1

July 5, 2015

Department of Transportation 

Docket Management System

1200 New Jersey Ave, SW

Washington, DC 20590

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

Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 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) & (b); 91.407(a) (1); 91.409 (a) (2);

91.417 (a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 

1 4 C.F.R. Part 11, the Blount County Rescue Squad (BCRS), an all-volunteer, IRS 501 (c) 3 not 

for profit rescue organization acting as an instrumentality of government agencies for search and 

rescue, disaster and emergency response is requesting an exemption for the operation of small

Unmanned Aircraft Systems ("sUAS") equipped to conduct aerial search operations with in the

United States. This exemption will provide access to the required resources (aUAS) to facilitate

higher success rates during search and rescue operations leading to the saving of human lives, 

decrease the potential for injury to first responders searching in hazardous terrain and 

environments and to help prevent contamination of lands if there was a manned aircraft accident. 

Therefore BCRS hereby applies for an exemption from the listed Federal Aviation Regulations

("FARs") to allow commercial operation (not for profit and in support of government agencies for 

search and rescue, disaster and emergency operations) sUAS flights, so long as such operations are

conducted within and under the conditions outlined herein or as may be established by the FAA as

required by Section 333.

As described more fully below, the requested exemption would permit the operation of small

Unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) 

limited, 2) predetermined, 3) controlled as to access and 4) would provide safety enhancements to the

already safe operations in search and rescue, disaster and emergency operations presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrator's) responsibilities to "...establish requirements

for the safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant is: Blount County Rescue Squad (BCRS)

Attn: Edward C. Wolff, CEM 

Phone: 954-605-3465

Email: ed.wolff@bcrs.org

Address: PO Box 218

Alcoa, TN 37701
2

The conditions proposed by the applicant are drawn from order 8900.1 CHG 0

Regulationsfrom which the exemption isrequired 14CFR Part 21

14C.F.R. 45.23(b)

14CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14C.F.R. 91.103

14C.F.R. 91.109

14C.F.R. 91.119

14C.F.R. 91.121

14CFR 91.151 (a)

14CFR 91.203 (a)& (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider

whether certain unmanned aircraft systems may operate safely in the national airspace system

(NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In

making this determination, the Secretary is required to determine which types of UASs do not

create a hazard to users of the NAS or the public or pose a threat to national security in light of the

following:

The UAS's size, weight, speed, and operational capability

Operation of the UAS in close proximity to airports and populated areas; and

Operation of the UAS within visual line of sight of the operator.

Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may

operate safely in the national airspace system, the Secretary shall establish requirements for the

safe operation of such 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 40101 of the Act, which includes sUASs, from the requirement that civil aircraft

must have a current airworthiness 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 of the UAS, if it should be determined that the

conditions set forth herein do not fulfill the statutory requirements for approval.
3

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the

Administrator finds the exemption in the public interest. 49 U.S.C. Section 44701(f) see also

49 USC Section 4471 l(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1).

Blount County Rescue Squad (BCRS), sUASs rotorcraft, weighing 55 or fewer or lbs.

including payload. They operate, under normal conditions at a speed of no more than 70 knots

and have a capability to hover, and move in the vertical and horizontal plane simultaneously.

They will typically operate in a line of sight and will operate only within the

designated search areas at an altitude at or below 400 feet AGL.

Given the small size of the sUASs involved and restricted sterile environment within which

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of UASs to commence immediately. Also due to the size of the UASs and the

restricted areas in which the relevant sUASs will operate, approval of the application presents

no national security issue. Given the clear direction in Section 333 of the 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 of the requested exemptions is in the public interest. Accordingly, the applicant

respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVELANT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to aircraft that have 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.

• The sUASs will weigh lessthan 55 lbs.

• Flights will be operated within line of sight of the sUASpilot and/or a field observer.

• Maximum total flight time for each operational flight will be 120 minutes.

• Flights will be operated at an altitude of no more than 400 feet AGL.

• Minimum crew for each operation will consist ofthe sUAS Pilot, and Visual Observer.

• sUAS Pilot will be the pilot in command (PIC).

• The UAS will operate within a confined "sterile area" whenever possible and have a

 "Security Perimeter" for the flight operations area.

• It is understood that by the nature of search and rescue, disaster and emergency responses 

 that they occur without warning and may occur at any time of the day and any day of the 

 week.

• A briefing will be conducted in regard to the planned sUAS operations prior to each

 day's emergency operations.
4

• The operator will make reasonable effort, under the emergency conditions, to notify all

 persons involved in the area where aerial search and rescue or disaster operations are 

 occurring.

• Search and Rescue, disaster and emergency operations utilizing a sUAS will incorporate 

 a safety officer that is trained on the utilization of sUAS and the position will be 

 incorporated into the Incident Command System that is utilized to manage the emergency

 operation.

• Pilot and observer will have been trained in the operation of sUAS generally and received

 up-to-date information on the particular sUAS. Observer and Pilot will at all times be

 able to communicate by voice or text.

• Search and Rescue, disaster and emergency operations will be launched from and/or

 have oral permission from the relevant property holders from which operations are 

 executed whenever possible.

• If the sUAS losses communications or it loses its GPS signal, the s UAS will have

 capability to return to a pre-determined location within the Security Perimeter and land.

