April 29, 2015

U.S. Department of Transportation, Docket

Operations West Building Ground Floor, Room

w12-140

1200New Jersey Avenue, SE Washington, DC 20590

Subj: Petition for Exemption to Operate the DJI Phantom 2 Quad-Copter

Unmanned Aerial System for official government aerial photography and 

evaluation of emergency response scenes and operations. Castle Rock 

Fire and Rescue Department is tasked under Colorado Revised Statute 

(CRS) 32-1-1002 with the responsibility of emergency response, fire 

suppression and investigation into the origin, cause and circumstances of 

every fire / explosion incident within our response area. Further the fire 

department responds to a wide variety of emergency related fire, rescue 

and medical responses each year. The use of the unmanned aerial system

(UAS) provides the fire department with an aerial perspective of these 

incident scenes that cannot be obtained from the ground, and provides an 

additional tool that has proven useful in the management and mitigation of 

emergency incidents. The types of uses the fire department will utilize the 

UAS for will include, but not limited to: aerial photography of fire / arson 

/ hazmat or other related investigation scenes to better document the area 

for the investigation and subsequent court presentations, aerial 

photography and live feed of active emergency incidents to the on-scene 

incident commander(s) to allow better deployment of resources on the 

ground, aerial photography of new construction developments within our 

jurisdiction to aid in the development of response strategies and mapping 

capabilities. The UAS technology can easily access hazardous materials 

response areas to capture and feed images to the on-scene incident 

commanders. These images can clearly identify the possible hazardous 

chemicals present, and provide excellent information leading to the 

successful mitigation of life threatening responses. As a former FBI 

Explosive Technician Rick L. Young also can realize a benefit of the 

unmanned aerial technology to provide post explosion blast photography 

and evaluation of these types of scenes where on the ground technology 

cannot provide the benefits. All uses of the UAS will be part of the onscene incident management system used during responses. 

- 1 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
Dear Sir or Madam:

The purpose of this letter is to petition the Federal Aviation Administration for an exemption

from certain Federal Aviation Regulations in order for the petitioner, Castle Rock Fire and 

Rescue Department – Rick L. Young, to operate an Unmanned Aerial System (UAS) within the

jurisdictional response area of Castle Rock Fire and Rescue, and automatic aid response areas, in

furtherance of our abilities to provide the highest quality emergency fire and life safety response 

service to our community. 

Rick L. Young, and Castle Rock Fire and Rescue Department are well acquainted with the risks

that come with the privilege of operating an unmanned aerial system in the United States, but also

with the opportunities available via new unmanned flight technology we have already 

demonstrated that this tool will aid in the response efforts of those combatting emergencies. 

Rick L. Young has logged over 100 hours of flight time on single-engine fixed wing unmanned 

remote control aircraft, and over 300 hours on unmanned remote control rotor aircraft. Rick L. 

Young also has more than 60 hours of flight time with the DJI Phantom 2 Quad-Copter

UAS unmanned aircraft that is the subject of this Petition.

As a 38 year veteran of fire and law enforcement, the petitioner would like to combine the

benefits of an unmanned aviation platform with his profession as an emergency responder to

further the opportunities for enhancing the safety of the responders, ability to evaluate 

emergency scenes from another perspective and provide aerial imaging services during 

emergency responses for the safety of the public at large.

Accordingly, and pursuant to 14 CFR §§ 11.61-.103 and Section 333 of the FAA

Modernization and Reform Act of 2012, PL 112-95 (Feb. 14, 2012), the petitioner is submitting

the following information with thisrequest:

Identity of Petitioner.

Petitioner: Rick L. Young / Castle Rock Fire and Rescue Department

300 Perry Street - Castle Rock,CO80104

(303)660-1066

ryoung@crgov.com

- 2 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
Description of Operations.

A. The UAS that is the Subject of this Petition.

Rick L. Young is the owner / operator of a UAS DJI Phantom 2 Aerial Kit unmanned aircraft,

and its associated portable ground station controller (together the "Subject UAS"). The

subject UAS is a quad-copter with a GoPro camera mounted beneath it, piloted via a portable 

ground station. It has an empty weight of approximately 1,000 grams, and a maximum

weight of 1,390 grams, with the GoPro Hero IV mounted as payload. The UAS was purchased

in January 2015. The Phantom 2 is a widely known unmanned aircraft, and is the same type of

aircraft that was recently the subject of numerous grants of exemption by the FAA. See In re

Douglas Trudeau, FAA Exemption No. 11138 (Jan. 5, 2015).

