February 23, 2016
U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590



### Apex Aerial LLC’s Petition for “Summary Grant” **Exemption to Operate Unmanned Aircraft Systems for Aerial Filming and Data Collection** 

FAA Regulatory

Docket

**NAME AND ADDRESS OF PETITIONER COUNSEL FOR PETITIONER**  Apex Aerial LL C P.O. Box 150222 Ogden, Utah 84403 801.721.7329 www.ApexAerial.com David R. Conklin Kirton McConkie 50 East South Temple Salt L ake City, Utah 84111 801.328.3600 dconklin@kmclaw.comFebruary 23, 2016

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**GLOSSARY OF ABBREVIATIONS**

 AGL Above Ground Level

 AOI Area of Interest

 ATC Air Traffic Control

 ATO Air Traffic Organization

 AV Aerial Vehicle

 CFR Code of Federal Regulations

 COA Certificate of Authorization

 FAA Federal Aviation Administration

 FAR Federal Aviation Regulation

 GCS Ground Control Station

 GPS Global Positioning System
 LOL Loss of Link

 NAS National Airspace Sy stem
 NOTAM Notice to Airman

 PI C Pilot In Command

 FMRA Section 333 FAA Modernization and Reform Act of 2012

 RC Remote Controlled

 SO Safety

Observer

 SOP Standard Operating Procedures

 UA Unmanned Aircraft

 UAS Unmanned Aircraft Sy stem
 UAV Unmanned Aerial Vehi cle

 VFR Visual Flight Rules

 VLOS Visual L ine of Site

 VMC Visual Meteorological Conditions

 VTOL Vertical Takeoff and Landing

 AD Airworthiness Directives

 SVFR Special Visual Flight Rules

 NTSB National Transportation Safety BoardFebruary 23, 2016

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**SUMMARY** Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Apex Aerial LLC , hereafter referred to as Apex Aerial , that operates Small Unmanned Aircraft Systems (sUASs) equipped to conduct aerial photogra phy and videograph y, hereb y applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be estab lished by the FAA as required by Section 333.1 As described more full y below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is : 1) limited , 2) predeterm ined , and 3) controlled. The proposed exemption would allow Apex Aerial to conduct commercial operations of sUASs in a manner that meets or exceeds all of the operational and safety requirements set forth in Section 333. Apex Aerial is a photograph y/tec hnology company owned and operated b y Roland R. Brown

. Apex Aerial has over 10 years of experience in Remote Controlled (RC) aircraft with both fixed and rotary

aircraft. Our experience includes building and fl yi ng vario us RC aircraft. Apex Aerial will use these capabilities to offer a variety of services to the real e state, c onstruction, and e vents industries. The granting of this exemption will allow us to continue to expand our current services and better meet the needs of our clients in a safe, cos t effective and efficient manner. The ability

to offer these services , that are often superior to manned aircraft due to their safety, significantl y reduced cost, very low noise levels, and flexibility, will provide a significant enhancement to our services. The name and address of the applicant are: Apex Aerial LLC P.O. Box 150222 Ogden UT, 84403 **EXEMPTIONS REQUESTED** Apex Aerial seeks exemption from the requirements of : 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b),February 23, 2016

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**INTRODUCTION AND INTERESTS OF THE PETITIONER** Unmanned Aircraft Sy stems: Apex Aerial will utilize sUAS in the class of , and meeting the specifications of , the DJ I Phantom 3. The DJ I Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS). Subsequent use of the term sUAS, Unmanned Aerial Vehicle (UAV ) , or UA will be referencing a vehicle wi th equivalent specifications of the DJIPhantom 3 Professional. The general specifications of the sUAS to be used by Apex Aerial are:

 Weight: 1280 g

 Diagonal Size (including propellers) 590 mm

 Max Ascent Speed 5 m/s

 Max Descent Speed 3 m/s

 Max Spee d 16 m/s

 GPS Mode GPS/Glonas

These sUAS contain additional safety features such as auto return

- to

- home in the event of a loss of signal, or low battery

condition. The status of the aircraft can be monitored in real time for monitoring onboard s ys t ems such as signal strength, distance from PIC, and remaining battery and flight time. These features along with our rigorous pre

- flight safety checks (see Appendix B ) and experienced operators and the use of a SO will help to ensure the safety of each fl ight.
The sUAS that will be operated b y Apex Aerial will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, I dentification and Re gistration Marking.
**BASIS FOR PETITION** Petitioner, Apex Aerial , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Sy stems, hereby petitions the Administrator to commercially operate the aforementioned s UAS in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Apex Aerial operation of s UAS meets the conditions of FMRA Section 333 and , therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.February 23, 2016

