December 9 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Ma d am : Pur suant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Rose

- Field Inc. , operator of Small Unmanned Aircraft Systems ( sUAS ) equipped to offer on

- demand commercial UAS operatio ns for a host of industries and applications. These applications include :

 Precision Agriculture

 Wildlife and Forestry Monitoring

 Filming, cinematography

, videography, and pho tography

 Closed

- set motion picture filming

 Aerial s urveying

 Construction site inspection and mon itoring

 Pipeline inspection and patrolling

 Flare stack inspection

Applicant ’ s name and mailing address are:

Rose

- Field Inc.

Attn: Terence Powell

214 Main Street Rm 462 El Segundo, CA 90245

Ph: 424

- 205

- 4277 Email: powellt@rosefield

- inc.com

Rose

- Field Inc. hereby applies for an exemption from the listed Federal Aviation Regulations ( FAR ) to allow c ommercial operation of its sUAS , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333

.

Pg. 1Regulations from which the applicant requests exemption : 14 C.F.R. Part 21 ; 14 C.F.R. 45.23(b) ; 14 C.F.R. 91.7(a) ; 14 C.F.R. 91.9 (b)(2) & (c) ; 14 C.F.R.

91.103 ; 14 C.F.R. 91.119 ; 14 C.F.R. 91.121 ; 14 C.F.R. 91.151(a) ; 14 C.F.R. 91.203(a) & (b) ; 14 C.F.R. 91.405(a) ; 14 C.F.R. 91.407(a)(1) ; 14 C.F.R. 91.409(a)(2) ; 14 C.F.R. 91.41 7(a)

Public Interest Justification:

As detailed in this document , the proposed operations would permit the use of small and relatively inexpensive sUAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access, and; (4) would provide an increased level of safety beyond that existing when manned aircraft are used to accomplish the same purpose. Given the

clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions

. In addition, m anned aircraft image gathering creates a greater risk

because the craft are much lar ger, have combustible fuel, and carry a human pilot onboard . In contrast, a sUAS weighing 5 5 pounds or less and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS used by the applicant will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. L astly, u se of sUAS reduces safety concerns when gathering data from inaccessible or unstable/unsafe areas. Operation of sUAS will substantially reduce the risk to life and property in the air, and on the ground, which is commonly associated

with tradition al manned aircraft flight operations or use of elevated work platforms

. T he refore,

the applicant respectfully requests the FAA grant the requested exemption

. S imilarly

, t he FAA has granted relief under Exem ptions 2689F, 5745, 8607, 8737, 8738, 9299, 9299A, 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 10167, 10167A, 10602, 10673, 10700, 10808, 11206, 11213, 11138, 11456, 11617, and 32827.

Small Unmanned Systems: The Applicant proposes to use a 3DRobotics Iris+ , and a DJI Phantom 3 Pro , both small quad

rotor aircraft. Maximum gross takeoff weight of these aircraft does not exceed 5 5 pounds. Normal maximum operating speed s of both aircraft do not exceed 20 knots. The aircraft are powered by four (4) electric motors, supplied by Lithium

- Polymer batter ies providing maximum capacity not to exceed 7000 m ill i amp H ours

. Both aircraft are equipped with telemetry allowing the pilot to monitor critical flight data in real time. Further details are described in the applicable regulation exemption requested

.

Operational Procedures and Limitations:

Below are the limitations and conditions to which R ose

- Field Inc. agrees to be bound when conducting commer cial operations under an FAA issued exemption

.

1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot

.

Pg. 23. F light time for each sUAS will be based on the remaining battery power level and terminated

at 2 0 % battery power

. 4. Flights will be operated at an altitude of no more than 400 feet AGL

. 5 . Minimum crew for each operation wil l consist of the sUAS Pilot, a Visual Observer, and/o r a Camera Operator. 6. sUAS pilot will be an FAA licensed airman with at least a sport pilot’s certificate and hold a

class 3 medical certificate or a valid driv er’s license.

7 . The s UAS will only operate within a confined, predefined f light operations area.

8 . A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It will be mandatory that all personnel who will be perfor ming duties within the boundaries of the safety perimeter be present for this briefing.

9 . The operator will obtain the consent of all persons involved and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and th is radius may be reduced to 30 feet based upon an equivalen t level of safety determination and advanced permission of the

relevant F light S tandards D istrict O ff ice

. 1 0 . Pilot and Visual O bserver will have been trained and received up

- to

- date information on the particular s UAS to be operated.