The portable ground station used to pilot the unmanned aircraft is a two-channel, wireless

communication device using an FCC-compliant 5.8GHz frequency band for the video link, and

a 2.4 GHz transmitted. The subject UAS is equipped with lost-link capability, which enables the 

Phantom 2 to enter a fail-safe Return-to-Home Mode in the event that the link between the

aircraft and the ground station is lost.

The subject UAS can operate for a total of approximately 20 minutes on one battery charge. It

has a maximum range from the ground station of 2,300 feet. However, it also has

programmable height and radius limits to establish an operations area. Without programming

the subject UAS, it has a default height limit of 393 feet AGL.

In the case of Castle Rock Fire and Rescue the UAS will not exceed the 200 foot ceiling as 

noted in the March 23, 2015 determination by FAA to grant a “Blanket” COA for these types of 

flights. The jurisdiction in which Castle Rock Fire and Rescue operates also meets all the other 

criteria for the “blanket” COA.

B. The UAS Pilot in Command.

Mr. Rick L. Young began flying remote control aircraft in the early 1980’s. As noted above Rick 

L. Young has 400+ hours of accumulated flight time.

Mr. Rick L. Young has never been subject to an FAA enforcement action.

- 3 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
C. UAS Operating Parameters and Intended Mission Profile.

Mr. Rick L. Young is a 38 year career law enforcement and fire technician who is a Certified 

Colorado Peace Officer, with over 25 years career and reserve service. I have attended the 

National Fire Academy classes on Fire and Arson Investigation, Fire Code Management, 

Hazardous Materials, and other related programs. Since 1981, I have attended in excess of 80 

hours of training per year dedicated toward investigation of Fire, Explosion and Hazardous 

Materials scene investigations; fire cause and origin, Fire Prevention, interview and 

interrogation. I have instructed for the National Fire Academy, Red Rocks Community 

College, and for the State of Colorado in Fire, Arson, Explosives, law enforcement related 

classes and Hazardous Materials. I am a certified Hazardous Materials Technician / 

Specialist, and also possess an instructor’s credential in the field. I attended the (FBI) Federal 

Bureau of Investigation four week Explosive Technician (Bomb Tech) School and received a 

Certification as an Explosives Expert. I served as a bomb technician with the Arapahoe 

County Sheriff’s Office Bomb Squad for a period of 12 years. Until June 2002, I was an FBI 

Certified Bomb Technician, and remain an active member of the International Association of 

Bomb Technicians and Investigators (IABTI). I have testified numerous times in County, 

State and Federal Court as an expert in fire and explosion investigation, hazardous materials, 

code enforcement and other related subject areas. I am employed as Fire Prevention Officer / 

Investigator with the Castle Rock Fire and Rescue Department. I am a Colorado P.O.S.T. 

Certified Peace Officer in the State of Colorado and meet the required training hours as 

required by CRS 16-2.5-109 through the fire Department. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Rick L. Young proposes that the exemption requested herein apply to civil aircraft that have

the characteristics and that operate with the limitations listed herein. These limitations provide

for at least an equivalent or even higher level of safety to operations under the current

regulatory structure because the proposed operations represent a safety enhancement to

operations that would be conducted with conventional aircraft. These conditions are drawn

from Exemptions 11062 through 11067, 11080, 11109, and 11110.

These limitations and conditions to which Rick L. Young (“Operator”) agrees to be bound

when conducting UAS operations under an FAA issued exemption include:

1. All operations will be conducted below 200' AGL, and within a radius distance

of 800' from the portable ground station.

2. Each operation will consist of one flight not greater than 20 minutes in 

duration under the authorization of the emergency incident commander.

3. A fixed location will be determined for the portable ground station as 

approved by the Incident Commander in charge of the response in 

progress.

- 4 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
4. Mr. Rick L. Young will act as the pilot in command and will have direct

line of sight visual observation of the aircraft at all times, and operate only

within visual line of sight. He will conduct all operations under his own

personal and flight safety protocols from his control station.

5. In terms of proximity to the scene or structures being photographed, Mr. Rick 

L. Young may operate in a close proximity to the scene, and in some cases

as close as 25' away from the scene. When that happens, he will operate

at less than two miles per hour, making the risk of collision negligible.

6. Prior to the start of a flight, Mr. Rick L. Young will activate and use the

UAS's global positioning system flight safety procedure and lost-link

procedure to ensure return of the aircraft in the event of a lost link or

compromised communication.