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Accordingl y, Apex Aerial requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. Apex Aerial submits that the requested relief is proper since an equivalent level of s afety will be ensured. Apex Aerial will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the Unmanned Aircraft S ys tem ( UAS ) using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, Instruction Manual , and M aintenance Checklist). Furthermore, Apex Aerial will document and maintain all maintenance records for the UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requeste d by Apex Aerial to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight hour and currency requirements, th at the PIC is able to safel y operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Apex Aerial seeks relief from Section 9 1.7(a), entitled Civil aircraft airworthiness, because the s UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Apex Aerial submits that they will ensure that the UAS is in an airworthy condition, prior to every

flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, UAS Instruction Manual , and pre

- flight safety check procedures ), and that the aircraft are in a condition for safe flight. Apex Aerial also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the UAS will not have a typical barometric altim eter onboard. However, altitude information of the UAS will be provided to the PIC via Global Positionin g Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA S to the GCS for active monitoring of the flight path. This altitude information, combined with Apex Aerial ’s operation of the UAS within visual line of sight, at or below 400 feet Above Ground Level (AGL ) , will ensure a level of safety equivalent to Section 91.121. Additionally , Apex Aerial seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Apex Aerial submits that safety will not be affected b y operation of the UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately

23 minute s. Battery

power indicators are also able to show exactly how much battery power remains , as well as the time needed to return safely back to point of take off. In accordance with 14 C.F.R. § 11.81, Apex Aerial will provide the following information in s upport of its petition for exemption:February 23, 2016

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**A. Name And Address Of The Petitioner.** The name and address of the Petitioner and point of contact is:
Roland R. Brown Apex Aerial , LL C P.O. Box 150222 Ogden, UT 84403 (801) 721.7329 rolandrbrown@gmail.com **B. The Specific Sections Of 14 C.F.R. From Which Apex Aerial**  **S eeks**  **E xemption.** 
**1. Apex Aerial**  **Seeks Exemption From The Requirements Of Section 61.113(a)**  **a nd (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passe ngers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. Apex Aerial**  **Seeks Exemption From The Requirements Of Section 91.7(a).** Section 91.7, entitled civil aircraft airworthiness, subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.
**3. Apex Aerial**  **Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; orFebruary 23, 2016

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(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before departure.

**4. Apex Aerial**  **Seeks Exemption From The Req uirements Of Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) No person may

begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 20 minutes.
**5. Apex Aerial**  **Seeks Exemption From The Requirement Of Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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.
**6. Apex Aerial**  **Seeks Exemption From The Requirements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance , rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter.
**7. Apex Aerial**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And**  **91.409(a)(2).** Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.February 23, 2016

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**8. Apex Aerial**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And**  **91.417(b).** Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, p ropeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limit ed parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the m ethod of compliance, the AD or safety directive number and revision date. If the AD or safety

directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shal l be retained until the work is repeated or superseded by other work or for 1 ye ar after the work is performed.February 23, 2016

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(2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a regis tered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**C. The Extent Of Relief Apex Aerial**  **Seeks And The Reason Apex Aerial**  **Seeks The Relief.**
**1. Extent Of Relief Apex Aerial**  **Seeks And The Reason Apex Aerial**  **Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pil ot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any busi ness or employ

ment if: (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
As set forth more full y below, Apex Aerial submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the UAS unless that PI C has met certain flight

- hour and currency

requirements, demonstrating that the PIC is able to safel y operate the UAS in a manner consistent with the operations speci fications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Apex Aerial submits that all flights of the UAS, conducted by the PI C pursuant to the grant of this Petition: (1) W ill be incidental to Apex Aerial business; and (2) will not carry passengers or property for compensation or hire.
**2. Extent Of Relief Apex Aerial**  **Seeks And The Reason**  **Apex Aerial , LLC**  **Seeks Relief From Section**  **91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Apex Aerial to determine that the UAS are in airworthy condition prior toFebruary 23, 2016

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every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Apex Aerial Operations Manual, Monthly Maintenance Log, and pre

