August 27, 2015

Exemption No. 12638 Regulatory Docket No. FAA

− 20 15

− 2424

Mr. Julian T. Ross OxySure Systems, Inc.

10 880 John W. Elliott Drive

, #600 Frisco, TX 75033

Dear Mr. Ross :

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 June 1, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of OxySure Systems, Inc. ( hereinafter petitioner or operator ) for a n exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial imagery, recovery, search and rescue, and humanitarian relief efforts

.

See Appendix A for the petition submitted to the FAA des cribing 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 are the DJI Inspire 1, DJI Phantom 2, DJI Phantom 2 Vision, DJI S900 and DJI S1000+

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

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 fi nds that the requested relief from

14 CFR part 21

, C ertification 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 Decis ion

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 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 Lab s , 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. 11 062, 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, OxySure Systems, Inc. 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), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operat e a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, OxySure Systems, Inc. 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 Inspire 1, DJI Phantom 2, DJ I Phantom 2 Vision, DJI S900 and DJI S1000+ 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 restri ction. 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 ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer hi s or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and li mitations 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 th e conditions and limitations in this exemption and the procedures outlined in the operating documents,4

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operat ing 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

operat or 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 ope rator must petition for an amendment to its grant of exemption. The FA A’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 i n 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 a ll 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

current FAA airman medical certificate or a valid U.S. d river’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on h is or her pilot certificate.5

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 (traini ng, 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. Howeve r, training operations may only be conducted during dedicated training sessions. During

traini ng, 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

unde r 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 symbo l 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 airpo rt 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 f rom the PIC.

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

pre

- determined location within the pr ivate or controlled

- access property.

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

20. T he 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

powe r recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted 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

.6

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

num ber, 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 enforcem ent 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

tha t 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 nonparticipa ting 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 control led

- access property with permission from the prop erty 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 vert ical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

containe d on the NTSB Web site: www.ntsb.gov

.7

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 a rea 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 f or 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 th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to b e 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 91.8

This exemption terminates on September 30, 2017

, unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresOxySure Systems, Inc.
10880 John W. Elliott Drive #600, Frisco, TX 75033

1

- 888

- 7OXYSURE | (+1) 972

- 294

- 6450 | Fax (+1)

- 972

- 294

- 6501

www.oxysure.com June 1, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam:

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act and

14 C.F.R. Part 11

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

and 14 C.F.R. Part 11, OxySure Systems, Inc. (Applicant) a Delaw are corporation , seeks an exemption from the Federal Aviation Regulations (FARs) listed and discussed in Appendix A in order to allow for the op eration of small Unmanned Aircraft System ( s UAS) under the conditions

and limitations se t forth in this application for Petition.

The operation / mission of this Petition involve aerial operations in support of emergency response and services , disaster response and recovery, search and rescue, and humanitarian relief

efforts.

The requested exemption would permit the operation of small, unma nned and relatively inexpensive sUAS s under controlled conditions in airspace that (1) is limited, (2) is predetermined, and (3) would provide safety enhancements to First Responders on the front lines

in ou r communities. Other highly effective uses of s UAS endeavors include response to humanitarian relief efforts, emergency and disaster response

, and Search & Rescue (SAR) operations. Providing a clear visual from a low altitude flight is extremely valuabl e with respect

to emergency response and SAR missions. Low altitude real

- time imagery assists with locating people, locating emergency situations, delivering much

- needed emergency supplies quickly as an easily detachable payload (including medical emergency supplies)

, recognizing and identifying critically affected areas, locating safety zones and increasing situational awareness of identified

risks and hazards , r esult ing in more efficient

, decisive and effective response plans. Such planning assists to minimize reaction time and increase the probability of the best outcome for

the situation

– without increasing risk to human lives and property

.

Approval of this exemption would thereby enhance safety and fulfill the FAA A dmi nistrator’s responsibilities to “...establish requirements for the safe operation of such aircraft s ystems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is: OxySure Systems, Inc.

Attn: Julian T. Ross Telephone: ( 972 ) 294

- 6450

Email: drone @ oxysure .comOxySure Systems, Inc.
10880 John W. Elliott Drive #600, Frisco, TX 75033

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- 7OXYSURE | (+1) 972

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- 6501

www.oxysure.com Address: 10880 John W. Elliott Drive #600, Frisco, TX 75033

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 a nd summarizes 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 Sec retary of Transportation to consider whether ce rtain unmanned aircraft systems may operate safely in the national airspace system (NAS) before comple tion of the rulemaking required under Section 332 of the Reform Act. In making this determination, t he

Admi nistrator must determine which types of UASs do not create a hazard to users of the NAS or the publ ic 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 c lose proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

If the Administrator determines that such vehicles “may operate safely i n the national airspace

system, the Secretary shall establish requirements for the safe operation of such ai rcraft in the national airspace system.” Id. § 333(c).