7. On each mission, the aircraft will return to the control pad with no less

than five minutes of battery power remaining.

8. Each mission will last for no more than twenty minutes of flight time.

9. No missions will ever occur within the airspace of a specific airport or

controlled airspace, in fact in most cases the airspace above these types of 

emergencies is restricted due to the nature of the emergencies.

10. All flights will occur during permissible weather conditions, and during hours 

where ambient light is present.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Rick L. Young submits that granting of this exemption application for use of the UAS in

emergency and not-for-profit operations will advance the Congressional mandate in Section

333 of the Reform Act to accelerate the introduction of UASs into the NAS if it can be

accomplished safely. This law directs the Secretary of Transportation to consider whether

certain UASs may operate safely in the NAS before completion of the rulemaking

required under Section 332 of the Reform Act. In making this determination, the Secretary

was required to 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)(1). If the Secretary 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) (emphasis added).

- 5 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§ 40101 of the Act, from the requirement that all civil aircraft must have a current

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft

in commercial service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of Sections 44702-44716

of this title if the Administrator findsthe exemption is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction

in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and

the significant public benefit, including enhanced safety and cost savings associated with

transitioning to UASs for aerial surveying. 

Accordingly, the applicant respectfully requests that the FAA grant the requested

exemption without delay.

- 6 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
Specific Sections of 14 CFR From Which Petitioner Seeks an Exemption.

Petitioner, Rick L. Young, pursuant to the provisions of the Federal Aviation Regulations (14

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333,

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 2 Vision UAS in the National Airspace System (NAS),

and for an exemption from the requirements of: 

14CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness

14CFR Part 36 Noise standards: Type and airworthiness

14 CFR § 45.23 Display of marks; general

14CFR Part 61 Certification: Pilots, flight instructors, and ground 

instructors

14 CFR § 91.7 Civil aircraft airworthiness

14 CFR § 91.9 Civil aircraft flight manual, marking, and placard

requirements

14 CFR § 91.103 Preflight action

14 CFR § 91.105 Flight crewmembers atstations

14 CFR § 91.109 Flight instruction

14 CFR § 91.119 Minimum safe altitudes

14 CFR § 91.121 Altimeter settings

14 CFR § 91.151 Fuel requirements for flights in VFR conditions

14 CFR § 91.173 ATC clearance and flight plan in IFR conditions

14 CFR § 91.203 Civil aircraft: Certifications required

14 CFR § 91.207 Emergency locatortransmitters

14CFR Part 91, Subpart E Maintenance

- 7 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
TheExtent of Relief Sought, and Reasons for Seeking theExemption.

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, Rick L. Young’s operation of DJI Phantom 2 Vision+ UAS

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Rick L. Young

requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b), as these sections set forth requirements for maintenance that only apply to aircraft with an

airworthiness certificate.

Rick L. Young submits that the requested relief is proper since an equivalent level of safety will 

be ensured. Rick L. Young will use experienced personnel or technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore Rick L. Young will

document and maintain all maintenance records for the DJI Phantom 2 Vision+ UAS.

14 CFR Part 21, Subpart H. Part 21 establishes the procedures for issuance of 

certificates of airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333

and 49 U.S.C. § 44701(b), the FAA may exempt aircraft from airworthiness certification.

The petitioner requests an exemption from the requirements of this Part because the

size, weight, speed, operational capability and proximity to airports in which the Subject

UAS pose significantly less of a risk that the risks posed by conventional aircraft. 

Manned aircraft pose risks to the life and safety of the crew; that is not a consideration

with the Subject UAS. Risks to third parties are also minimized given the lightweight and

slow speed at which the Subject UAS would operate. Nor are there risks of fuel spillage or

fire in the event of an accident. Thus Mr. Rick L. Young requests that the FAA waive the 

requirement that the Subject UAS, particularly the aircraft portion, require an airworthiness

certificate. 

14 CFR Part 36. FAR Part 36, Subparts A, F and 0, establish certain noise standards for

certification of various aircraft types. Because the Subject UAS would not have an

airworthiness certificate, and given its small size and negligible noise impact, the

petitioner requests an exemption from FAR Part 36.

14 CFR § 45.23. FAR Part 45.23 establishes marking requirements for aircraft;

paragraph (b) mandates that the registration number be displayed in letters not less than

two inches in height. The Subject UAS is small enough that it cannot accommodate the

type-size requirement. Accordingly, Mr. Rick L. Young requests an exemption from this

part.

