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. 91.1 19 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 F ARs from which an exemption is requested and summarized the ju stification 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 Tr ansportation to consider whether certain unmanned aircraft s ys tems may oper ate safel y in the national airspace s ys tem (NAS) before completion of the rule making required under Section 332 of the Reform At. I n making this determination, the Administrator must determine which t ypes 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 safel y in the national airspace s ys tem, the Secretary

shall establish requirements for the safe operatio n of such aircraft in the national airspace sy stem. ” ld 333(c). The Secretary

has delegated his aviation authority to the Administrator of the F AA. The Federal Av iation Act expressly grants the F

AA the authorit y to grant exemptions from its regulatory

re quirements 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 an y sections 44702

- 44716 of the Federal Av iation Act if Administrator find the exemption in the public interest. 4 0 U.S.C 44701(f) See also 49 USC 4471 1(a); 40 USC 44704; 14 CFR 91.203 (a) (1).The Wise Co. Haz

- Mat Team, Inc. is 1 of the 13 V irginia Department of Emergency Managem ent Regional Hazardous Materials Response T eams in the state of V

irginia. The members of the organization are certified Haz

- Mat Operation, T echnician, and Specialist. M embers are also certified (NIMS) National Incident Management Sy stem NIMS 100, 200, 300 , 400, 700 & 800. A dditionally , the members have a strong interest in sUAS's. The Petitioner has formulated a plan to provide Emergency Management assistance to L ocal, State and Federal entities. T he plan is to use small sUAS's for SAR (Search & Rescue) , Hazmat/CBRN Management and Emergency & Disaster Response. W hen 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 an y more human lives in danger

. T he sUAS platform puts the power of aerial intelligence directly into the hands of the first responders. R eal

- time video streaming can show not only the extent of the damage but may

also warn responders of additional hazards. Geo

- tagged digital photographs pr ovide an aerial record of the on

- ground situation completely untouched. It is very

improbabl y 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 DJ I Inspires, DJIPhantom 2s, DJ I 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. T hey

will ope rate only

within the line of sight of the operator and will only operate in populated areas for life and safet y reasons and under the control of the on

- scene Incident Commander

. Flights will be remote from noise sensitive areas such as parks, schools, hos pitals, and churches. Flights will be onl y conducted in permissible weather

– rain, snow, or winds above 12 mph will terminate the flights. T he Drones will onl y be operated b y the team members who has considerable experience fl yi ng sUAS. P rior to operat ing the drones all pre

- flight checks will be conducted p er 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 F AA Revitalization and Reform Act of 2012 that the F AA move quickl y to accommodate the economic and societal benefits that can result from widespread deploy ment of sUAS technology

. A ccordingly

, Petitioner applies for authorization under the Federal Av iation A ct and the F ARs to undertake the following activities for commercial purposes. U nless the Petition is granted, Petitioner will be at a significant competitive advantage of it, as it prefers, complies with F AA policy

. Ve hicle The Petitioner will fly one o r more DJ I Phantom 2s, DJIPhantom 3s, DJII nspires 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 m apping missions and other prior F AA 333 exe mpted fixed wind or multirotor UAS aircraft. The vehicles have the built capability to limit the height they

fl y above the ground, to limit the radius of the distance they

fl y from the operator, and to exclude them from class B, C, and D airspace as well any TFR's (T emporary Flight Restricted) areas. T he 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 limitat ions programmed into them. The vehicle weighs about ten pounds and have a maximum gross weight of approximately twent y pounds. It has a top speed of about 30 knots. I t has four fixed

- pitch rotors, thrust from which is varied b y changing RPM. It is powe red b y a lithium poly mer 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 T he PI C (Person in Control) will carefully preflight the vehicle before each mission to as sure that its compass and GPS sy stem are properl y calibrated and that the return

- to
- home feature, altitude, and radius limitations work. It will not operate in controlled airspace. In the unlikel y event that a manned aircraft flies below 400 feet AGL whe re 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. T he Congress of the United States has determined that earl y accommodation o f sUAS into the National Airspace S ys tem advances the public interest. The Committee Report leading the House to adopt H.R. 658 said:

“ The successful integration of unmanned aircraft sy stems (UAS) into the National Airspace S ys tem (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

regi me for sUAS, and thus would serve the Congressional goal and the public interest. 2. G ranting the Petition will facilitate a new era in Emergency Response activities, one in which the responders themselves have a tool to safely , quickly and remotel y asse ss a situation without placing lives in harm's way

. I n 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 demonstrat e the commercial viability of creating new safet y techniques and tactics with new aeronautical technology , thereby improving the ef

ficiency of Emergency Responders around the world and making for a safer society

. The rules from which Petitioner seeks exemption artificially and irrationall y limit the ef fective use of new technologies to expand Emergency Response safet y and improve the efficiency of markets, thereb y subverting the public interest.

