RoseCity 3D

1926 W Burnside St Unit 613

Portland Oregon 97209

888-316-5822

info@rosecity3d.com

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 (the 

"Reform Act") and 14 C.F.R. Part 11, RoseCity 3D seeks an exemption from Federal 

Aviation Regulations ("FARs") detailed below for the following described Unmanned 

Aerial System, which includes an Unmanned Aircraft (UA), ground station-based 

equipment, and crew: 

THE UNMANNED AIRCRAFT (UA): 

 A lightweight, battery operated 4-motor rotorcraft in the form of a quadcopter that 

takes off and lands vertically, manufactured by DJI, Phantom 3 Professional and 

Inspire models that includes all the following equipment in flight: 

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video; 

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal and 

vertical speed, compass direction of flight and direction back to its launch site; 

 A 2.4GHz on-board radio transmitter that transmits live video from the on-board 

camera plus all the flight data from the telemetry system described above; 

THE GROUND STATION -BASED PART OF THE SYSTEM: 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UA while in the air; 

 A 2.4GHz radio transmitter/controller operated by the PIC to control the UA 

while in flight; 

 A radio receiver receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UA while in flight. 

This request is based on previously granted 333 exemptions, however it was developed 

specifically for our organization and operations, and with strict consideration of 
applicable existing regulations. Safe and legal operations are our highest concern and 

goal. The requested exemption would support an application for a commercial Certificate 

of Authorization to use the above-described UAS to support aerial photography and video 

for marketing and data collection for various purposes including residential and 

commercial real estate property marketing, business marketing, commercial real estate 

site surveying, roof inspections, and other property marketing purposes. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger

aircraft running on combustible fuel, it operates at lower altitudes with no people on 

board and will thereby reduce current risk levels and thereby enhance safety and diminish 

the likelihood of death or serious bodily injury. With a small payload and maximum 

flight time of only 22 minutes, this is offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than 

ground-based imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. The alternative could be to charter a full-sized 

helicopter for this purpose, which has proven more costly than many potential clients are 

able to afford. The benefits of reduced cost and improved quality of presentation from the 

UA will be valuable to and benefit buyers and sellers of real estate, property developers, 

and business owners. 

RoseCity 3D’s UAS will be operated in the field with both a PIC and a VO in accordance 

with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with 

the following Restrictions: 

a) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at 

an airspeed of no more than 50 knots and no further than .5 NM from the PIC; 

b) Operations will be restricted to flights over property with the permission of the 

property owner

c) All required permits will be obtained from state and local government prior to 

operation; 

d) The UAS will not be operated over densely populated areas; 

e) The UAS will not be operated at air shows; 

f) The UAS will not be operated over any open-air assembly of people; 

g) The UAS will not be operated over heavily trafficked roads; 

h) The UAS will not be operated within 5 NM of an airport or heliport; 

1) Operations will be restricted to day only and weather conditions equivalent to VFR; 
13. m) The PIC will brief the V0 and property owner about the operation and risk 

before the first flight at each new location; 

14. n) No flight may be made without a Pre-Flight Inspection by the PIC before each 

The PIC and VO 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. 

We submit that the combination of the UA's light weight, flight performance and ability, 

fully qualified flight crew and strict operation under the guidelines established in 

8900.227, and under all of the Restrictions (a) through (h) listed above, the FAA can have 

full confidence that the operation will have an equivalent or greater level of safety than 

manned aircraft performing the same mission. 

The name and contact information of the applicant are: 

RoseCity 3D

Attn: Jim Lockheed

888-316-5822

jim@rosecity3d.com

The regulations from which the exemption is requested are listed below. Beside each 

regulation number is the page of the attached Addendum upon which each may be found 

together with our proposed equivalent level of safety for each regulation: 

- 14 CFR Part 21.. ...............................Addendum Page 1

- 14 CFR 91.203 .................................Addendum Page I

- 14 CFR 45.23, 45.29..........................Addendum Page 2

- 14 CFR 91.9....................................Addendum Page 2

- 14 CFR 61.113, 61.133 .......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.12l..............Addendum Page 3

- 14 CFR 91.151.. ...............................Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) ...... Addendum Page 3

-FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l) ... Addendum 1 Page 4 

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any time if you require additional 

information or clarification. We look forward to working with your office. 