- flight checks ). Apex Aerial seeks the requested relief because the UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Apex Aerial will ensure that UAS are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and pre - flight checks ) prior to every

flight, and further, determine that the aircraf t are in condition for safe flight, as stated in the conditions and limitations below.
**3. Extent Of Relief Apex Aerial**  **Seeks And The Reason Apex Aerial**  **Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Apex Aerial seeks the requested relief because UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary

to comply

with the applicable conditions and limitations stat ed below. As more fully

set forth herein, an equivalent level of safety will be maintained since the UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.
**4. Extent Of Relief Apex Aerial**  **Seeks And The Reason Apex Aerial**  **Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitle d Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 m inutes. Apex Aerial seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered UAS will severely constrain the practicality of any aerial video or still photo flight operations that Apex Aerial proposes to conduct pursuant to this Petition. Significantly , as set forth below, the technical specifications of the UAS, the operating documents and proposed operating limitations, ensure that Apex Aerial will safely operate the battery

- powered sUAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes.February 23, 2016

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**5. Extent Of Relief Apex Aerial**  **Seeks And The Reason Apex Aerial**  **Seeks Relief From S**  **ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y appl y to aircraft with an airworthiness certificate, Apex Aerial requests relief from the se Sections because the UAS do not require airworthiness certificates. As set forth more full y below, the UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Apex Aerial will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Apex Aerial Operations Manual, Monthly Maintenance Lo g, and pre - flight checks ). Furthermore, Apex Aerial will document and maintain all maintenance records for UAS. **D. The Reasons Why Granting Apex Aerial**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing Apex Aerial to safel y, efficientl y, and economically perform aerial video and photography of construction sites, real estate, and events over certain areas of the United States. Additionally , use of the UAS will decrease congestion of the NAS, improve access to the benefits of aerial video and photography to more businesses due to the reduced costs, reduce noise and CO2 pollution , and allow us to expand our operations and bring on additional employees to support the business as it grows.
**1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The UAS are battery

powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By Apex Aerial reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The UAS do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.
**2. The**  **Public Will Benefit From The Safety And Efficiency Of The UAS.** Conducting aerial acquisitions with the UAS, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditi onal aerial video and still photography flight operations. By using battery power and electric motors, the UAS produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty picall y utilized forFebruary 23, 2016

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aerial video and photography , while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pol lution, as the UAS are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually assoc iated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the UAS, weighing approximately 2.8 pounds at their maximum gross wei ght , has less ph ys ical potential for collateral damage to life and property on the ground and in the air, compared to the manned aircraft that ty pic all y conduct similar operations.
**3. Performing Aerial Video and Photography Operations With UAS Will Benefit T**  **he Economy.**  In addition to being safe and efficient, the UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the UAS will allow United States based companies, like Apex Aerial , to rem ain competitive and contribute to the growth of the U.S. economy

. Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (EPA) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the UAS, companies such as Apex Aerial can remain competitive and profitable, and , therefore, provide greater job stability to employees and contractors which will ultimately co ntribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the UAS, provides a stable workforce that increases consumer spending , improves l ocal, state, and federal tax revenues , and allows companie s to invest in research and development in order to remain competitive both in the United States and abroad.
**4. There Are No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, Apex Aerial propose d operation of the UAS will not implicate any privacy issues. Specificall y, the UAS will be operated only in compliance with operating documents (i.e., the Apex Aerial Operations Manual, Monthly Maintenance Log, and pre - flight checklist) which require property owner involvement as well as local law enforcement notification, and in accordance with theFebruary 23, 2016

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Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adver sely Affect Safety, Or**  **How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **Apex Aerial Seeks Exemption.** 
**1. Reasons Why The UAS Meet The Conditions Of The FAA**  **Modernization and Reform Act of 2012 (FMRA)**  **Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Apex Aerial operation of the UAS meet the conditions of FMRA Section 333, and will not require an airworthiness c ertificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security . Specifically , FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 day s after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft sy stems may operate safely

in the national airspace sy stem before completion of the plan and rulemaking required by section 332 of this Act or the guidance required b y secti on 334 of this Act. (b) Assessment of Unmanned Aircraft S ys tems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) Which ty

pes of unmanned aircraft s ys tems, if any , as a result of their size, weight, sp eed, operational capability , proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security ; and (2) Whether a certifi cate of waiver, certificate of authorization, or airwo rthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft s ys tems identified under paragraph (1). (c) Requirements for Safe Operation

. -- If the Secretary determines under this section that certain unmanned aircraft s ys tems may operate safel y in the national airspace sy stem, the Secretary

shall establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem. In seeking this exemption, Apex Aerial submits that the UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the UAS; (b) the pilot certification requirement; and (c) the specific operatin g limitations.February 23, 2016

