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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 and nonsafety 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 

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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, 

Jesse 

rk.-~ 

Smalley 

Director of Special Projects 

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D. Training Program 

E. Quick Start Guide and Description List 

F. Model Updates 

G. Manufacture Disclaimer 

H. Energy Management & Battery Guidelines 

I. Aviation Experience 

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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 

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PH645439463 

Registered 

to: 

Rose Paving Company 

7300 W. 1001h 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. 

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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 

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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. 

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