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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 1

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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 1

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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 1

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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 1

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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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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 1

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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

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- 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