Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.3

14 C.F.R. 91.7(a)

14 CFR 91.9 (b)(2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 CFR 91.151.(a)

14 CFR 91.203 (a) & (b)

14 CFR 91.205(b)

14 CFR 91.215

14 CFR 91.405 (a)

14 CFR 407 (a)(1)

14 CFR 409 (a)(2)

14 CFR 417 (a) & (b) 3

Appendix 1 describes the FARs from which an exemption is requested and summarized the justification 

for each requested exemption.

The Petition is submitted to fulfill Congress' goal under Section 333 (a) through (c) of the Reform Act, 

which 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 rule making 

required under Section 332 of the Reform At. In making this determination, the Administrator must 

determine which types of sUAS's do not create a hazard to users of the NAS or the public or pose a 

threat to national security in the light of the following:

*The sUAS'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 333(c).

If the Administrator 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.” ld 333(c).

The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its 

regulatory requirements for civil aircraft, a term defined under 40101 of the Act, which includes sUASs. 

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 the Federal Aviation Act if 

Administrator find the exemption in the public interest. 40 U.S.C 44701(f) See also 49 USC 44711(a); 

40 USC 44704; 14 CFR 91.203 (a) (1).
The Wise Co. Haz-Mat Team, Inc. is 1 of the 13 Virginia Department of Emergency Management 

Regional Hazardous Materials Response Teams in the state of Virginia. The members of the 

organization are certified Haz-Mat Operation, Technician, and Specialist. Members are also certified 

(NIMS) National Incident Management System NIMS 100, 200, 300, 400, 700 & 800. Additionally, 

the members have a strong interest in sUAS's.

The Petitioner has formulated a plan to provide Emergency Management assistance to Local, State and 

Federal entities. The plan is to use small sUAS's for SAR (Search & Rescue), Hazmat/CBRN 

Management and Emergency & Disaster Response. When responding to an emergency, one of the 

priorities is to understand how the most critical areas are affected and where they are situated – before 

putting any more human lives in danger. The sUAS platform puts the power of aerial intelligence 

directly into the hands of the first responders. Real-time video streaming can show not only the extent 

of the damage but may also warn responders of additional hazards. Geo-tagged digital photographs 

provide an aerial record of the on-ground situation completely untouched. It is very improbably for 

First Responders to acquire; stay trained up on and be on the leading edge of technology with regards 

to sUAS's due to turnover and other training requirements that take priority.

Under the plan, the Drones will be DJI Inspires, DJI Phantom 2s, DJI Phantom 3s or prior approved 

multirotor and fixed wing platforms, flying below 400 feet above ground level and never within 5 miles 

from an airport. They will operate only within the line of sight of the operator and will only operate in 

populated areas for life and safety reasons and under the control of the on-scene Incident Commander. 

Flights will be remote from noise sensitive areas such as parks, schools, hospitals, and churches. 

Flights will be only conducted in permissible weather – rain, snow, or winds above 12 mph will 

terminate the flights. The Drones will only be operated by the team members who has considerable 

experience flying sUAS. Prior to operating the drones all pre-flight checks will be conducted per the 

manufactures recommendations. Safety will be the paramount concern in defining flight profiles.

Petitioner also notes and has read the congressional mandate in section 332 and 333 of the FAA

Revitalization and Reform Act of 2012 that the FAA move quickly to accommodate the economic and 

societal benefits that can result from widespread deployment of sUAS technology. Accordingly, 

Petitioner applies for authorization under the Federal Aviation Act and the FARs to undertake the 

following activities for commercial purposes. Unless the Petition is granted, Petitioner will be at a 

significant competitive advantage of it, as it prefers, complies with FAA policy.

Vehicle The Petitioner will fly one or more DJI Phantom 2s, DJI Phantom 3s, DJI Inspires equipped 

with a three-axis gimbal and camera ,and or a thermal camera, and or a 4 or 6 gas monitor for better 

situational awareness during Haz-Mat operations mapping missions and other prior FAA 333 

exempted fixed wind or multirotor UAS aircraft.

The vehicles have the built capability to limit the height they fly above the ground, to limit the radius of 

the distance they fly from the operator, and to exclude them from class B, C, and D airspace as well any

TFR's (Temporary Flight Restricted) areas. The vehicles also have the built-in capability to return to 

the launching point if the wireless control link is interrupted or if the operator attempts to exceed any of 

the height, radius, or airspace limitations programmed into them.

The vehicle weighs about ten pounds and have a maximum gross weight of approximately twenty 

pounds. It has a top speed of about 30 knots. It has four fixed-pitch rotors, thrust from which is 

varied by changing RPM. It is powered by a lithium polymer smart battery.
Flight profiles The petitioner will program the vehicle so that it will not fly more than 400 feet above 

ground level, or more than 1500 feet away from its operator The PIC (Person in Control) will 

carefully preflight the vehicle before each mission to assure that its compass and GPS system are 

properly calibrated and that the return-to-home feature, altitude, and radius limitations work. It will 

not operate in controlled airspace. In the unlikely event that a manned aircraft flies below 400 feet 

AGL where the Petitioner is operating its vehicle, the operator will keep both the vehicle and manned 

aircraft in sight and avoid the manned aircraft.

More particularly, the Petitioner will fly the vehicle only over the hazard areas that are in control of an 

on-scene Incident Commander, most likely being a Fire Chief, Police rep or Haz-mat Officer, etc.