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**a. The Specifications Of The UAS Demonstrate Its Safe Characteristics.**  The UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical Specifications Of The UAS.**  The technical specifications of the UAS are set forth by the UAS User Manual, attached hereto as Appendix A

. **ii. The UAS Global Positioning Modes Enable The UAS To Remain Within A**  **Defined Operational Area**
**.** The UAS may

be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the UAS is provided in the User Manual attached hereto as Appendix A.
**iii. The UAS Are Designed For Automatic Return T**  **o Home Point Or Hover In**  **The Event Of Loss Of The Control Link Or Navigation.** When the Control Link is lost, the UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the UAS are set forth in the Us er Manual, attached hereto as Appendix A.
**iv. The**  **UAS GCS And Its Operation.**  A complete description of the operation and specifications of the UAS GCS and flight control software is provided in the User Manual attached hereto as Appendix A.
**b. Flight**  **Operations Of UAS Is Limited To The Line Of Sight Of A Certificated Pilot in**  **Command With A Safety Observer.** The Apex Aerial video production staff will be the only persons to act as a pilot in command (PI C) of the UAS. Additionally , a safety observer wil l assist at all times during flight time.

**c. Flights Of UAS Will Be Conducted Pursuant To Specific**  **Operating Limitations.** In seeking this exemption, Apex Aerial proposes to commerciall y operate UAS for the specific purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations. 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS w eighing less than 55February 23, 2016

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pounds maximum gross weight. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAS may

not be flown at an indicated airspeed exceeding 20 knots. 4 . The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAS must be operated within visual line of sight (VLOS) of the PI C 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 medi cal certificate. 6. The use of first person view (FPV) b y the PI C or safety observer (SO) is not permitted. 7. All operations must utilize a SO. The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstr uctions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between th e conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must f ollow 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 revisions and present updated and revised documents to the Administrator upon reques t. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, th en the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect th e UAS to ensure that it is in a condition for safe flight. 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. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.February 23, 2016

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11. 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. The PI C who conducts the functional test flight must make an entry

in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maint enance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must not operate any UAS whil e under the influence of any substance that may impair their judgment or ability to comply

with all PI C requirements

. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, 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 nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. 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 PI C.February 23, 2016

Page 17

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operatin g documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM ) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder r equirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Marking s must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency require ments. 28. The documents required for 14 C.F.R. 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at l east 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential 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 and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safety assessment of the risk of op erating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations sh all be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. PermissionFebruary 23, 2016

Page 18

from land owner/controller or authorized representative will be obtained for each flight to be conducted whe re required

. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accide nts must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)**  **Would Not Adversely Affect Safety.**  Apex Aerial submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PI C will be allowed to operate the UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Apex Aerial ’s proposed area of operations, and the operating limitations set forth

above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airm anship skills necessary to safel y operate the UAS, Apex Aerial submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the air manship skills necessary for Apex Aerial ’ s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Apex Aerial will n ot allow any P IC to operate the UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the UAS training and currency requirements, that the PI C is able to safel y operate the UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in complianc e with applicable regulations will ensure an equivalent level of safety during Apex Aerial ’s proposed operations. The Administrator has held that prior documentedFebruary 23, 2016

Page 19

flight experience that was obtained in compliance with applicable regulations would ensure sa fe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PI C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in th e 10 hours of multi

- rotor time and the 10 hours may

be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight e xperience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Apex Aerial will ensure safe operations by not allowi ng any PI C to operate the UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers an d maintaining appropriate distances from people, vessels, v ehicles and structures.
**3. Reasons**  **Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every flight, Apex Aerial will ensure that the UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has prev iously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).February 23, 2016

Page 20

**4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the UAS will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Apex Aerial ’s operation of the UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety

equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a z ero altitude initiation point is automatically

established by

the UAS at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Apex Aerial will ensure that it will safel y operate the battery powered UAS during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 23 minutes. Here, as in Exemption No. 11109, the technical specifications of the UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety

established by

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the UAS provide s audible and visual warnings to the PI C at the GCS when the UAS experiences low battery voltage, with the first warning occurring at approximately

33% remaining battery

power, and again at approximately 10% remaining battery power. At th e criticall y low battery level, the UAS will descend and land automatically. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating li mitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Sectio n 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).February 23, 2016