1 1 . Observer and pilot will at all times be able to communicate by voice or mobile radio

. 1 2 . Written and/or oral permission from the relevant pr operty holder will be obtained before conducting sUAS operations on the r ele va nt property.
13

. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

1 4 . If the sUAS loses radio communications, the s UAS will have th e capability to return to a pre

determined location and land.

15 . The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

16 . The s UA S may not operate within 5 nautical miles of an ai rport 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 symbol as denoted on the current FAA published aeronautical chart, unless a letter of agreement wi th 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 to the Administrator or any law enforcement official upon
request.
17 . The s UA S w ill fly during d aylight hours and under visual meteorological conditions only

. 18 . Flights will not be conducted in restricted airspace and other areas, such as major cities,

where the FAA prohibits U AS operat ions

.

Privacy Policy: All flig hts will occur over private or controlled property with the property owner’s prior consent and knowledge. Any individuals whose images are taken will have expressed consent to being filmed or otherwise have agreed to be in the area where aerial phot ography will take place.

Requested Exemptions from C ode of Federal Regulations Title 14 :

Pg. 314 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333

of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and po pulated areas of the s UAS. In all cases, an analysis of these

criteria demonstrates that the s UAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

w ithout the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area

. O perations under this exemption will be tightly controlled and monitored by the operator, and in compliance with local public safety requirements

. Las tly, application of these same criteria demonstrates that there is no credible threat to national security posed by t he s UAS, due to their size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry

a substantial external load.

14 C.F.R. § 45.23 & 91.9 (c) : Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration nu mber is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not les s than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the s UAS will have no airworthiness certificate, an exemption may be needed as the s UAS will have no e ntrance to the cabin, cockpit or pilot station
on which the word “Experimental” can be pl aced. Given the size of the sUAS , two

- inch lettering will be impossible. However, t he applicant is prepared to mark the sUAS with the registration number if applicable, name of the applicant and contact inf ormation, and fulfill any other request by the FAA relevant to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the sUAS will see the identification.

14 C.F.R. § 61.315 (a) & (b): Sport Pilot Privileges and Limitations: Pilot in
Command Sections 61.113 (a) (b) & (c) limit sport pilots to non

- commercial operations

. Because the s UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the P ilot I n C ommand (PIC) operating the aircraft to have a minimum sport pilot’s license rather than a commercial pilot’s license to operate t he applicant ’ s s UAS. Unlike a conventional aircraft that carri es the pilot and passengers, both sUAS

are remotely controlled with no humans on board. The area of operation is controlled and all flights are planned and c oordinat ed in advance. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s

Pg. 4certificate operating a conventional aircraft. The applicant requires the PIC to have a t a minimum a sport pilot c ertificate t o operate any of the applicant’s sUAS e xceed ing the present level of safety achieved by 14 C.F. R. §61.315 (a) (b) & (c).

14 CFR § 91.7(a) : Civil aircraft airworthiness This regulation requires that no person may operate a civil aircraft unl ess it is in airworthy condition. Should the exemption be granted allowing commercial operation of sUAS without an airworthiness certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the previous exemptions issue d for similar sUAS, an equivalent level of safety will be achieved by ensuring compliance with the sUAS operating procedures, manuals, and safety checklists prior to each flight.

1 4 C.F.R. § 91.9 (b) (2): Civil Aircraf t Flight Manual in the Aircraft Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter,

u nless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an
item on the aircraft. The equivalent level of safety will be maintained by keeping the flight
manual at the ground control point where the pilot flying the sUAS w ill have immediate access.

14 C.F.R. § 91.103: Preflight action This regulation requires each p ilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft
an exempt ion will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 CFR § 91.119: Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not
be operated closer than 500 feet to any person, vessel, vehicle, or structure. Because of the s UAS
funct ions performed by the applicant are accomplished at relatively low altitu des and at altitudes
less than 5 00 feet AGL, an exemption from Section 91.119(c) is nee ded. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the sUAS are built. Also, no flight will be taken without t he permission of the land owner o r those who control
the land. Because of the advanc e notice to the landowner, all affected individuals will be aware of the flights. Compared to manned aerial operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk associated with these operatio ns will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low

