January 24, 2015 PAVING CO. U.S. Department
of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam: Pursuant
to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Rose Paving Company ("RPC"), seeks an exemption from Federal Aviation Regulations ("F ARs") detailed below for the DJI Phantom

2 Vision+ Unmanned Aircraft System manufactured
by DJI of Shenzhen, China. The requested exemption would support an application for a commercial Certificate
of Authorization

to use the system to support asphalt paving and ground utilization. The DJI Phantom

2 Vision+ system consists of a lightweight
(2. 73 pounds) battery operated aircraft, based on a small hand-held remote control operating on 5.8 GHz and is CE and FCC compliant. In addition
to the remote control, the DJI Phantom

2 Vision
+ offers the pilot with First Person Viewing "FPV" via WiFi connection and ground control receiver independent
of the main remote control device. The aircraft carries an onboard geo-referenced still camera that allows
it to conduct precision photogrammetry
and videography

at the resolutions necessary for accurate isolation of necessary safety repair areas for private property only. This high-resolution data can provide owners of large parcels the ability to direct necessary funding to safety andnonsafety areas of concern on paved surfaces, thus eliminating wasteful spending and maintaining

a proactive safe environment
for the general public. The aircraft will be operated
in the field with both
a Pilot in Command (PIC) and a ground-based Visual Observer (VO) in accordance with FAA PolicyN 8900.227 Section 14 "Operational Requirements
for UAS" with the following additional restrictions: -All operations will occur in Class G airspace
at no more than 400' AGL -Operations will be operated over private property with the permission
of the land owner or representative

of land owner - All required permits will be obtained from state and local government prior to operation - The aircraft will not be operated over urban areas -When necessary, the aircraft will only be operated over populated business parcels before normal business operating hours to maintain safe and efficient flights at all times, noting the general public's safety is our main priority -The aircraft will not be operated
at air shows or over an open-air assembly of people - The aircraft will not be operated over heavily trafficked roads - The aircraft will not be operated within

5 NM of an airport or heliport - Operations will be limited to day, visual meteorological conditions -Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at all time - While the aircraft
is airborne, the YO will be positioned within voice distance
to the PIC -PIC will file a NOT AM providing radiai/DME, radius, and a date/time group for each operation liPageJanuary 24, 2015 PAVING CO. The PIC and YO will meet the requirements outlined
in FAA Policy N 8900.227 Section 16 Personnel Qualifications. Additionally,
the PIC and VO will perform maintenance
on the system and will complete

a course of maintenance instruction

as part of their initial training. Due to the simplicity of the system, we do not anticipate the need for a supplemental pilot. We submit that the combination
of the aircraft's light weight, historically demonstrated flight performance, fully qualified flight crew and strict operation under the guidelines established

in 8900.227, the FAA can have confidence that the operation will have an equivalent
or greater level of safety of manned aircraft performing the same mission. The name and contact information
of the applicant are: Rose Paving Company 4698 S. Old Peachtree Rd. Norcross, Georgia 30071 Attn: Jesse Smalley Ph: 770-549-0095 Fax: 678-303-2515 Email: jsmalley
@ rosepaving.com The regulations from which the exemption

is requested are as follows: - 14 CFR Part 21 - 14 CFR 91.203 - 14 CFR 45.23, 45.29 - 14 CFR 91.9 - 14 CFR 61.113,61.133 - 14 CFR 91.11
9 - 14 CFR 91.121,91.151 - 14 CFR Subpart
E (91.401- 91.417) -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) We are prepared
to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward
to working with your office. Please contact us at any time if you require additional information

or clarification

. Sincerely

, 

## rk.-~ Jesse Smalley Director of Special Projects

21PageJanuary 24, 2015 PAVING CO. Appendices: A. Exemption Request and Equivalent Level of Safety B. Maintenance Procedures C. User Manual D. Training Program E. Quick Start Guide and Description List F. Model Updates G. Manufacture Disclaimer H
. Energy Management

& Battery Guidelines I. Aviation Experience

31Page

### Appendix

A EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

### Rose Paving Company requests an exemption from the following regulations

as well as any additional regulations that may technically apply to the operation of the DJI Phantom

2 Vision+: 14 CFR Part 21, Subpart H: Airworthiness Certificates 

### This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues
to work to develop airworthiness standards for UAS, we request an experimental certificate be issued for the DJI Phantom

2 Vision+ under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) 

### Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques,
or new uses for aircraft. (b) 

### Showing compliance with regulations. Conducting flight tests and other operations

to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements

of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations,
and customer crew training, we would expect that an experimental certificate would permit our commercial purpose
as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the fact that the aircraft weighs only 2. 73 pounds and is constructed primarily out of injected plastic, we propose that the DJI Phantom

2 Vision+ will be at least as safe, if not safer, than
a conventionally certificated aircraft performing the same miSSIOn. 

