OxySure 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 Delaware corporation, seeks an 

exemption from the Federal Aviation Regulations (FARs) listed and discussed in Appendix A in 

order to allow for the operation of small Unmanned Aircraft System (sUAS) under the conditions 

and limitations set 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, unmanned and relatively 

inexpensive sUASs 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. Other highly effective uses of sUAS 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 valuable 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, resulting 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 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:

OxySure Systems, Inc.

Attn: Julian T. Ross

Telephone: (972) 294-6450

Email: drone@oxysure.com
OxySure 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

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 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).
OxySure 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

The Petitioner is OxySure 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 products 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 responders. Automated 

External Defibrillators (AEDs) is another example of such a product 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 “bridging 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 

emergency equipment and management, 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 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 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 situation faster because 

they can fly in straight lines and avoid traffic situations. If the emergency is of a medical nature, 

then by 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 lives 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, real-time video streaming can provide navigation and guidance 

and also 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.

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 flight 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

1-888-7OXYSURE | (+1) 972-294-6450 | Fax (+1) -972-294-6501

www.oxysure.com

 UAS will be operated under visibility and cloud clearance requirements 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 safety features.

Examples of vehicles that the 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 include 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 from class B, C, and D 

airspace as well any TFR’s (Temporary Flight Restricted) areas. The vehicles also have the builtin 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 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 batteries.

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, where 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 communication 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 information.

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

1-888-7OXYSURE | (+1) 972-294-6450 | Fax (+1) -972-294-6501

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 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 and access 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.

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 the use of this 

technology 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.

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). 

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

1-888-7OXYSURE | (+1) 972-294-6450 | Fax (+1) -972-294-6501

www.oxysure.com

6. Granting 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 equipment and supplies, quickly and 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 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, especially as it 

specifically relates to emergency and disaster response.

In summary, 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 Section 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

1-888-7OXYSURE | (+1) 972-294-6450 | Fax (+1) -972-294-6501

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;

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 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 § 91.205(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 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) 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