Jim Lockheed Owner RoseCity 3D

Addendum containing Exemption Requests and Equivalent Level of Safety 

Appendix A - Flight Manual

Appendix B - Owner's Manual for UA 
ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

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." 

RoseCity 3D’s UA 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 of 91.203, 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 propose that the 

information found on airworthiness and registration certificates be permanently affixed to 

the UA.

Appendix A 

Manufacturer:	DJI	Innovations,	Inc.

Address:	14th	Floor,	West	Wing,	Skyworth	Semiconductor	Design	Building,

No.l8	Gaoxin	South	4th	Ave,	Nanshan	District,	Shenzhen,	China,	518057.	

Purchased	from	

intelligentUAS

6801 Kenilworth Avenue, #140

Riverdale, MD 20737

United States

If	found	please	contact:	Jim	Lockheed (541)-840-0201

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. 

We propose to achieve an equivalent level of safety by including the registration number 

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. 

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 during flight 

operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a 

current, approved UA Flight Manual (Appendix A) must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests 

The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls."

The UAS ground-based control station consists of a small hand-held radio transmitter and 

while it does not offer a second set of "controls", both the student and instructor can, and 

will, operate the single set of controls simultaneously. With both student and instructor 

having "hands-on" the controls during flight, we feel that this technique meets the intent 

91.109 and provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states 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.

In order to provide an equivalent level of safety we will only fly over private property 

with the permission of the owner of the property flown over. The aircraft will not be 

operated over congested areas or over any open air assembly of persons.. The aircraft will 

be operated at a low altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. Therefore we maintain that 

due to the small size of the UA, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising 

altitudes in order to prevent conflict with other aircraft. An Above Ground Level 

altimeter measurement above the takeoff point is transmitted via radio from the UA onboard computer to the display screen held by the PIC, providing a constantly updated 

AGL readout. 

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 that for at least 30 minutes. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer 
for delays to landing. The UA is battery operated and the maximum duration of flight 

from a single battery charge is 18 minutes with a 20% reserve. 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, 

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 Pre-Flight 

Checklist in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition 

prior to every flight and in addition conduct detailed inspections after every two hours of 

flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections and updating software and firmware for the onboard computer. All other maintenance will be performed by the manufacturer or their 

designated repair facility. 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 

UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and 

the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the 

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

aircraft is in flight, the UA will return autonomously to the site of launching and land 

without crew intervention. 

Therefore, requiring the PIC and VO 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 for the PIC and VO to be a state issued 

driver's license. A licensed driver is medically qualified to operate a much larger vehicle. 
APPENDIX A - FLIGHT MANUAL 

FLIGHT RESTRICTIONS 

1. a) No flight will be made with a VA Gross weight exceeding 55 pounds; 

2. b) All operations must occur in FAA Class G airspace at no more than 400' AGL, 

at an airspeed of no more than 50 knots and no further than .5 NM from the PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be 

able to communicate verbally at all times during a flight operation; 

3. d) Operations will be restricted to flights over property with the permission of the 

property owner; 

4. e) The PIC must have accumulated and logged, in a manner consistent with 14 

CFR § 61.51 (b), a minimum of 20 flight cycles and 5 hours of total time as a UA 

rotorcraft pilot

5. f) All required permits will be obtained from state and local government prior to 

operation; 

6. g) The UAS will not be operated over densely populated areas; 

7. h) The UAS will not be operated at air shows; 

8. i) The UAS will not be operated over any open-air assembly of people; 

9. j) The UAS will not be operated over heavily trafficked roads; 

10. k) The UAS will not be operated within 5 NM of an airport or heliport; 

1) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk before the 

first flight at each new location;

n) No flight may be made without a successful Pre-Flight Inspection by the PIC before 

each operation to ascertain that the V A is in a condition safe for flight. 

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged. 

2. Propellers are mounted correctly and firmly. 

3. Micro-SD card has been inserted if necessary. 

4. Gimbal is functioning as normal.