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

The Federal Aviation Act expressly grants t he FAA the authority to grant exemptions from its regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which inclu des

sUASs. The Administrator may grant an exemption from a requirement of a regulat ion prescribed under subsect ion (a) or (b) of this section or any sections 44702

- 44716 of the Federal

Avia tion Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f)

See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1).OxySure Systems, Inc.
10880 John W. Elliott Drive #600, Frisco, TX 75033

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- 7OXYSURE | (+1) 972

- 294

- 6450 | Fax (+1)

- 972

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- 6501

www.oxysure.com The Petitioner is O xySure Systems, Inc. (“OxySure”) , a company founded in January 2004

. OxySure was founded upon the goal of improving emergency outcomes, including medical, natural and civil emergencies through the use of technology and innovation. Petitioner has developed and commercialized products aimed at lay rescuers as well as professional first responders. For example, one such product allows lay rescuers to render medical assistance to a person suffering a medical emergency easily and safely , prior to the arrival of professional first responders. Through innovation and technology, OxySure has focused on product s designed to “bridge the gap” (which is the time it takes for first responders to arrive on the scene, and can vary widely based on city, traffic conditions, time of day and so forth) between the onset of a medical emergency and the arrival on the scene of professional first re sponder s. Automated

Ext ernal Defibrillators (AEDs) is another example of such a p roduct designed to “bridge the gap,” In most emergencies, and medical emergencies in particular, time is of the utmost essence. Every second counts. That is why “ b ridging the gap” is a theme OxySure has been very focused

on, as it can mean the difference between life and death, or it can mean the difference between a good medical outcome

, and an outcome that is undesirable (such as an outcome that involves a loss of quality of life). More generally, OxySure operates in and is well versed in medical

e mergency equipment and m anagement , commercial as well as military, and first response markets (both lay responders and professional responders).

The Petitioner has formulated a business plan to provide Emergency Management and Response operations and support in medical, natural and civil emergency situations, and to Local, State and Federal entities. The plan is to use small drones for Emergency & Disaster Response

, SAR (Search & Rescue), and Hazmat/CBRN Management . When respond ing to an emergency, one of

the priorities is to understand how the most critical areas are affected and w here they are situated

– before putting any more human lives in dang er.

The unmanned Drone platform puts the power of aerial intelligence directly into the hands of the first responders. In many instances, drones can also get to an emergency situ a tion faster because they can fly in straight lines and avoid traffic situations. If the emergency is of a medical nature,

then b y carrying a payload (at no time shall the sUAS and payload together exceed 55 pounds)

such as an AED to the scene of a medical emergency, time and live s can be saved. In such instances, the unmanned Drone can shrink the “gap”

– and medical outcomes can be improved

and lives can be saved . Further, r eal

- time vi deo streaming can provide navigation and guidance

and also show not only the extent of the damage

, but may also warn responders of additio nal

hazards. Geo

- tagged digital photographs provide an aerial record of the on

- ground situation completely unto uched. It is very improbable for First Responders to acquire, stay trained up on

and be on the leading e dge of technology with regards to UASs due to turnover and other training r equirements that take priority.

Vehicle

 UAS will weigh typically less than 15 lbs., and always less than 55 lbs (including payload , if applicable )

.

 UAS will operate at a maximum speed of no greater than 30 knots.

 UAS will operate at or below 400ft AGL.

 UAS shall not be operated within 5 miles of an airport without prior approval of, or establishing a line of communication for the duration of the fligh t operations with the controlling authority of that airspace/airport.

 UAS will follow pre

- determined flight lines over the mission area conducted via automated navigational flight software.OxySure Systems, Inc.
10880 John W. Elliott Drive #600, Frisco, TX 75033

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www.oxysure.com  UAS will be operated under visibility and cloud clearance requirem ents equivalent to Visual Flight Rules (VFR).

 UAS will be equipped with an autopilot system. UAS will utilize GPS navigation, systematic pre

- flight checks, and failover safety mechanisms such as return

- to

- home (RTH), auto

- land, loiter and flight abort safe ty features.

Examples of vehicles that t he Petitioner will use include DJI Inspire 1s, DJI Phantom 2s, and DJI

Phantom 2 Visions

, equipped with a three

- axis gimbal and camera, and other sensors and equipment that will provide for better situational awareness during emergency response situations, as well as SAR and disaster response missions. If the mission involves additional payload such as emergency supplies (in addition to communications and video equipment) then examples of vehicles i nclude the DJI S900 and DJI S1000+ models.

These vehicles have the built in 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 fro m class B, C, and D airspace as we ll any TFR’s (Temporary Flight Restricted) areas. The vehicles also have th e 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 limit ations programmed into

them. The vehicles typically have four fixed

- pitch rotors (the DJI S900 and DJI S1000+ models have 8 rotors)

, thrust from which is varied by changing RPM. They are generally powered by lithium polymer smart batter ies

.

Pertaining to Flight Operations

 Risk assessment evaluation for safe site operations and flight conditions before each mission.

 Prior to a UAS flight, an area of operation will be established. This area of operation will include a defined lateral and vertical area, wh ere the UAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation.

