Rocketship Systems Inc.

1001A E Harmony Rd #139

Fort Collins, CO 80525

Phone: 563-613-2624

E-mail: coby@rocketshipsys.com

URL: http://www.rocketshipsys.com

July 28, 2015

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 Modernization and Reform Act of

2012 and 14 C.F.R. Part 11

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part

11, Rocketship Systems Inc. ("RSI") seeks an exemption from the Federal Aviation Regulations detailed

below for the Apollo UAS. The Apollo UAS is controlled by two different autopilots, the SwiftCore Flight

Management System or the Pixhawk Autopilot. The Apollo UAS has a maximum gross takeoff weight of 6

lbs and is a fixed wing aircraft with electric propulsion.

The requested exemption would allow RSI to pursue commercial interests in aerial data collection

using small unmanned aircraft systems. The systems proposed will be used to conduct data gathering for

surveillance, mapping, surveying, R&D and product demonstrations. RSI is the designer and manufacturer

of the Apollo UAS. The team at RSI will is experienced in operating small UAS, both fixed wing and

multicopter and will utilize a high level of experience and professionalism to conduct safe commercial

flight operations. The RSI flight team will operate in accordance with FAA N 8900.227 and utilize both a

Pilot in Command and a ground-based visual observer. RSI will also utilize emergency, lost link, and lost

communication procedures taking advantage of these capabilities in the avionics systems. All flights under

these exemptions will be conducted with the following restrictions:

1. Flights will be in Class G airspace at no more than 400’ AGL.

2. The UAS will be operated over private property only with the permission of the owner.

3. The UAS will not be operated over populated areas.

4. The UAS will not be operated within 5NM of an active airport.

5. Operations will be limited to daytime operations under visual meteorological conditions.

6. The aircraft will remain within visual line of sight of the observer at no more than 1/2NM range.

7. A NOTAM will be issued prior to flight operations.

8. The UAS will have a maximum GTOW of less than 55lbs.

9. The aircraft will be U.S. registered and display the N-number.

10. The PIC and Observer will possess the certifications required under N 8900.227.

11. No operator or observer will engage in, nor may an operator or observer permit, any activity during a
critical phase of flight which could distract any operator or observer from the performance of his/her

duties or interfere in any way with the proper conduct of his/her duties.

12. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS and

associated systems are in a condition for safe operation.

13. The PIC and observers will maintain two-way communications with each other during all operations;

if unable to maintain two-way communications, or if any condition occurs that may otherwise cause

the operation to be unsafe, the operator will immediately conclude the operation.

14. The aircraft will automatically return to a specific location if the communications link is lost.

15. All flights will be conducted below 70mph.

The regulations from which the exemption is requested are as follows. The Appendix contains details

of the RSI operations related to showing an equivalent level of safety for these exempt regulations.

• 14 C.F.R. Part 21, Subpart H

• 14 C.F.R. §91.203(a) and (b)

• 14 C.F.R. §45.23(b)

• 14 C.F.R. §61.23(a)

• 14 C.F.R. §61.113(a) and (b)

• 14 C.F.R. §61.133(a)

• 14 C.F.R. §91.7(a)

• 14 C.F.R. §91.9

• 14 C.F.R. §91.109(a)

• 14 C.F.R. §91.119

• 14 C.F.R. §91.121

• 14 C.F.R. §91.151(a)

• 14 C.F.R. Subpart E (§91.401 - §91.417)

UAS Overview

Rocketship Systems Inc is submitting this request for exemption for the Apollo airframe being flown with

the SwiftCore Flight Management System or the Pixhawk Autopilot. The SwiftCore is comprised of the

SwiftPilot autopilot, SwiftStation ground control station, and the SwiftTab user interface. The SwiftCore

has been approved for use under multiple FAA COA’s. The Pixhawk is an open source autopilot system that

utilizes a laptop as the ground station. Both avionics systems will be setup in the Apollo to follow common

UAS practices that have previously been approved for COA’s, including lost communication and lost GPS

contingencies, that incorporate return to home, autoland, and/or aerodynamic termination depending on

the combination of failures.

RSI is proposing using the to Apollo UAS to pursue further commercial applications. The Apollo

UAS has been carefully designed and tested by RSI as a robust and safe UAS that minimizes chances of

failures. In pursuing commercial applications with the Apollo, RSI will make safe and legal operations in

the NAS the highest priority.

Figure 1 below contains an image of the Apollo UAS. The Apollo has a 6’ wing span, a maximum

GTOW of 6 lbs and is constructed from a combination of foam and fiberglass. The two potential on-board

avionics systems (the SwiftCore or the Pixhawk) allow for both manual flight through an RC transmitter

and fully autonomous waypoint following using independent systems. These two systems are controlled on

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separate hardware and wireless radio systems, increasing the redundancy. The emergency and lost link

procedures designed into the SwiftCore FMS are derived from legal operations under FAA COA’s for several

years by the manufacturer, Black Swift Technologies. The Pixhawk autopilot has been programmed with

similar procedures and enjoys a large following in the open source community that includes a large amount

of flight hours. RSI proposes that small size and weight of the UAS included in this request for exemption,

flown under the guidelines of N 8900.227 will have an equivalent level of safety to manned aircraft performing

similar missions.