Public Interest

Granting the petition would be in the public interest because:

1. The Congress of the United States has determined that early accommodation of sUAS into the 

National Airspace System advances the public interest. The Committee Report leading the House to 

adopt H.R. 658 said:

“The successful integration of unmanned aircraft systems (UAS) into the National Airspace System 

(NAS) can support more than 23,000 high-paying jobs in the United States....The absence of a plan to 

integrate UASs into the NAS is a barrier to such job creation....”1

Granting the Petition represents a step toward such integration, in the absence of a comprehensive 

regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

2. Granting the Petition will facilitate a new era in Emergency Response activities, one in which the 

responders themselves have a tool to safely, quickly and remotely assess a situation without placing 

lives in harm's way. In comparison, the EOD robots have saved countless lives since their inception, a 

feat that will become common place for aerial assessments.

3. Granting the Petition will enable Petitioner to demonstrate the commercial viability of creating new 

safety techniques and tactics with new aeronautical technology, thereby improving the efficiency of 

Emergency Responders around the world and making for a safer society.

The rules from which Petitioner seeks exemption artificially and irrationally limit the effective use of 

new technologies to expand Emergency Response safety and improve the efficiency of markets, 

thereby subverting the public interest.

___________________________

1. H.R. Rep. 112-29 on H.R. 658, 112th Cong., 1st Sess. At 116. The House-Senate Conference 

Committee on the FAA Modernization and Reform Act of 2012 recommended amendments to H.R. 658 

in lieu of amendments adopted by the Senate. Conference Report to Accompany H.R. 658, H.R. Rep 

112-381, 112th Cong., 2d Sess., at p.1(Feb. 1, 2012).
4. Granting the Petition will fulfill the FAA's own declaration that encouraging new aviation 

technologies advances the public interest. The FAA itself has recognized the public interest in its role 

of “Encouraging and developing civil aeronautics, including new aviation technology. “2 Granting the 

Petition will enhance FAA fulfillment of that commitment, thereby serving the public interest. Air 

commerce flourishes in the United States because of the rapid pace of innovation in aeronautical and 

associated technologies, followed by their commercialization and their introduction into the 

marketplace. The drone technology that the Petitioner uses exemplifies the latest innovative leap 

forward in aeronautical technology. Preventing it from using this in air commerce subverts 

achievement of the goal.

5. Granting the Petition will fulfill the Congressional determination that integrating sUAS technology

into the NAS serves the public interest. Section 330 of the FAA Modernization and Reform Act of 

2012, specifically recognizes the advantages to air commerce obtainable from the deployment of sUAS 

technologies. It mandated several steps by the FAA to accelerate the availability of these technologies 

in the National Airspace System, thereby representing a congressional determination that the public 

interest is served by making these technologies more widely available at the earliest practicable date 

The Petition represents a way for the FAA to move incrementally, while still satisfying its 

congressional mandate and meeting its obligation to enhance the public interest by making new 

technologies available by allowing the use of sUAS technologies in a manner that protects the public 

and the rest of the aviation community from significant risk.

The commercial activities by Petitioner proposed in the Petition represent contributions to new forms 

of air commerce, thereby fulfilling the FAA's statutory mandate under the 2012 Act.

6. Granting the Petition will enhance aviation safety, thereby advancing the public safety interest. The 

Petitioner has committed itself in the Petition to safety practices that reduce or eliminate hazards to 

aircraft in the National Airspace System and to persons and property on the ground. Many others are 

flying sUAS without regard to these hazards. Granting the Petition will offer the Petitioner up as an 

example of how the FAA is willing to accommodate the new technology when it is constrained by

appropriate limitations to enhance safety. It will also allow the Petitioner to be a role model for safe 

commercial sUAS operations.

Users of the National Airspace System are confronted by mushrooming threats from sUAS flown in 

defiance of the FAA's ban. Unless the FAA shows some flexibility to accommodate lawful and safe 

operation of sUAS for legitimate commercial purposes, the level of defiance will increase, intensifying 

the hazards to manned aircraft and to persons and property on the ground.

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform Act 

relating to size, weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight, and national security. The Petition justifies grant of the requested 

exemptions to allow the Petitioner to engage in Emergency Response procedures using small Drones.

___________________________________________

2 FAA, Safety: The Foundation of Everything We Do,
Respectfully submitted,

Wise Co. Haz-Mat Team, Inc.

P.O. Box 509

Wise, VA 24293

(276) 219-3988

danielrollins_67@yahoo.com and wisehazmat@gmail.com

 Appendix 1

FAR section/Subject/Justification

14 CFR 45.23(b)/Requirement to display registration number on vehicle/Insufficient space on vehicle

14 CFR Part 21/Aircraft certification requirements and procedures/Designed for manned aircraft; not

suitable for off-the-shelf sUAS

14CFR 61.3/Requirement for pilot certificate Part 61 requirements/designed for manned aircraft, not 

sUAS; petition describes training for sUAS operator

14 CFR 91.7(a)/Airworthiness requirement/Designed for manned aircraft, not suitable for off-the-shelf 

sUAS

14 CFR 91.9(b)(2)/Requirement for manual to be available in the cockpit/No one aboard to read 

mannual

14 CFR 91.103(b)/Requirement for crew members to be onboard/Unmanned vehicle

14 CFR91.109/Requirement for dual controls during flight instruction/No one aboard to operate 

controls

14 CFR 91.119/Minimum altitudes for safe flight/Safety requires operation below these altitudes

14 CFR 91.121/Altimeter settings/No one aboard to read altimeter

14 CFR 91.151(a)/Fuel requirements/Vehicle does not use fuel

14 CFR 91.203(a) & (b)/ Requirement for registration and airworthiness certificates to be onboard/No 

one aboard to read certificates

14 CFR 91.205(b)/Cockpit instruments/No one aboard to read