- 8 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
14 CFR Part 61. FAR Part 61 sets forth the certification requirements for pilots.

Subpart E establishes the privileges and limitations for holders of a private pilot certificate.

The petitioner requests an exemption that would allow him to operate the Subject

UAS for compensation or hire for the reasons articulated in In re Trudeau, FAA

Exemption No. 11138, and In re Astraeus, FAA Exemption No. 11062. Mr. Rick L. 

Young will operate the Subject UAS over property where the emergency response entity 

has emergency control in accordance with Colorado Revised Statutes to control.

Furthermore, Mr. Rick L. Young meets the knowledge base and skill level for operating

an UAS. He thus requests and exemption from the requirement that he hold a commercial

pilot certificate.

14 CFR § 91.7. Under FAR 91.7, no person may operate an aircraft unless it is in an

airworthy condition. To the extent that "airworthy" is defined as requiring an

airworthiness certificate, the petitioner would request an exemption from this FAR for

the same reasons identified in his request for an exemption of 14 CFR Part 21, Subpart H.

Rick L. Young will not, however, operate the Subject UAS if it is not in a condition for safe

flight, as required under FAR 91.7(b).

14 CFR § 91.9. Petitioner requests exemption from the requirement of FAR 91.9, which

requires that all aircraft have certain markings, placards and on-board flight manuals for

the same reasons as stated in his request fro exemption under 14 CFR Part 21, Subpart H, 

and for a deviation from the marking requirements of 14CFR Part 36, Subparts A, F, and 0.

14 CFR § 91.103. FAR 91.103 mandates certain pre-flight action. Rick L. Young will take

all necessary pre-flight action, but requests an exemption from this requirement insofar as

it is interpreted as requiring pre-flight actions appropriate to manned aircraft only (e.g.,

that flights be from an airport, etc.).

14 CFR § 91.105. FAR 91.105 mandates that crewmembers be at designated stations,

have safety belts fastened, etc. Rick L. Young would be at a designated ground station 

for each mission, but requests an exemption to accommodate the fact that the Subject UAS

is unmanned.

14 CFR § 91.109. This FAR requires that all flight instruction be conducted in aircraft

that have dual controls, or throw-over controls, with an instructor. From time to time

the Rick L. Young will conduct his own refresher training, but requests an exemption

insofar as this FAR would be interpreted to require that the ground control station have a

second controller or dual- control capability.

14 CFR § 91.119. FAR 91.119 sets forth the minimum safe altitudes over various areas.

Rick L. Young requests an exemption from this this FAR in order to accomplish the

intended function of the mission for which he seeks an exemption.

- 9 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
14 CFR § 91.121. FAR 91.121 mandates various altimeter settings in order to maintain

level flight. Rick L. Young requests and exemption from this FAR asthe Subject UAV will

not have an altimeter that matches the requirements of this FAR. Operations with the

Subject UAV will, however, maintain altitude below the 200' AGL ceiling by Rick L. 

Young monitoring the altitude of the UAS and through the subject UAS's ability to

establish a flight zone that cannot exceed the ceiling.

14 CFR § 91.151. Rick L. Young requests an exemption from the VFR-flight fuel

carrying requirements because the Subject UAS will operate on battery power.

Operations with the Subject UAS will, however, maintain a five-minute reserve battery

time.

19 CFR § 91.173. Rick L. Young requests an exemption from the !FR-clearance

requirement for flights into controlled airspace. It is possible Rick L. Young may operate

the Subject UAS in conditions where controlled airspace has been restricted by the 

Incident Commanders controlling the emergency response operations, however the use of 

the UAS will be instrumental in their ability to manage the incident and would require 

flight in the restricted commercial airspace. All operations will be conducted with

complete and unfettered line of sight visibility with the Subject UAS.

14 CFR § 91.203. FAR 91.203 requires that a civil aircraft have an airworthiness

certificate and a registration certificate. Rick L. Young requests that he be exempt from

complying with this FAR insofar as it mandates issuance of an airworthiness certificate,

for the reasons stated in his request for an exemption under 14CFR Part 21, Subpart H.

14 CFR § 91.207. FAR 91.207 prohibits operation of a US-registered aircraft unless it is 

equipped with an emergency locator transmitter. Given the limited distance of flights of

the Subject UAS, Rick L. Young requests and exemption from this FAR.