__________________

_________ 1. H .R. Rep. 1 12

- 29 on H.R. 658, 1 12 th Cong., 1 st Sess. At 1 16. T he House

- Senate Conference Committee on the F

AA Modernization and Reform Act of 2012 recommended amendments to H.R. 658 in lieu of amendments adopted by the Senate. C onference R eport to Accompany H.R. 658, H.R. Rep 11 2

- 381, 1 12 th Cong., 2d Sess., at p.1(Feb. 1, 2012).4. G ranting the Petition will fulfill the F AA's own declaration that encouraging new aviation technologies advances the public interest. T he F AA itself has reco gnized the public interest in its role of “ Encouraging and developing civil aeronautics, including new aviation technology

. “ 2 Granting the Petition will enhance F

AA fulfillment of that commitment, thereby serving the public interest. A ir commerce flouris hes in the United States because of the rapid pace of innovation in aeronautical and associated technologies, followed b y their commercialization and their introduction into the marketplace. T he drone technology that the Petitioner uses exemplifies the latest innovative leap forward in aeronautical technology

. P reventing it from using this in air commerce subverts achievement of the goal. 5. G ranting the Petition will fulfill the Congressional determination that integrating sUAS technology into the NAS serves the public interest. S ection 330 of the F AA Modernization and Reform Act of 2012, specificall y recognizes the advantages to air commerce obtainable from the deployment of sUAS technologies. I t mandated several steps by the F AA to accelerate the av ailability of these technologies in the National Airspace Sy stem, thereb y representing a congressional determination that the public interest is served b y making these technologies more widel y available at the earliest practicable date The Petition represe nts a way for the F AA to move incrementally

, while still satisfying its congressional mandate and meeting its obligation to enhance the public interest b y making new technologies available b y 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, thereb y fulfilling the F AA's statutory

mandate under the 2012 Act. 6. G ranting the Petition will enhance aviation safety , thereby advan cing the public safet y interest. The Petitioner has committed itself in the Petition to safety practices that reduce or eliminate hazards to aircraft in the National Airspace S ys tem and to persons and property on the ground. M an y others are flying sUAS wi thout regard to these hazards. Granting the Petition will of fer the Petitioner up as an example of how the F

AA is willing to accommodate the new technology when it is constrained by appropriate limitations to enhance safety

. I t will also allow the Petitio ner to be a role model for safe commercial sUAS operations. Users of the National Airspace S ys tem are confronted by mushrooming threats from sUAS flown in defiance of the F

AA's ban. Unless the F

AA shows some flexibility

to accommodate lawful and safe ope ration of sUAS for legitimate commercial purposes, the level of defiance will increase, intensifying the hazards to manned aircraft and to persons and propert y on the ground. The Petitioner's proposed operations satisfy the criteria provided in Section 33 3 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 P etitioner to engage in Emergency Response procedures using small Drones.

___________________________________________ 2 F AA, Safet y: Th e Foundation of Every thing We Do,Respectfully

submitted, Wi se Co. Haz

- Mat T

eam, Inc. P. O. Box 509 Wi se, V A 2 4293 (276) 219

- 3988 danielrollins_67@y ahoo.com and wisehazmat@gmail.com

Appendix 1

FA R section/Subject/Justification 14 CFR 45.23(b)/Requirement to display registration number on vehicle/Insuf ficient space on vehicle 14 CFR Part 21/Aircraft certification requirements and procedures/Designed for manned aircraft; not suitable for of

f

- the

- s helf 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 of f

- th e - 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 instruc tion/No one aboard to operate controls 14 CFR 91.1 19/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/V ehicle 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