### If an experimental airworthiness certificate

is not appropriate for this application, then we request an exemption
of 14 CFR Part 21, Subpart H, and the requirement
for an airworthiness certificate
in general, citing the equivalent level of safety outlined in the previous paragraph. 14 CFR 91.203(a)

& 

### (b) Civil aircraft: Certifications required. 

### The regulation provides that an airworthiness certificate, with the registration number assigned
to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate
be "displayed

at the cabin or cockpit entrance
so that it is legible to passengers
or crew." At 2. 73 pounds, the DJI Phantom

2 Vision+
is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers

or crew. To obtain an equivalent level of safety and meet the intent of91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request.
In order to identify the aircraft, we 41PageAppendix

A propose that the information found on airworthiness and registration certificates
be permanently affixed to the aircraft via placard: 

### Manufacturer: DJI Model: Phantom

2 Vision+ Model Number: PV331 Serial Number: PH645439463 Registered to: Rose Paving Company 7300 W. 100

1 h 

### Place Bridgeview,
IL 60455 If 

### found please contact: (770) 549-0095 14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 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. The 2.73 pound DJI Phantom

2 Vision+ does not have an entrance
in which the word "EXPERIMENTAL"

can be placed, and may not have
a registration number assigned
to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally,
we feel that the permanent placard discussed

in the previous paragraph will provide the aircraft's registration information should
it be found on the ground. Finally, we will display at the ground station

a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station"
in letters



### 3 inches high or greater. Since the aircraft will operate within 

### 112 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate it's point of ongm. 

### 14 CFR 91.9 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. We assume that the intent of this requirement

is to ensure that flight manual information

is available
to the aircrew while operating the aircraft. We request an exemption

to this requirement since the aircraft
is not only too small to carry documentation,
the documentation would not be available
to the crew. To obtain an equivalent level of safety and meet the intent of91.9, we propose that
a current, approved Airplane Flight Manual (appendix
E) must be available
to the crew at the ground station anytime the aircraft
is in, or preparing for, flight.



### 5I Page

# Appendix

A 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds

a private pilot certificate may act as pilot in command of an aircraft for compensation

or hire. Subparagraph
(b) allows

a private pilot to act as pilot in command of an aircraft in connection with any business or employment

if: (1) 

# The flight is only incidental
to that business or employment; and (2) The aircraft does not carry passengers
or property for compensation

or hire. Our proposed operations meet the requirements of8900.227 para 16(c)(2)(c) "Operations without

a pilot certificate"

in which the PIC is required
to complete "FAA commercial pilot ground instruction" and pass "the FAA commercial pilot written examination." Since there are currently no means available for the pilot of a UAS to gain the experience

in an equivalent category and class in order to apply for a commercial pilot's license, we propose
to generate an equivalent level of safety by requiring our pilots to complete,

at a minimum, FAA Private Pilot ground instruction and pass the FAA Private Pilot written examination

in addition
to completing the Private Pilot requirements. Since the aircraft cannot carry passengers
or property, we feel we meet the intent of 61.113 Subparagraph
(b) even though the intent of this application

is to conduct

a business. 14 CFR 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 aircraft will be operating
at a maximum of 400 feet AGL, we cannot comply with this requirement. To provide an equivalent level of safety we 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 DJI Phantom

