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 Sy stem, which includes an Unmanned A ircraft (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 Inspir e 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 capturi ng imagery in the form of full color, high definition still photos and video;
 An on - board telemetry sy stem 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 sy stem described above; THE GROU

N D 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 b y the PI C to control the UA while in flight;
 A radio rec eiver receiving live video and flight data from the on

- board camera and computer projects it all together onto a screen for the PI C 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 specificall y for our organization and operations, and with strict consideration ofapplicable 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 res idential and commercial real estate property marketing , business marketing , commercial real estate site surveying, roof inspections, and other property marketing purposes

. The UA, powered b y 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 thereb y reduce current risk levels and thereb y enhance safety and diminish the likelihood of death or serious bodily injury . With a small payload and max imum flight time of onl y 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 pre sentation 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 PI C and a VO in accordance with FAA Policy

N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:
a) A ll 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 propert y 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 wil l not be operated at air shows; f ) The UAS will not be operated over an y 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 onl y and weather conditions equivalent to VFR;13. m) The PI C 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 Inspectio n by the PI C before each The PI C and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PI C and VO will perform maintenance on the sy stem and will complete a course of maintenance instruct ion 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 Restriction s (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 L ockheed 888
- 316
- 5822 jim@rosecity 3d.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 (91.40 1
- 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 an y time if you require additional information or clarification. We look forward to working with your office. Jim L ockheed Owner RoseCity 3D Addendum containing Exemption Requests and Equivalent Level of Safety Appendix A

- Flight Manual Appendix B

- O wner'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 wi ll 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 ab le 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 carrydocumentation, 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 an yt ime the aircraft is in, or preparing for, flight. **14 CFR 91.109 Flight Instruction; Simulated instrument flight an d 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 full y 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 t o 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 fl y over private property with the permi ssion of the owner of the property flown over. The aircraft will not be operated over congested areas or over an y open air assembl y 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 alway s 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 on

board computer to the display screen held by

the PIC, providing a constantly up dated 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 fl y 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 bufferfor delay s 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 Su bpart E (91.401**  **- 91.417)**  **- Maintenance, Preventive Maintenance,**  **Alterations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.4 07 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 PI C perform maintenance and inspection of the aircraft and "be authorized to appro ve the aircraft for return to service." As provided in the Pre

- Flight Checklist in Appendix A, the PI C 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 fl ight. Maintenance perform ed by the PI C is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

board computer. All other maintenance will be performed b y the manufacturer or their designated repair facility . We feel that due to the size, construction, and simplicity of the aircraft, the PI C can ensure an equivalent level of safet y. **8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(l) Observer Medical.**  This policy

provides that both the PI C 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 PI C is not on board. Both the PI C and the VO are required to be in VLOS. Given the unlikely event that both the PI C and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and l and without crew intervention. Therefore, requiring the PI C 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 PI C and VO to be a state issued driver's license. A licensed driver is medicall y qualified to operate a much larger vehicle.APPENDIX A
- FLIGHT MANUAL

FLIGHT RESTRI CTIONS 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 PI C; c) All operations must utilize a visual observer (VO). The VO and PI C must be able to communicate verba lly at all times during a flight operation; 3. d) Operations will be restricted to flights over property with the permission of the propert y o wner; 4. e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 2 0 flight cycles and 5 hours of tota l 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 an y open - air assembl y 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) Operat ions will be restricted to day onl y and weather conditions equivalent to VFR; m) The PI C will brief the VO and propert y 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 PI C 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 full y charged. 2. Propellers are mounted correctl y and firmly. 3. Micro - SD card has been inserted if necessary

. 4. Gimbal is functioning as normal.