11/23/2015

TO: Hon. Michael Huerta

Administrator

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

FROM: George Matthew “Matt” True

Dow Corning Corporation

Safety and Loss Prevention

4770 HWY 42 E.

Carrollton, KY. 40045

(502)732-2202

SUBJECT: 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:

George Matthew “Matt” True

Dow Corning Corporation

Safety and Loss Prevention

4770 HWY 42 East

Carrollton, KY 40045

matt.true1@gmail.com

(812)701-5045
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 an Industrial Chemical Company based Emergency Services Department with Fire, 

Hazmat, Emergency Medical and Security as our major tasks. We respond to emergencies in and around 

our facility. We are nestled near the middle of a large Industrial area which we have been called upon 

to assist these other facilities with emergency response and mitigation as well as assisting municipal

responders. 

The Petitioner will contract with DJI representatives to receive and complete all training to become 

proficient in the safe and effective operation of the sUAV and will work closely with regional FAA 

representatives to ensure proper education, testing and compliance with any and all regulations current 

and future.

The Petitioner has formulated a business plan to utilize sUAV including but not limited to On Site 

Emergencies, Facility Security and Training. We will also establish a mutual aid agreement 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 DJI Matrice 100 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 UAS 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 Inspire or DJI Matrice 100 equipped with a threeaxis
gimbal and camera and a thermal camera for better situational awareness and mapping/documentation 

of the scene during Emergency and Training 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 10 pounds and have a maximum gross weight of approximately 20

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 and or training exercises 

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, aviation sections throughout all disciplines have been utilized for decades , and a feat that will 

become common place for aerial assessments and affordable to smaller and more rural responders will 

prove to be safe, effective and affordable.
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,

George Matthew “Matt’ True

Dow Corning Corporation

Safety and Loss Prevention

4770 Hwy 42 East

Carrollton, KY. 40045

(502)732-2202

Matt.true1@gmail.com

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 offtheshelf

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