2 Vision+, the hazard to persons, vessels, vehicles, and structures

is not comparable

to manned aircraft and should be considered

in granting the exemption. The aircraft will not be operated over congested areas nor over any open air assembly of persons. The aircraft will be operated
at an altitude allowing,
if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. 14 CFR 91.121 Altimeter settings. The regulation provides that aircraft shall maintain cruising altitudes by reference
to an altimeter setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes
in order to de-conflict with other aircraft. As such, an appropriate altimeter measurement presented

to the pilot should be Above Ground Level and should be based on the barometric pressure
at the point of launch. To provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the ground prior to every flight. Since the aircraft will fly no more than 15 minutes per flight, even rapid changes
in barometric pressure will have limited affect on the safety of the flight. 14 CFR 91.151 Fuel requirements
for flight in VFR conditions. The regulation provides 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 6jPageAppendix

A that for at least 30 minutes. We feel the intention of this paragraph

is to provide

a reserve of energy as a safety buffer for go-arounds and other delays to landing. The DJI Phantom

2 Vision+
is battery operated and the maximum duration of flight from

a single battery charge
is 15 minutes. Since the aircraft will never fly more than 1/2 nm from the point of intended landing,

a full battery charge at launch will ensure that we meet the reserve energy requirement
of this paragraph. We request an exemption
to the word "fuel" and ask for an equivalent interpretation with the word "energy". 

### 14 CFR 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 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.



### It is our intention that the PIC perform maintenance and inspection
of the aircraft and "be authorized

to approve the aircraft for return to service." As provided
in the attached Maintenance Procedures (appendix D), the PIC will ensure that the aircraft
is in an airworthy condition prior to flight and conduct detailed inspections after every
1 0 hours. Maintenance performed by the PIC is limited to repairing small cracks, replacing

a propeller, and updating software and firmware. All other maintenance will be performed by the manufacturer. 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. 

### 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(l) Observer Medical. This policy provides that both the PIC and VO must have
a valid FAA second-class medical certificate issued under part 67 in order to perform
as a pilot or observer. The aircraft weighs 2.73 pounds and is constructed out of injected plastic. Requiring the crew to meet the same medical requirements

as a commercial pilot carrying passengers

in a large aircraft

is an unnecessary burden. We propose that the minimum medical requirements

be the PIC must possess

a current third-class medical certificate

. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft

is in flight, the DJI Phantom

2 Vision+ will recover autonomously

to the landing location designated prior to launch without crew intervention. 

### Additional Information

to Support Request. Per Regulatory Docket No. FAA-2014-0508
and Exemption Number 11136, we feel Rose Paving Company models the similar aforementioned request and that all information provided should meet the requirements
for Section 333 Grant of Exemption. Parts of this letter for 333 Exemption Status has been copied with the expressed consent from Advanced Aviation Solutions President and CEO, Seven C. Edgar. 71Page

### Appendix

B MAINTENANCE PROCEDURES 

### -See PDF attachment "Phantom

2 Vision Plus User Manual v1.6 en.pdf' pg. 2 paragraph

2 

### --

-

-

-

-

- 81PageAppendixCUSERMANUAL-SeePDFattachmentSeePDFattachment"Phantom_2_Vision_Plus_User_Manual_v1.6_en.pdf'91PageAppendix

D TRAINING PROGRAM See PDF attachment "Phantom

_ 2 _ Vision

_ Plus _ Pilot _ Training_ Guide_

v 1.1_ en.pdf' lOIPageQUICK START GUIDE AND DESCRIPTION LIST See PDF attachment "Phantom_

2 _Vision _Plus_ Quick_ Start_ Guide_ en. pdf' Appendix

E Ill Page

### Appendix

F MODEL UPDATES 

### See PDF attachment "Phantom

_ 2 _ Vision_Plus_Release_Notes_en.pdf'

121PageAppendixGMANUFACTUREDISCLAIMERSeePDFattachment"Phantom__2_Vision_Plus_Disclaimer.pdf'13IPage

# ENERGY MANAGEMENT AND BATTERY GUIDELINES See PDF attachment "Smart_ Flight_ Battery_ Safety_ Guidelines. pdf' Appendix

H 141 Page

# Appendix

I 

# AVIATION EXPERIENCE Rose Paving Company designates 

# (1) pilot for all duties associated with the UAS for the purpose mentioned

in Appendix
A. The instrument-rated pilot, Jesse Smalley, has over 900 hours of actual flight time, mostly in complex aircraft. He has also logged over

1 00+ hours of RIC 

# and UAS vehicles. He currently possesses

a valid 3rd 

# Class Medical Certificate and is in good standing with the FAA.

15JPage