October 26, 2015

UAS Classes, LLC 62W Hidden Valley Road Shady Shores, TX 76208 USA
U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Regarding:

Petition for Exemption and Relief from Specific Regulations of Title 14 of the Code of Federal Regulations Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95) Regarding Commercial Employment of Unmanned Aircraft Systems (UAS).

Dear Sir/Madam,
Pursuant to Section 333 of Public Law 112-95 commonly known as the "FAA Modernization and Reform Act of 2012", UAS Classes, LLC hereby petitions for authorization to conduct commercial small unmanned aircraft systems (sUAS) operations within the United States National Airspace System (NAS) for the purpose of developing instructional best practices, technology demonstration, aerial data collection, and aircraft systems research. These operations shall be conducted within the scope and conditions outlined herein or as may be established by the FAA as required by Section 333.
The founders of UAS Classes, LLC are Kyle Hardman and Jonathan Brandenburg. Kyle is an aircraft airframe structures design engineer supporting aircraft certification. He has been designing and testing unmanned aircraft systems, both fixed wing and rotorcraft for over 35 years. Jonathan is a systems embedded software engineer and holds an FCC General class amateur radio license. Both Kyle and Jonathan are FAA licensed pilots (multiple ratings) possessing valid Airman's Certificates.
The granting of this exemption will benefit the aircraft pilot community by providing a means to develop a systematic and safe transition training approach for pilots wishing to transition to sUAS operations. UAS Classes recognizes that the operation of a sUAS is a skill set unique from the piloting of manned aircraft. UAS Classes is committed to delivering the required airman's knowledge to the emerging ranks of UAS operators. UAS Classes will develop Small Unmanned Aircraft Systems (sUAS) with design features aimed at enhancing safety during transition training.Aircraft List

UAS Classes, LLC seeks an exemption to legally operate the following sUAS for compensation or hire.

UAS Classes — 1: A multi-rotor VTOL sUAS constructed from commercially available "off-theshelf" and purpose designed/fabricated components. Configuration control provided by maintained bill of material (BOM).

• Total weight - 7.4kg (16.3 Ibs.) gross • Dimension - 550 mm (diagonal does not include rotors) • Airframe materials - Carbon and Glass Fiber Composiites, Aluminum, and Plastics
• Powerplant — quantity 4, Hacker A30-14L brushless electric motor, 400W (nominal), 500W (15 sec. )
• Rotors — quantity 4, 12x4.5 SF Carbon Fiber Propellers L/H and R/H Rotation
• Battery — quantity 2, Lithium-polymer (LiPo) 8000 mah, 14.8V • FCC — NAZE32
• ECS — quantity 4, Turnigy Multistar 40A V2
UAS Classes — 2: A Single-engine fixed wing sUAS constructed from commercially available "off-the-shelf" and purpose designed/fabricated components. Configuration control provided by maintained bill of material (BOM).

• Total weight — 6.8kg (15.0 Ibs.) gross • Dimension — 3m (114 in.) wingspan • Airframe materials — Carbon and Glass Fiber Composiites, Aluminum, Wood, and Plastics
• Powerplant — Internal combustion 0.78 in 3 displacement — 1.8 HP • FCC — NAZE32
Flight Profile and Operations UAS Classes, LLC shall operate sUAS for compensation under the following profiles and flight scenarios:

• Testing and or utilization of customer's payload within controlled conditions for aerial data collection. Operations conducted above privately owned property with the consent of the landowner. AII data collected is the property of the landowner. • UAS Classes owned payloads for above listed operations. • Technology demonstrations.
• Transition training for qualified FAA certificated pilots holding at least a private or sport rating.
• Training systems development flights utilizing FAA certificated pilots holding at least a private or sport rating.Equivalent Level of Safety

UAS Classes, LLC shall operate sUAS in a manner that provides an equivalent or better level of safety to manned/conventional aircraft operations performing similar task. The following protocols shall be adhered to ensure the public safety: • The sUAS Operator shall possess a valid Airman's Certificate with a minimum of a Private or Sport rating. • The sUAS Operator shall have met the requirements as specified in 14CFR 61.56 for flight review in an aircraft in which they are rated. • Before performing commercial operations under the proposed exemptions, the sUAS Operator shall have logged a minimum of five hours in the specific make and model of sUAS and in the previous 90 days performed three take-offs and landings (reference 14 CFR 61.51 (b)).
• Transition training, proficiency, and experience flights shall be conducted in an area free ofindividuals not essential to flight operations. Appropriate distance shall be maintained for all nonparticipants in accordance with 14 CFR 91.119.
• AII flight operations that utilize first person video (FPV) shall also utilize a properly trained observer in direct communication with the sUAS Operator.
The regulations from which UAS Classes, LLC seeks exception or relief are as follows:
14 CFR, Part 21, Subpart H: Airworthy Certificates 14 CFR §91.203 (a)(1) Section 91.203(a)(1) 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 § 91.203(a)(1). The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions hereby proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR § 45.23 (b); 91.9 (c): Marking of the Aircraft Part 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter "N" (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable. Part 91.9 (c) provides:

No person may operate a U.S.registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. The proposed UAS are by definition "unmanned" and thus have no provisions for entrance to the cabin, cockpit, or pilot station on which markings can be placed. Given the size of the sUAS, two inch lettering will be impossible. Official marking systems for small UAS have not yet been established for operations inside the NAS. In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N-number) markings in accordance with 14 CFR Part 45, Subpart C if the markings are as large as practicable." The petitioner additionally proposes to place all required markings, placards, flight envelope restrictions, cautionarynotices in an easily visible location at the UAS Ground Control Station. The FAA has issued the following

exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A and 10700.



### 14 CFR § 

### 61.113 (a)(b): Private Pilot Privileges and Limitations: Pilot in Command Pursuant to 14 CFR 61.113 (a) &(b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Request relief with limitations and conditions specified in this petition.



### 14 CFR § 

### 61.133 (a): Commercial pilot privileges and limitations The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Request relief with limitations and conditions specified in this petition. 

### 14 CFR §91.7(a): Civil Aircraft Airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.



### 14 CFR § 

### 91.9 (b)(2): Civil Aircraft Flight Manual in the Aircraft Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. 

### 14 CFR § 91.103: Preflight Action The regulations require each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 

### 14 CFR §91.109 (a): Flight Instruction Section 91.103 provides:

No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Remotely piloted aircraft, by their design, typically do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft's onboard flight control computer (FCC) via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft (see exemption nos. 5778K and 9862A). The equivalent level of safety is provided by the fact that neither a pilot nor passengers are carried in the aircraft and by the size and speed of the aircraft. UAS Classes, LLC will conduct all flight training through procedures specified in our Training Instruction Manual during dedicated training sessions.

### 14 CFR §91.119: Minimum Safe Altitudes

As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 Ibs. proposed herein, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 400 ft. AGL. In addition, the low-altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

### 14 CFR §91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.



### 14 CFR § 

### 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed –(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of battery power— whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 

### 14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. .. .(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 Ibs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.14 CFR §91.405 (a); 407 (a) (1); 409 (a)(1) and (a)(2); 417(a)(b): Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If inechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.
The name and address of the applicant is: UAS Classes, LLC Members: Jonathan Brandenburg and Kyle Hardman 62W Hidden Valley Road Shady Shores, TX 76208 USA
Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the applicant's UAS.

Respectfully,

Jonathan Brandenburg Kyle Hardman
Chief Executive Member Member