Planck Aerosystems Inc, 3106 Maple St, San Diego, CA 92104 Ph: (619) 770-8150 www.planckaero.com

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21 April 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 Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam:

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

Part 11, Planck Aerosystems Inc requests an exemption from several provisions of the the Federal 

Aviation Regulations ("FARs") identified below, to allow commercial operations of RDASS small 

unmanned aerial system (sUAS) for aerial imaging of objects on or below the surface of the ocean or 

other waterways, so long as such operations are conducted within and under conditions outlined herein 

or as may be established by the FAA as required by Section 333. 

The RDASS is an all-weather, electric powered, quad rotor, vertical takeoff and landing (VTOL) sUAS that 

is capable of capturing and transmitting live airborne video and still photographs as well as health and 

status information to a ground control station (GCS). The RDASS has a maximum weight of 3.5 pounds 

fully loaded, can fly for up to 45 minutes with extended battery pack, and comes equipped with dual 

redundant radios for command and control that operate at 900 MHz and 2.4 GHz. 

The RDASS is built by Leptron of Denver, Colorado, and is distributed by HSE-UAV of Illinois. It was 

developed for military and first responder applications, but has been repurposed for commercial and 

civil uses. The RDASS sUAS was selected for its ability to fly in moderate and gusty winds and rain, as 

well as general weatherproofness so that it can survive occasional splashes that may be encountered, 

thereby improving its overall reliability and safety. It also has an established maintenance schedule 

provided by the manufacturer. 

This exemption would apply to operation of the sUAS by a pilot who hold a commercial pilot license, 

have a valid medical certification, and have thoroughly reviewed all manuals and documentation 

provided by the aircraft manufacturer. In addition, aircraft maintenance will be performed at regular 

intervals according to the manufacturer’s maintenance plan. 

The RDASS’s capabilities, along with Planck Aerosystems’ pilots experience, make it ideally suited to 

conduct aerial surveying and identification of surface and subsurface objects in water, including boats, 

logs, fish, rocks, kelp, reefs, marine mammals, etc. The aircraft will be operated with the following 

restrictions:
Planck Aerosystems Inc, 3106 Maple St, San Diego, CA 92104 Ph: (619) 770-8150 www.planckaero.com

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 All operations will occur in the field within Visual Line of Sight (VLOS) in Class G airspace with 

both a Pilot in Command (PIC) as well as a nearby Visual Observer (VO) who will be within voice 

distance of the PIC at all times. 

 Operation would occur at no more than 400’ AGL, typically over water, except for take-off and 

landing procedures. 

 The aircraft will not operate over populated areas

 The aircraft will not be operated over assemblies of people

 The aircraft will not operate within 5NM of an airport

 The aircraft will only be operated in good weather with light winds predicted

As a result of the RDASS’s size, weight, speed, range, capabilities, and reliability, as well as the limited 

operation over water and far from populated areas detailed in this petition, it does not pose a hazard to 

the public or any users of the national airspace. In addition, it does not pose a threat to national 

security. In fact, granting this exemption would be in the public’s interest and benefit the public as a 

whole by permitting the detailed mapping of subsurface obstacles, and enabling applications for marine 

science and maritime security. 

The name and contact information of the application are: 

Planck Aerosystems, Inc

Attn: David Twining

Address: 3106 Maple Street, San Diego, CA 92014

Phone: (510) 292-6235

Email: dave@planckaero.com

Planck Aerosystem’s exemption request includes the following regulations, with additional details 

below:

14 CFR Part 21

14 CFR 45.23

14 CFR 45.27

14 CFR 45.29

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151

14 CFR 91.405

14 CFR 91.407

14 CFR 91.409

14 CFR 91.417
Planck Aerosystems Inc, 3106 Maple St, San Diego, CA 92104 Ph: (619) 770-8150 www.planckaero.com

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14 CFR Part 21, Subpart H: Airworthiness Certificates

The RDASS aircraft is safe and fit for operation under the conditions listed in this petition. In particular, 

the aircraft will be flown for research and development purposes exclusively over water, far from people 

or other vessels, in Class G airspace. The aircraft will not carry persons or fuel, is small and lightweight, 

and is at least as safe as manned aircraft performing the same operation. Subject to the conditions and 

limitations listed in this petition, the aircraft meets the requirements for an equivalent level of safety. 