- altitude operations of the sUAS will maintain separation between these sUAS operations and the operations of conventional aircra ft that must comply
with Section 91.119. The sUAS will never o perate at altitude higher than 4 00 feet AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC)

Pg. 5only. The slow speed and low altitude of the sUAS l imit the radius of impact of the vehicle in the case of an inflight failure

. The sUAS will remain within visual line of sight of the PIC and V isual
O bserver . Flight operations will be conducted in accordance with the FAA “blanket COA” (at least 5 nautical miles (NM) from a n airport having an operational control tower; 3 NM from an airport with a published instrument flight procedure, but not an operational tower; 2 NM from an airport without a published instrument flight procedure or an operational tower; or 2 NM from a
hel iport with a published instrument flight procedure.) Flights will not operate over congested areas or other areas as specified by the FAA. The operator will obtain the consent of all persons involved and ensure that only consenting persons will be allowed within 100 feet of the flight operation

. T h is radius may be reduced to 30 feet based upon an equivalent level of safety
determination by the applicant an d with permission from the relevant F light S tandards D istrict
O ffice

.

14 CFR § 91.121: Altimeter Settings Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. The sUAS proposed under this application use both barometric pressure sensors and, when available, GPS altitude. When the sUAS is armed for takeoff, the altitude is “zeroed” relative to the elevation at the point of take

- off, a known point close to the PIC. The sUAS used for this application are equipped with GCS software which indicat es the mean sea level elevation of the takeoff point, and surrounding terrain. The equivalent level of safety will be achieved by the PIC confirming the eleva tion or altitude of the launch site, and evaluating the surrounding terrain and obstacles during pre

- flight planning. The altitude of the sUAS will also be displayed via telemetry on the GCS and will be monitored by the PIC during the entire flight operati on. Additionally, geo

- fencing features in the GCS software prevent the sUAS from climbing higher than a specified altitude above the takeoff point. The evaluation of the takeoff point and surrounding terrain, line

- of

- sight nature of the op erations, and monitoring and geo

- fencing in the flight controller and GCS provide an equivalent level of safety.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation outlines fuel requirements for begi nning a flight in V isual F light R ules (VFR) conditions including a reserve of 30 minutes during the day and 45 minutes at night. The battery powered sUAS used in this application are limited to operations in controlled environments do not have flight endurance to meet this regu lation. The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. Operating the sUAS without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to

preve nt given the size and speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of reserve battery capaci ty, which would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area. Both of the sUAS proposed in this application are equipped with battery voltage monitoring which constantly dis play a remaining voltage and percentage to the pilot. Further, automatic fail

- safe features are activated at 20% of battery capacity to initiate a return

- to

- launch, or land, maneuver as appropriate. Planned flights will be limited to ensure that the sUAS lands at the ground station with at least 20% of battery power remaining (as determined by the onboard monitoring system and the PIC), whichever happens
first. In the unlikel y event that the sUAS battery reaches a critical level prior to the launch point, it

Pg. 6would simply land. Given its weight and construction material, and the slow speed of the landing maneuver, the risks are less than contemplated by the current regulation.

14 CFR § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections Section 91.405(a) r equires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapte r ...” Section 91.407 similarly makes reference to requirements in Part 43 ; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator t o keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Given that these sections and Part 43 apply only to airc raft with an airworthiness certificate, these sections will not apply to this application. Maintenance will be accomplished by the applicant pursuant to the operating manuals and reference material. An equivalent level of safety will be achieved because th ese sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately within the

pre

- determined operating area, and will be operating fro m no higher than 4 00 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Typical failures of small multi

- rotor aircraft are related to ba ttery conditioning. Additionally, the sUAS used in this application are equipped with numerous built

- in health tests for the flight controller, gyros, compass , GPS, radio links, and other critical components. Applicant’s familiarity with the aircraft, and experience in flight safety, demonstrates the equivalent level of safety and ability to maintain the aircraft in an airworthy condition.

Conclusion It is the applicant's belief that the size, weight, speed, operating environment, and operating

pro cedures provide an equivalent level of safety or better when operating a sUAS for the public interest as outlined in Section 333 of the Reform Act. It is requested that the FAA issue an exemption to permit safe, legal, commercial sUAS operation by the appl icant.

Respectfully submitted

,

Terence R. Powell President, Rose

- Field Inc.

Pg. 7