 Flights will be operated in Class G airspace whenever possible.

 See and avoid: If at any time the operator see or hears another aircraft and it appears that aircraft may come within one (1) mile of the sUAS, or it is questionable whether or not it will do so, the PIC shall immediately descend the sUAS and direct it on a heading toward the designated landing area, or alternate landing area if necessary, until the sUAS has landed or it is determined the other aircraft has maintained a separation of one (1) mile.

 The sUAS shall operate from on

- site launch/landing locations directly next to the PIC and GCS

crew.

 Flight planning will include flight completion with at least 25% battery power remaining as measured by the UAS or appropriate flight time planning.

 A Ground Control Station (GCS) will be connected by radio communica tion to the UAS during the entire flight operation. Flight information relayed to the PIC will include UAS GPS position, altitude, speed, compass heading/bearing, aircraft angle of attack, flight time, battery power remaining, and other telemetry informati on.

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:OxySure Systems, Inc.
10880 John W. Elliott Drive #600, Frisco, TX 75033

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www.oxysure.com "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 U ASs into the NAS is a barrier to such job creation . . . ." 1

Granting the Petition represents a step toward such i ntegration, 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 Respon se activities, one in which

the responders themselves have a tool to safely, quickly and remotely assess and access a situation without placing lives in harm’s way. In compari son, 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 comme rcial viability of creating

new safety techniques an d tactics with new aeronautical technology, ther eby improving the efficiency of Emergency Responders around the world and making for a safer society.

4 . Granting the Petition will fulfill the FAA’s own declaration that encour aging new aviation technologie s advances the public interest. The FAA itself has recognized the public inter est in its role of "Encouraging and developing civil aeronautics, including new aviation technolog y." 2 Granting the Petition will enhance FAA fulfillment of that commitment, ther eby serving th e 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 introdu ction into the marketplace. The drone te chnology that the Petitioner uses exemplifies

the latest innovati ve leap forward in aeronautical technology. Preventing the use of this technology in air commerce subverts achievement of the goal.

5 . Granting the Petition will fulfill the Congressional de termination that i ntegrating sUAS technology into the NAS serves the public interest. Section 330 of the FAA Modernization a nd Reform Act of 2012, specifically recognizes the advantages to air commerce obtaina ble from the deployment of sUAS technologies. I t mandated several steps by the FAA to accelerate the

availa bility of these technologies in the National Airspace System, thereby representing a congressiona l 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 ma king 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 represen t contributions to new

forms of air commer ce, thereby fulfilling the FAA’s statutory mandate under the 2012 Act.

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. 65 8 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).

2. FAA, Safety: The Foundation of Everything We Do, http://www.faa.gov/about/safety_efficiency/

.OxySure Systems, Inc.
10880 John W. Elliott Drive #600, Frisco, TX 75033

1

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- 7OXYSURE | (+1) 972

- 294

- 6450 | Fax (+1)

- 972

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www.oxysure.com 6. Gr anting the Petition will improve outcomes in many emergency situations by reducing the time it takes to deliver much needed emergency equipment or supplies, including emergency medical equipme nt and supplies, quickly a nd efficiently. In doing so, lives may also be saved,

and/or outcomes may be improved.

7 . Granting the Petition will enhance aviation safety, thereby advancing the public 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. Granting

the Petition wil l offer the Petitioner up as an example of how the FAA is willing to accommodate

t he new techn ology when it is constrained by appropriate limitations to enhance safety. It will

also allow the Petitioner t o be a role model for safe commercial sUAS operations , especially as it specifically relates to emergency and disaster response

.

In s ummary, it is the Petitioner’s belief that the size, weight, speed, operating environment, and
operating capabilities of each UAS will provide an "equivalent level of safety" or better when
operating for commercial and public interest as outlined in Sectio n 333 of the Reform Act.

Petitioner appreciates the time and consideration devoted to this request for exemption to permit
safe, legal commercial UAS operations within the NAS.

Respectfully submitted,

/s/ Julian T. Ross OxySure Systems, Inc.OxySure Systems, Inc.
10880 John W. Elliott Drive #600, Frisco, TX 75033

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www.oxysure.com APPENDIX A

FAR section Subject Justification 14 CFR § 45.23(b) Requirement to display registration number on vehicle Insufficient space on vehicle

14 CFR § 61.3 Requirement for pilot

certificate Part 61 requirements designed for manned aircraft, not sUAS;

pet ition 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 manual

14 CFR § 91.103(b) Requirement for crew

members to be onboard Unmanned vehicle

14 CFR § 91.109 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 § 91.203 (a) & (b) Requirement for registration

and airworthiness certificates

to be onboard No one aboard to read

certificates

14 CFR § 9 1.205(b) Cockpit instruments No one aboard to read 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
14 CFR § 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 manual

14 CFR § 91.103(b) Requirement for crew

members to be onboard Unmanned vehicle

14 CFR § 91.109 Require ment 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) 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