• The sUAS will have capability to abort flight in case of unpredictable obstacles or

 emergencies.
5

14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a)

(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR Section 91.203 (a) (1). Given the

size and limited operating area associated with aircraft to be utilized by the Applicant, an

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety

under Part 11 and Section 333 of the Reform Act both authorize the FAA to exempt aircraft

from the requirement for an airworthiness certificate, upon consideration of the size, weight,

speed, operational capability, proximity to airports and populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in a restricted environment and under the conditions proposed 

will be at least as safe, or safer, than conventional aircraft (fixed wing or rotorcraft)

operating with an airworthiness certificate without the retractions 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 safety requirements, to provide

security of the 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.F.R. Part 21, Subpart H. Lastly, application of

these same criteria demonstrates that there is no credible threat to national security posed by

the UAS, due to its size, speed of operation, location of operation, lack of explosive materials

or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. Section 45.23 (b). Marking of the aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration of the 

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.

Even though the UAS will have no airworthiness certificate, and exemption may be needed

as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

"experimental" can be placed. Given the size of the sUAV, the two inch lettering will be

impossible. The word "experimental" will be placed on the fuselage in compliance with

§45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on it fuselage
6

as required by §45.29 (f) where the pilot, observer and others working with the sUAV

will see the identification of the sUAV as "Experimental." The FAA has issued the

following exemptions to this regulation to exemptions to this regulation to Exemptions Nos.

10700, 8738, 10167A.

14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilot in

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 of

safety of current operations by requiring the PIC operating the aircraft to 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 of safety provided by the 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 of the 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 of the sUAS as requested

with a recreational pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. 

§61,113 (a) & (b).

14 C.F.R. §91.7 (a): Civil Aircraft Airworthiness.

The regulation requires that no 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

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the SOP for

maintenance and use of safety check lists prior to each flight, and equivalent level of safety

will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft

Flight Manual, approved manual material, markings, and placard, or any combination thereof.

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 capacity to carry such an item on the aircraft.

The equivalent level of safety 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
7

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10602,32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of the 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 and takeoff distances and aircraft performance data before initiation

of flight.

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 that aircraft has fully functioning dual

controls.

sUASs and remotely controlled aircraft, by their design do not have fully functioning dual

controls. Flight control is accomplished through the use of a 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 exemption Nos.5778K & 9862A. The equivalent level of safety

provided by that neither a pilot nor passengers will be carried in the aircraft and by the size and

speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d)

allows helicopters to be operated at less than the minimums prescribed provided the 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 of up 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 needed to allow

such operations. As set forth by herein, except for the limited conditions stated in the SOP, the

UAS will never operate higher than 400 AGL rotorcraft and 1000 AGL for fixed-wing. It will

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 of safety will be achieved given the size, weight, speed of the 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 of the planned flight

operations as set forth in the SOP. Compared to flight operations with aircraft or rotorcraft

weighing more far more than the maximum 55lbs. proposed herein and the lack of flammable

fuel, any risk of associated with these operations is far less than those presently presented with

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of

the sUAS will ensure separation between these small UAS operations and the operations of

conventional aircraft that must comply with Section 91.119.
8

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 of the 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 of safety will be achieved by the operator, pursuant to the Manual and Safety

Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight.

14 C.F.R. §91.lSl(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits and individual from beginning "a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to

the first point of intended 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 after that for at least 45 minutes."

The battery powering the sUAS provides approximately 40 minutes of powered 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 or night VFR conditions isreasonable.

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 91.15 l(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 of reserve fuel, does not engender the type of risk that

Section 91.15 l(a) was intended to alleviate given the size speed of the small UAS. Additionally,

limiting sUAS flightsto 10 minutes would greatly reduce the utility for which the exemption will

be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30

minutes or 25% of battery power whichever happens first. This restriction would be more

than adequate to return 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 Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the

following:

An appropriate and current airworthiness certificate...
9

No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this 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 display

them 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 extent

they are applicable to the sUAS. The FAA has issued numerous exemptions to this Regulation. A 

representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789,

9789A, 9797, 9816A, 10700.

14C.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) of this section, have discrepancies repaired as prescribed in part 43

of this 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 of safety 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 of

time. Ifmechanical issues arise the UAS can land immediately and will be operating from no

higher than 400 feet AGL rotorcraft and 1000 AGL for fixed- wing. 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 of any 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 it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23 (b); 14C.F.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 Search and Rescue and Disaster Operations.

Approval of exemptions allowing commercial operations of sUASs in the Search and Rescue 

- disaster response services will enhance safety by reducing risk. Conventional search and 

rescue operations are limited by terrain and speed considerations for ground based searches.

The use of a sUAS provides trained searches with a resource that can search in areas that are 
1

otherwise inaccessible due to terrain and due to the amount of time required to perform manual 

area or line searches. The use of a sUAS will also allow for the searching of collapsed structures 

that are unsafe for Urban Search and Rescue Technicians and or SAR canines to enter. The uSAS

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 than 55 lbs., conducted in the strict conditions

outlined above, will provide an equivalent level of safety supporting the grant of the Part 21

and allowing commercial operations. These lightweight UAVs 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 or turbine aircraft operating close to the ground.

Public Acknowledgement/Privacy
11

Aircraft that are going to be covered are seen in Appendix A

AppendixA.

DJI Phantom 3

DJI Inspire
12

DJI Radio Control Flight System

SAR Autonomous Ground Station and AC Tracking System
11

Satisfaction of the criteria provided in Section 333 of the Reform Act of

2012:.size, weight, speed, operating capabilities, proximity to populated areas and or

close proximity to airports and operations within visual line of sight provides more than 

adequate justification for the grant of the requested exemptions allowing commercial

(not for profit and in support of governmental agencies performing emergency 

operations) operation of applicant's sUAS in the search and rescue, disaster d 

emergency response operations Blount County Rescue Squad

Sincerely,

 Edward C. Wolff, CEM® 

Blount County Rescue Squad

Special Operations Division

Post Office Box 218

Alcoa, TN 37701

ed.wolff@bcrs.org

www.bcrs.org