14 CFR 45.23 Display of marks; general; 14 CFR 45.27 Location of marks; nonfixed-wing aircraft; 14 CFR 

45.29 Size of marks

The small UAS included in this petition does not include certain features, such as cabin or cockpit, to 

mark according to this regulation. In addition, the aircraft is too small to legibly accommodate the 

lettering size listed in the regulation. In lieu of this, we propose marking the aircraft with the word 

“Experimental” and/or other identifying numbers in as large of letters as possible such that the PIC and 

VO may be suitably able to identify the aircraft. In addition, the ground control station will also be 

clearly marked to make it clear to observers that it is associated with the sUAS. 

14 CFR 91.119 Minimum safe altitudes: General

This regulation establishes safe alitudes for operation of aircraft, and requires that the aircraft may not 

operate closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft listed in this 

petition will operate at a maximum of 400 feet AGL, it cannot meet the requirements of the regulation. 

However, it will not be operated in congested or populated areas, nor will it operate directly above 

people at any time. If power fails for any reason during flight, the aircraft will fall safely into water 

without risk to people or property. 

14 CFR 91.121 Altimeter settings

An exemption to this regulation is requested because the sUAS is not equipped with a barometric 

altimeter. Instead, it is equipped with a GPS device that determines and displays altitude based on the 

GPS satellite network. The ensure an equivalent level of safety, the PIC will confirm the readings and 

function of the GPS device prior to each flight, and continue to monitor it throughout the flight. 

14 CFR 91.151(b) Fuel requirements for flight in VFR conditions

This regulation requires that there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 20 minutes. The sUAS included in this 

petition is battery powered and has a maximum endurance of less than 60 minutes. Given the small size 

and weight, along with proposed operating environment, an exemption from this regulation poses no 

additional risks. We propose reducing the regulation to 10 minutes of reserve, which would be adequate 

for the sUAS to safely return to the planned landing zone from anywhere in its operating area. 

14 CFR 91.405 Maintenance required; 14 CFR 91.407 Operation after maintenance, preventive 

maintenance, rebuilding, or alteration; 14 CFR 91.409 Inspections; 14 CFR 91.417 Maintenance records

We feel that we can provide and equivalent level of safety with an exemption from these regulations, 

provided that the PIC perform regular inspections, log details of usage and any maintenance that is 

performed, and complies with the manufacturers maintenance schedule. The PIC is the person most 
Planck Aerosystems Inc, 3106 Maple St, San Diego, CA 92104 Ph: (619) 770-8150 www.planckaero.com

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familiar with the aircraft and is best suited to ensure that the aircraft is in an airworthy condition prior 

to every flight. Given the overall small size and simplicity of the aircraft, we feel that the PIC can ensure 

an equivalent level of safety. 

Federal Register Summary

The following summary is provided for publication in the Federal Register.

Exemptions sought: 14 CFR Sections 21, 45.23, 45.27, 45.29, 91.119, 91.121, 91.151, 91.405, 91.407, 

91.409, 91.417

Description of the nature of the exemption: Planck Aerosystems is seeking an exemption to conduct 

aerial surveying operations using small aerial unmanned vehicles over bodies of water. 

We are prepared to amend this request for exemption to satisfy the FAA’s recommendation on 

providing equivalent level of safety. Please contact us for any additional information or clarification. 

Sincerely,

David Twining

Chief Operating Officer

Planck Aerosystems
Planck Aerosystems Inc, 3106 Maple St, San Diego, CA 92104 Ph: (619) 770-8150 www.planckaero.com

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Appendix A

Additional Aircraft Information

Figure 1: The RDASS Shown in Flight

Figure 2: RDASS Shown Packed into its Case for Safe Transportation

There are many videos on YouTube, published by the RDASS manufacturer and distributor, that show 

the typical RDASS deployment and operation. Several examples include:

https://youtu.be/AJ4TI2L8oFA

https://youtu.be/82Gtait3M-M

https://youtu.be/8MAmpCr7mjI
Planck Aerosystems Inc, 3106 Maple St, San Diego, CA 92104 Ph: (619) 770-8150 www.planckaero.com

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Appendix B

Link to Maintenace Schedule Information

http://www.hse-uav.com/products_maintenance.htm