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 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-Field Inc., operator of Small Unmanned Aircraft Systems (sUAS) 

equipped to offer on-demand commercial UAS operations for a host of industries and 

applications. These applications include:

 Precision Agriculture

 Wildlife and Forestry Monitoring

 Filming, cinematography, videography, and photography

 Closed-set motion picture filming

 Aerial surveying

 Construction site inspection and monitoring

 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 commercial 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.

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Regulations 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. 91.417(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, manned aircraft image gathering creates a greater risk 

because the craft are much larger, have combustible fuel, and carry a human pilot onboard. In 

contrast, a sUAS weighing 55 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. Lastly, use 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 traditional manned aircraft flight operations or use of elevated work platforms. Therefore, 

the applicant respectfully requests the FAA grant the requested exemption. Similarly, the FAA 

has granted relief under Exemptions 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 quadrotor aircraft. Maximum gross takeoff weight of these aircraft does not exceed 55 pounds. 

Normal maximum operating speeds of both aircraft do not exceed 20 knots. The aircraft are 

powered by four (4) electric motors, supplied by Lithium-Polymer batteries providing maximum 

capacity not to exceed 7000 milliamp Hours. 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 Rose-Field Inc. agrees to be bound when 

conducting commercial 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.

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3. Flight time for each sUAS will be based on the remaining battery power level and terminated 

at 20% battery power.

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

5. Minimum crew for each operation will consist of the sUAS Pilot, a Visual Observer, and/or 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 driver’s license.

7. The sUAS will only operate within a confined, predefined flight 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 performing 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 this radius may be reduced to 

30 feet based upon an equivalent level of safety determination and advanced permission of the 

relevant Flight Standards District Office.

10. Pilot and Visual Observer will have been trained and received up-to-date information on the 

particular sUAS to be operated.

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

12. Written and/or oral permission from the relevant property holder will be obtained before 

conducting sUAS operations on the relevant 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.

14. If the sUAS loses radio communications, the sUAS will have the capability to return to a predetermined location and land.

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

emergencies.

16. The sUAS 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 symbol as denoted on the 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 to the Administrator or any law enforcement official upon 

request.

17. The sUAS will fly during daylight 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 UAS operations.

Privacy Policy:

All flights 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 photography will take place.

Requested Exemptions from Code of Federal Regulations Title 14:

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14 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 populated areas of the sUAS. In all cases, an analysis of these

criteria demonstrates that the sUAS 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

without 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. Operations under this 

exemption will be tightly controlled and monitored by the operator, and in compliance with local 

public safety requirements. Lastly, application of these same criteria demonstrates that there is 

no credible threat to national security posed by the sUAS, 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 number 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 less than 2 inches nor more

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or

"provisional," as applicable. Even though the sUAS will have no airworthiness certificate, an 

exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station 

on which the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering

will be impossible. However, the applicant is prepared to mark the sUAS with the registration 

number if applicable, name of the applicant and contact information, 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 sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the Pilot In Command (PIC) operating the aircraft to 

have a minimum sport pilot’s license rather than a commercial pilot’s license to operate the 

applicant’s sUAS. Unlike a conventional aircraft that carries 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 coordinated 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 

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certificate operating a conventional aircraft. The applicant requires the PIC to have at a minimum 

a sport pilot certificate to operate any of the applicant’s sUAS exceeding 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 unless 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 issued 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.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft 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, 

unless 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 will have immediate access.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot 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 exemption 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 sUAS 

functions performed by the applicant are accomplished at relatively low altitudes and at altitudes 

less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 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 the permission of the land owner or those who control 

the land. Because of the advance 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 

operations 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 aircraft that must comply 

with Section 91.119. The sUAS will never operate at altitude higher than 400 feet AGL and all 

operations will occur during daylight hours under Visual Meteorological Conditions (VMC) 

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only. The slow speed and low altitude of the sUAS limit 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 Visual 

Observer. Flight operations will be conducted in accordance with the FAA “blanket COA” (at 

least 5 nautical miles (NM) from an 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 

heliport 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. This radius may be reduced to 30 feet based upon an equivalent level of safety 

determination by the applicant and with permission from the relevant Flight Standards District 

Office.

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 indicates 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 elevation 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 operation. 

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 operations, 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 beginning a flight in Visual Flight Rules (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 regulation. 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 

prevent 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 capacity, 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 display 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 unlikely event that the sUAS battery reaches a critical level prior to the launch point, it 

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would 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) requires 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 

chapter...” 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 to 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 aircraft 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 these 

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 from no higher than 400 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 battery 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 

procedures 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 applicant.

Respectfully submitted,

Terence R. Powell

President, Rose-Field Inc.

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