7/1/2015

Northern Colorado Search and Rescue 

2700 Stanford Rd.

Fort Collins, CO 80525

(970) 999-1197

Contact@NOCOSAR.org

Hon. Michael Huerta 

Administrator 

Federal Aviation Administration 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Regulations from certain parts of the FARs. 

Dear Administrator Huerta: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Northern Colorado Search and Rescue, a Colorado Non-profit corporation, hereby applies 

for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow it to operate a small 

Unmanned Aircraft System (“sUAS”) under the conditions and limitations set forth in this Petition. 

The requested exemption would permit the operation of small, unmanned and relatively inexpensive 

sUAS 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 our communities. Approval of this 

exemption would thereby enhance safety and fulfill the FAA Administrator’s responsibilities to 

“...establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Northern Colorado Search and Rescue

Attn: Ryan Medhurst

Telephone: (970) 999-1197

Email: Contact@NOCOSAR.org

Address: 2700 Stanford Rd., Fort Collins, CO 80525
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 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 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 Administrator must 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 § 333 (a). 

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.” Id. § 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 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).

The Petitioner is a startup organization, Northern Colorado Search and Rescue, The founding member of 

the organization is a retired Military Veteran with training, both academically and militarily in 

Emergency Management. Prior to starting Northern Colorado Search and Rescue, the founder worked as 

an Emergency Vehicle Technician and Law Enforcement Explorer. Additionally, the founders have a 

strong interest in UASs and have been recreationally flying them for approximately 2 years, amassing 

over 300 hours of flight time. 

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

State and Federal entities. The plan is to use small UAS’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 UAS 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 improbable for First 

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

UASs due to turnover and other training requirements that take priority. 

Under the plan, the Drones will be DJI Inspires, DJI Phantom 2s 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 Petitioner who has considerable experience flying UAS. Prior to operating the 

drones all pre-flight checks will be conducted as per the Petitioners SOP (Standard Operating 

Procedures). Safety will be the paramount concern in defining flight profiles. 

Petitioner also notes and has read the congressional mandate in sections 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 if it, as it prefers, complies with FAA policy. 
Vehicle The Petitioner will fly one or more DJI Phantom 2s, DJI Inspires equipped with a three-axis 

gimbal and camera and a thermal camera for better situational awareness during SAR and Wild land Fire 

mapping missions and other prior FAA 333 exempted fixed wing or multirotor UAS aircraft. 

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 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, SAR rep or Police rep, 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 enable the Petitioner to demonstrate that Veterans can still thrive and be a 

part of the business community, regardless of any setbacks they may endure. This alone is in keeping 

with the Presidents stated ideology as well as the Veterans Administrations vision and in the public’s 

interest. 

5. 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. 

6. 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. 

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. 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, http://www.faa.gov/about/safety_efficiency/.

Respectfully submitted, 

Northern Colorado Search and Rescue 

2700 Stanford Rd.

Fort Collins, CO 80525

(970) 999-1197

Contact@NOCOSAR.org

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 
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-theshelf 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 § 91.151(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