drone Search and Rescue Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

This exe mption will not adversely affect safety. Due to the reasons stated previously, permitting Drone Search and Rescue to log more flight time in FAA controlled airspace will

allow u s to innovate and implement new, more efficient and widely dispersed safety pro tocols. In addition, the following specifications will help to ensure the safety of everyone involved in the operation of Drone Search and Rescue Drones’ :

• Our UAS weighs less than five pounds complete with all mounted equipment , accessories and battery:

• We only operate our UAS below 400 feet

• Our UA S only operates for 5

- 30 minutes per flight

• We land our UAS wh en it reaches 25% battery power

• Our UAS pilot and spotter are certified by a private company and attend in

- house

- training to fly the UAS

• Our remote control pilot operates the UAS by line of sight

• Our remote control pilot has video backup should he /she somehow lose sight of the UAS

• Each flight is staff

ed with a remote control pilot and spotter , with communication systems

e nabling real time communication between all three

• Our UAS has GPS flight modes that allow it to hover , return to takeoff position and slowly land

if communication with th e remote control pilot is lost5

• We actively an alyze electronic flight data, actively train pilots and constantly u pdate the UAS’

on

- board computer to help enhance our safety prot ocols (Appendix A includes a copy of our

Phantom 3 Pre

- Flight Checklist)

• We conduct extensive briefings prior to flight during which saf ety carries primary importance

• We have procedures in place to abort flights in the event of safety breaches , threat s or potential

d anger

Our safety protocols provide a level of safety that exceeds e xisting rules and laws. It is important

to note that without the integration of commercial UASs into our National Airspace System

, helicopters are the primary means of sea rch and rescue, wide area surveillance and aerial picture capture. While the safety record of such helicopters is impeccable , it is far safer and efficient to operate a battery powered lightweight UAS. The potential loss of life and destruction of property is diminished because UASs carry no individuals on board and Drone Search and Rescue only operates the UA S in specific areas away from high populations. There is no fuel on board a UAS and thus the potential for fire or explosions is virtually non

- existent. The s mall size and extreme maneuverability of our UAS allows our remote control pilot to avoid hazards and is much easier to fly than traditional helicopters . Given their small size and weight, even when close enough to

capture extremely high

- resolutio n images, our UAS does not need to be c lose to the objects it is

focused on. For these reason s , our UAS has operated and will continue to operate at and above current safety levels.

6. Summary:

A. 14 C.F.R. 21 and 14 C>F>R> 91: Airworthiness certificates and Manuals.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed ope rational area of Drone Search and Rescue’s UAS permits exemption

from Part 21 because Drone Search and Rescue’s UAS meets an equivalent level of safety pursuant to Section333 of the Reform Act. The FAA is authorized to exempt aircraft from the

airworthines s certificate requirement under both the Act (49 U.S.C. § 44701 (f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size speed, maneu verability and proximity to areas such as airports and dense populations. Drone Search and Rescue UAS

meets or exceeds each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certific ate will be applicable in the form contemplated by the FARs, this

r egulation is inapplicable.

14 C.F.R § 91.9(b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A , 10602, 10700 and 32827.6

14C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Drone Search

and Rescue utilizes electronic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a) an d (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicabl e for the same reasons previ ous ly stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Drone

Se arch and Rescue flight operations center.

B. 14 C.F.R § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Drone Search and Rescue UAS is, by definition, is unmanned. T herefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further more
, two

- inch lettering is difficult to place on such small aircraft. Regardless, Drone Search and

Rescue will mark its UAS in the largest possible lettering by placing the phrase “DRONE SAR ” on its fuselage as required by 14 C.F.R. § 45.29(f) so that the pilot, technician, spotter and others working with the UAS will see the markings. The FAA has previously issued exemptions to this regulat ion through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. § 61.113 (a) & (b) private pilots are limited to non

- commercial operations. Drone Search and Rescue can achieve an equivalent level of safety as achieved by current regulations because Drone Search and Rescue UAS does not carry any pilots or passengers. Furthermore, while helpful, a pilot license will not ensure remote control piloting

skills. Al thoug h it is not required, t he UAS Operators for Drone Search and Rescue will be trained both by an outside company and undergo internal training to ensure the highest level of safety to everyone involved with the operation. The risks attendant to the ope ration of Drone

Search and Rescue UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R.§ 61, et seq. Thus, allowing Drone Search and Rescue to operate its UAS with a private pilot as the pilot in control will exce ed current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes i n certain conditions. Drone Search and Rescue will never operate at an altitude greater than 400 AGL. Drone Search and Rescue will, however, operate its UAS in cordoned off areas with security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of Drone Search and Rescue UAS, an equivalent level of safety will

be achieved.