Figure 1: The Apollo UAS.

The name and contact information of the applicant are:

Rocketship Systems Inc

Attn: Coby Leuschke

Phone: 563-613-2624

E-mail: coby@rocketshipsys.com

RSI requests exemption under Section 333 to enable safe commercial UAS operations for the activities

stated. By approving these exemptions the FAA will create benefits to the areas mentioned that is ultimately

in the public interest. Please contact us if you require additional information or clarification.

Sincerely,

Coby Leuschke

President and Decider

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APPENDIX

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required.

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates

as required by FAR Âğ 91.203(a). RSI requests an exemption from these rules and will utilize an internal

airworthiness process based on years of experience in both the R/C hobby world and UAS.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.

14 C.F.R. §45.23(b) - Display of marks; general.

These regulations provide that each aircraft must display "N" and the aircraft’s registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAS

(maximum fuselage length of 2.5 feet), this requirement is impossible to match. The equivalent level of

safety will be achieved by having the registered N-number in 1 inch lettering on the side of the fuselage.

14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration.

Regulations provide that a person must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other

than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAS in this petition and the limited flight area and the safety features integrated in

the autopilot RSI believes that an Equivalent Level of Safety can be reached if the operator has a valid

drivers license.

14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in

Command; Commercial Pilot Privileges and Limitations

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial operations,

and §61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial

pilot certificate.

RSI requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that

above mentioned UAS may be operated by individuals who have a minimum of a sport pilot certificate.

Based upon the design features of the UAS, its autopilot system, and safety factors, the FAA should permit

operation of UAS by operators with this level of certificate when the conditions described above have been

satisfied. The above-described conditions are in-line with those set forth in Volume 16, Chapter 4, Section 1

of FAA Order 8900.1.

RSI proposes to conduct operations in accordance with these restrictions. Given these conditions and

restrictions, an equivalent level of safety will be provided by allowing operation with a sport pilot certificate.

The risks associated with the operation of the Apollo (given the size, speed, operational capabilities, and

lack of combustible fuel) are so much less than the level of risk associated with fixed wing and rotorcraft

operations, both private and commercial, as contemplated by Part 61, that allowing operations of these

UAS, as set forth above, meets or exceeds the present level of safety provided under 14 C.F.R. §61.113(a)

and (b) and §61.133(a).

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14 C.F.R. §91.7(a) - Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. RSI

requests that an exemption be granted allowing commercial operation without an airworthiness certificate.

Given the size of the aircraft and the operating procedures, an equivalent level of safety will be achieved.

14 C.F.R. §91.9(b)- Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is

in the aircraft. RSI assumes that the intent of this requirement is to ensure that flight manual information

is available to the aircrew while operating the aircraft. RSI requests an exemption to this requirement since

the aircraft is not only too small to carry documentation, but the documentation would not be available to

the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the user manual with the

ground crew.

14 C.F.R. §91.109(a) - Flight instruction; Simulated instrument flight and certain flight tests

Sections 91.109(a) provides that no person may operate a civil aircraft that is being used for flight instruction

unless that aircraft has fully functioning dual controls. The UAS in this exemption are remotely piloted

aircraft, and, by design, not equipped with fully functional dual controls. Flight control is accomplished

through the use of a control box that communicates with the aircraft via radio communications. Utilizing a

pilot skilled in remote piloting will provide an equivalent level of safety.

14 C.F.R. §91.119 - Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the UAS in this exemption will be operating at a

maximum of 400 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety RSI

will only fly over private property with the permission of the land owner. The land owner will be briefed of

the expected route of flight and the associated risks to persons and property on the ground. We maintain

that due to the small size of the Apollo UAS, the hazard to persons, vessels, vehicles, and structures is not

comparable to manned aircraft and should be considered in granting the exemption. Furthermore, RSI will

not operate over congested areas nor over any open air assembly of persons. In the event of power unit

failure and operating at 400 feet AGL, the PIC will be able to conduct an emergency landing without undue

hazard to persons or property on the ground.

14 C.F.R. §91.121 - Altimeter settings.

The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 nautical miles of the aircraft. The UAS will fly below 400 feet AGL and will not

need to maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. To provide an

equivalent level of safety, both of the autopilot systems calculate the reference altitude (ground level) with

the on-board GPS during the pre-flight tests. The GPS and barometer data are then used to calculate the

altitude in-flight.

14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions.

The regulation states that no person may begin a flight in an airplane under day-VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

As the aircraft in this request are electric-powered, this requirement is inapplicable. An equivalent level of

safety is achieved through a low battery power warning on the ground station when there is 10 minutes of

battery power remaining. Since all operations are within 1/2NM of the operator this will allow the aircraft

to safely land if this warning is active.

14 C.F.R. Subpart E (§91.401 - §91.417) - Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy

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condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft

be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. RSI

plans to have the PIC perform maintenance and inspection of the aircraft and "be authorized to approve

the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to

flight and conduct detailed inspections after every 10 flight hours. Additionally, the SwiftStation puts the

operator through a checklist prior to each launch. When using the Pixhawk, the PIC will utilize a checklist

as well. The PIC will document work performed in accordance with 91.417. We feel that due to the size,

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

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