14 CFR Part 91, Subpart E. FAR 91, Subpart E requires that owners or operators of 

aircraft have the aircraft inspected at certain intervals, and by certain mechanics. Rick 

L. Young requests an exemption from this Subpart because the Subject UAS has a

trouble-shooting and maintenance program that is best executed by the owner/operator,

and is simply different from the maintenance of manned aircraft. Rick L. Young will,

however, maintain a maintenance log and any maintenance records of repair of the Subject

UAS.

- 10 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
Public Interest and Benefit Considerations.

Aerial imaging of emergency response incidents generally require use of a manned platform

which poses an increased life safety concern. Close-proximity aerial photography is difficult to

do with a manned platform, and usually requires the use of a helicopter or slow-moving aircraft

at an appropriate distance over a populated area. The operation must be conducted in VFR

conditions, and adds aircraft in congested airspace.

By using the subject UAS, Rick L. Young aims to provide the emergency responders and incident 

commanders with quality aerial photography at a fraction of the cost and risk involved with

manned flight. Furthermore, the risks inherent with manned flight are significantly reduced

where the aircraft conducting the operation is less than five pounds, remains below 200' AGL,

and can operate within a very confined cylinder on or directly over the location being 

photographed. Finally, Rick L. Young has the knowledge and experience to conduct a safe,

efficient flight operation in furtherance of his primary occupation as a public safety employee.

Thus the public will be better served by having more affordable aerial option available, and

through an operation that is being conducted by a qualified individual.

Why the Exemptions Would Not Adversely Affect Safety.

The proposed operations will not adversely affect safety for five primary reasons.

First, the operations will be conducted in airspace where there is typically no activity among

other users of the NAS. Flights are limited to property over which the emergency response 

entity, incident commanders have requested that the subject UAS operate, so the incident 

commanders will be aware of the flight operation. Rick L. Young fully recognizes the dangers

that a small UAV could pose to all types of manned aircraft. The operations he is proposing to

undertake pending approval of this Exemption Request are operations where manned aircraft will

not fly, or in the case that firefighting aircraft are being utilized the incident commander will have 

complete control over which aircraft are operating in the airspace. There would be a rigid

separation between where a manned aircraft can fly (particularly due to FAR 91.119 which

establishes minimum safe altitudes, to include an absolute prohibition of operating an aircraft

within 500' of any structure) and where Rick L. Young would operate the UAV.

Second, the subject UAS is simply not a large aircraft. Weighing in at a maximum of five pounds

fully loaded, the likelihood that it would damage property or injure a person is not low, even in

the event of a mishap. Furthermore, aerial imaging is still something done via manned aircraft,

and the risk there is at least equal to the risk posed by the proposed operation.

Third, the subject UAS has inherent lost-link capabilities to bring it back to its operating base for

each mission. It is a redundant system for a more foreseeable problem that could arise.

Fourth, the subject UAS will be operated only by the petitioner, Rick L. Young has sufficient

flight time and experience with the UAS aircraft to conduct a safe operation.

Fifth, the subject UAS will be operated only under the approval of the emergency scene incident 

commander where safety of emergency responders on the ground can be controlled.

- 11 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
Language for Inclusion in the Federal Register.

Rick L. Young proposes that the following language be included in the Federal Register:

Petition for Exemption.

Federal Aviation Regulations from which Petitioner seeks exemption: 14

CFR 14 CFR Part 21, Subpart H; Part 36; § 45.23; Part 61; §§ 91. 7;

91.9; 91.103; 91.105; 91.109; 91.119; 91.121; 91.151; 91.173; 91.203;

91.207; and 14 CFR Part 91, Subpart E.

Description of Relief Sought: The petitioner is seeking an exemption

from the above-referenced Federal Aviation Regulations to conduct

aerial photography using a light, unmanned aerial vehicle for emergency 

response entities and incident commanders seeking to provide aerial

images of emergency incident scenes being managed within the response

area.

Conclusion.

Rick L. Young thanks the FAA for considering this request. Please do not hesitate to contact

me should there be a need for additional information. I look forward to working with the FAA

in its determination, and to being part of the discussion as the FAA considers how to

expand, train, test, register, track and control commercial UAV use in the United States.

Respectfully Submitted

Rick L. Young

Petitioner

- 12 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department
EXAMPLES OF AERIAL SCENE PHOTOGRAPHY

 

ANOTHER ACTIVE FIRE SCENE:

 

- 13 - Exemption Request

Rick L. Young / Castle Rock Fire and Rescue Department