Page 21

**6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely**  **Affect Safety.** In seeking this exemption, Apex Aerial submits that the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Apex Aerial will use trained technicians to per form maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Apex Aerial Operations Manual, Monthly Maintenance Log, and UAS In struction Manual). Furthermo re, Apex Aerial will document and maintain all maintenance records for the UAS. Since the UAS will be inspected as prescribed b y the operating documents, Apex Aerial will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the UAS User Manuals are attached hereto as Appendix A and B. A copy of the Maintenance Checklist is attached hereto as Appendix C. Li kewise, the exemption sought will not adver sel y affect safety because Apex Aerial will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sou ght would maintain an equivalent level of safety established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maint enance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limit ations of the UAS are considered. In consideration of Apex Aerial ’ s proposed operating limitations, the operating documents, and the technical aspects of the UAS, Apex Aerial submits that safety will not be adversel y affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063 , 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Apex Aerial requests that the FAA prescribe special conditions for the intended operation of the UAS, which contain such safety standards that the Administrator finds necessary t o establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video andFebruary 23, 2016

Page 22

photograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a haz ard to users of the NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the saf e operation of the UAS in the NAS. Li kewise, the Administrator may

prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Apex Aerial ’s intended operation of the UAS, which contain such safety standards that the Administrator finds necessary to establish a leve l of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A Summary That Can Be Published In The**  **Federal Register, stating: The Rules From Which**  **Apex Aerial Seeks Exemption:**  Apex Aerial seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption**  **Apex Aerial , LLC**  **Seeks:** This exemption will permit Apex Aerial to commerciall y operate an Unmanned Aircraft Sy stem (UAS) for the purpose of conducting aerial video and photograph y over certain areas of the United States. **• Any Additional Information, Views, Or Arguments Available To Support Apex Aerial**  **’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012February 23, 2016

Page 23

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safel y in the NAS. As such, Apex Aerial ’s request for exemption may be granted pursuant to the authority

of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Apex Aerial will operate the UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, Apex Aerial seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Apex Aerial to safel y, efficientl y, and economically operate the UAS commerciall y within the NAS.
**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Apex Aerial respectfully requests that th e Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the UAS commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States.
Dated: February

10, 2016 Respectfully

submitted, Roland R. Brown Apex Aerial , LL C P.O. Box 150222 Ogden, UT 84403 (801) 721.7329 rolandrbrown@gmail.com Appendices:
A

– Li nk to DJ I Phantom 3 Professional Manual
B

– Apex Aerial P re - flight C heckl ist.
C

– Apex Aerial Maintenance ChecklistFebruary 23, 2016

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**Appendix A**  http://www.drone

world.com/media/p3/DJ I_Phantom_3_Professional_User_Manual_v1.0_en.pdfFebruary 23, 2016

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**Appendix B**February 23, 2016

Page 26

**Appendix C**

**MA INTENA**  **NCE CHECK LIST**

**BEFORE & A FTER EVERY FLIGHT**  * Check the condition of the props (run finger along leading and trailing edges, flex both blades to check for hairline cracks); * Check to ensure that motor shafts do not have free play (missing E clip? Loose bell housing screw? Bad bearings?); * Check that motors move freely when spun by hand; * Check condition of battery spade connectors and data pins (level, free movement, clean); * Check camera mounts and any other attachments are sec ure ; * W hen powered up and idling , confirm that there are no unusual noise s or vibration s from the motors. **EVERY WEEK or EVERY 10 FLIGHTS, WHICHEVER SOONER** * Visual inspection of shell and other plastic components for cracking/damage (landing skids, came ra mounting plates, etc.); * Check tightness of motor retaining screws and shell retaining screws (both 2.0mm hex); * Clean data spring pins and battery contact pads with alcohol with swab or proprietary electrical contact cleaner and cycle spring pins several times to check for spring weakness and full unimpeded travel; * Plug in to Vision Assistant and check TX & IMU calibration state to see if all battery cells have good balance (repeat for all batteries); * Check batteries for number of cycles and di scharge per recommendations if required. **EVERY MONTH or EVERY 40 FLIGHTS, WHICHEVER SOONER** * Remove upper shell and check state of all wiring

- plugs fully seated, condition of all solder joints, condition of visible circuit boards and wiring runs, intern als generally clean and no debris/loose items. * Remove motors and check security of E clips, condition of bearings and general visual inspection. * Remove rubber cover from camera servo mounting point and check tightness of the small cross - head screw.