# June 1, 2015

Exemption No. 11729 Regulatory Docket No. FAA

– 20 15

– 0215 M r . Jesse Smalley Rose Paving Company 4698 S outh Old Peachtree R oa d Norcross, GA 30071 Dear M r . Smalley : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated January 24, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Rose Paving Company ( hereinafter petitio ner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to support asphalt paving and ground utilization. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on th is petition would be detrimental to the petitioner

. Airworthiness Certification The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in

# 2 consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21 and any associated noise certification and testing requirement s of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s . 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ; • The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you pre sent; and
• A grant of exemption is in the public interest. Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Rose Paving Company is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below. Conditions and Limitations In this grant of exemption, Rose Paving Company is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

# 3 1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to de termine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude of no more than 400 fee t above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be u sed to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitatio ns herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revis ions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the op erator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the

# 4 operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if quest ions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre

- flight inspection and d etermine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and lif e limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia , Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriat e distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However,

# 5 training operations may only be c onducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonp articipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) a re not authorized. 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on th e current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available t o the Administrator or any law enforcement official upon request. 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 18. If the UAS loses communi cations or loses its GPS sign al, the UA must return to a pre - determined location within the pr ivate or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if g reater. 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

. 22. All aircraft operated in accordance with this exemption must be identified by serial num ber, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These

# 6 documents must be made available to the Administrator or any law enforceme nt official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 25. The UAS may not be operated by the PIC from any moving device or vehicle. 26. All Flight operations must be conducted at least 5 00 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipatin g persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does no t present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or control led

- access property with permission from the propert y owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption. 30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to th e local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day

# 7 notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission m ust be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted an d the altitudes essential to accomplish the operation. 31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Un less otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. This exemption terminates on May 31, 2017 , unless so oner superseded or rescinded. Sincerely, /s/ John S. Duncan Director, Flight Standards ServiceJanuary 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

31PageAppendix

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 PageAppendix

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