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

The above cited r egulations require, amongst other things, aircraft owners and operators to “have aircraft inspected as prescribed in subpart E of this part and shall between required inspection, except as provided in paragraph © of this section, have discrepancies repaired as prescribed in pa rt 43 of this chapter....” These r egulations only apply to aircraft with an7

airworthiness certificate. Therefore, they will not apply to Drone Search and Rescue should its requested exemption be granted. Drone Search and Rescue wi ll conduct extensive maintenance

program s that involves regular software updates and curative measures for any damaged

har dware. In summary , an equivalent level of safety will be achieved.

F. Summary to be published in the Federal Register:

Drone Search and Rescue seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R § 91.9 (b)(2); 14 C.F.R.§ 91.103(b); 14 C.F.R.§ 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; C.F.R. § 91.151 (a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a)(2);14 C.F.R. § 91.409 (a)(2);and 14 C.F.R.§§ 91.417 (a) & (b) :

In order to commercially operate its lightweight unmanne d aircraft in search and rescue or photography operations and to conduct its own research. Granting Drone Search and Rescue request for exemption will reduce current risk levels and thereby enhance safety. Currently

search and rescue and air image capture relies primarily on the use of larger aircraft running

combustible fuel. Drone Search and Rescue aircraft does not contain potentially explosive fuel, it is smaller, lighter and more maneuverable than conventional aircraft used in these scenarios

. Drone Se arch and Rescue operates at lower altitudes and in controlled airspace. Drone Search

and Rescue has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a flight operations manual that exceeds curre ntly accepted means and methods of safe flight. There are no individuals on board Drone Search and Rescue UAS and therefore the likelihood of death or serious bodily injury is significantly limited. Drone

Search and Rescue operation of its UAS, weighing less th an five pounds and travelling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of safety as

that achieved under current FARs.

Accordingly, Drone Search and Rescue respectfully requests that the FAA grant its

exemp tion request without delay. The FAA has the authority to issue the exemption sought by

Drone Search and Rescue pursuant to the Federal Aviation Act, 85 P .L. 726(1958), as amended

. In closing, Drone Search and Rescue would like to state that it would be very easy to ignore the FAA and operate a UAS commercially without applying for any petition from the

FAA . We hope the simple fact that someone such as ourselves who operate a small business and will be operating a UAS on a very small scale is applying for this exemption shows how ser i ous we are about safety and doing things properly. Thank you for your time and consideration.

Regards,

Karl D Carichner Owner/Operator

Drone Search and Rescue 38 Remington Road

Tunk hannock, PA 18657

Office Phone: 570

- 903

- 2895

Email: karl @yourdronesolution.com8

Appendix A: Phantom 3 Pre

- Flight Checklist



### DRONE SAR Phantom 3 Professional Pre

- Flight Checklist

The pilot and co

- pilot will check the Phantom out to ensure the following are attached properly and
functioning properly. Each flight is required to fill out the Phantom 3 Professional Pre

- flight Checklist

form.

Pre

- flight:

1. Is weather within flying conditions?

a. Wind speeds above 20 MPH

b. Any amount of rain, snow, sleet, hail, fog, or precipitation

2. Safety zone cleared at least 100 feet in all directions of flight path and safety signs in place?

3. Phantom & R/C battery charged

4. Tablet charged (reset or remove apps from memory)

5. Propellers installed and tightened

6. Remove gimbal lock

7. Gimbal not obstructed (grass , etc. )

8. Tablet volume & luminosity to MAX

9. Tablet « Do Not Disturb and Airplane » Modes

10. Tablet to R/C cable attached

11. Tablet Wifi & BT OFF ( I f wifi is available then connect to a network)

12. R/C ON

13. R/C in P

- Mode

14. Power on Phantom

15. Launch DJI Pilot app

Check values:

 Compass status

 IMU values (0, 1, 1400

- 1600)

 Gain values

 Max height

 RTH height (depends on flight location)

 R/C EXP & Gain (0,5

- 0,4

- 0,5)

 VPS ON (if indoor flight)

 Satellite status

16. C amera settings (LOG, video size, ...)

17. Gimbal configuration (1, 2 or 3)

18. CHECK HOME POINT

19. CHECK BATTERY STATUS (Cells)

Takeoff

1. Hover 30 seconds & check stability and all controls