February 23, 2016

U.S. Department of Transportation

Docket Management System

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 LLC

P.O. Box 150222

Ogden, Utah 84403

801.721.7329

www.ApexAerial.com

David R. Conklin

Kirton McConkie

50 East South Temple

Salt Lake City, Utah 84111

801.328.3600

dconklin@kmclaw.com
February 23, 2016

Page 2

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 System

 NOTAM Notice to Airman

 PIC 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 System

 UAV Unmanned Aerial Vehicle

 VFR Visual Flight Rules

 VLOS Visual Line of Site

 VMC Visual Meteorological Conditions

 VTOL Vertical Takeoff and Landing

 AD Airworthiness Directives

 SVFR Special Visual Flight Rules

 NTSB National Transportation Safety Board
February 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 photography and 

videography, hereby 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 established by the FAA as required 

by Section 333.1 As described more fully 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) predetermined, 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 photography/technology company owned and operated by 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 flying various RC aircraft. Apex 

Aerial will use these capabilities to offer a variety of services to the real estate, construction, and 

events 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, cost effective and efficient manner. 

The ability to offer these services, that are often superior to manned aircraft due to their safety, 

significantly 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 Systems: 

Apex Aerial will utilize sUAS in the class of, and meeting the specifications of, the DJI Phantom 

3. The DJI 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 with equivalent specifications of the 

DJI Phantom 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 Speed 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 systems 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 flight.

The sUAS that will be operated by 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, Identification and Registration 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 Systems, hereby petitions the

Administrator to commercially operate the aforementioned sUAS in the National Airspace 

System (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 sUAS 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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Accordingly, 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 only 

apply to aircraft with an airworthiness certificate.

Apex Aerial submits that the requested relief is proper since an equivalent level of safety will be 

ensured. Apex Aerial will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on the Unmanned Aircraft System (UAS) using the 

methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, Instruction Manual, and Maintenance 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 requested by Apex Aerial to the extent necessary to allow a 

Pilot in Command (PIC) 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, that the PIC is able to safely 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 91.7(a), entitled Civil aircraft airworthiness, because the 

sUAS 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 Log, 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 altimeter onboard. However, altitude 

information of the UAS will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UAS 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 by 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 minutes. 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 

support 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, LLC

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 Seeks Exemption.

1. Apex Aerial Seeks Exemption From The Requirements Of Section 61.113(a) and (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

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire;

nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; 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, by 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; 

or
February 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 Requirements 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 weather conditions) there is enough fuel to fly to the

 first point of intended landing and, assuming normal cruising speed, to fly 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 by 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 by 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, propeller, 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-limited 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 by 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 method 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 by § 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 shall be 

retained until the work is repeated or superseded by other work or for 1 

year 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 registered 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: Pilot in

command, is requested to the extent necessary to allow a PIC 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 PIC of an aircraft in connection with any

business or employment if: 

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully 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 PIC has met certain 

flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the 

UAS in a manner consistent with the operations specifications 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 PIC pursuant to the 

grant of this Petition: 

(1) Will 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 to 
February 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 airworthy 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 aircraft 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 PIC 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 stated 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) entitled 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 minutes. 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 

Sections 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) only apply to

aircraft with an airworthiness certificate, Apex Aerial requests relief from these Sections because 

the UAS do not require airworthiness certificates. As set forth more fully below, the UAS meet 

the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, 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 

Log, 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 by allowing Apex Aerial to safely, 

efficiently, 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, by 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. Likewise, a reduction of manned aircraft conducting aerial 

video and photography 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 drastically reducing the levels of air and noise pollution generated during traditional 

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 environmentally conscious alternative 

to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for 
February 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 pollution, as the UAS are propelled by 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 associated 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 weight, has less physical potential for collateral damage to life and 

property on the ground and in the air, compared to the manned aircraft that typically conduct 

similar operations.

3. Performing Aerial Video and Photography Operations With UAS Will Benefit The 

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 remain competitive and contribute to the 

growth of the U.S. economy.

Specifically, 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

contribute 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 local, state, and federal 

tax revenues, and allows companies 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 proposed operation of the UAS will not implicate any privacy issues. Specifically, 

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 the 
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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 Adversely 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 certificate 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 days after the date of enactment of this Act, the Secretary of Transportation shall 

determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of 

this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under

subsection (a), the Secretary shall determine, at a minimum--

(1) Which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, 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 certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system.

In seeking this exemption, Apex Aerial submits that the UAS can operate safely 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 operating limitations.
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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 To 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 User 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 

(PIC) of the UAS. Additionally, a safety observer will 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 commercially 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 weighing less than 55
February 23, 2016

Page 15

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 by the procedures specified in the operating documents unless a

special request is made and approved by 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 PIC 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 medical

certificate.

6. The use of first person view (FPV) by the PIC 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 always maintains VLOS capability. The SO

and PIC must be able to communicate verbally at all times. Electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The

PIC 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 PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions 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 the 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 follow 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 request. 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, then 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 PIC must inspect the 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

Page 16

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 PIC 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,

maintenance, 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 PIC must not operate any UAS while under the influence of any substance that 

may impair their judgment or ability to comply with all PIC requirements.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely 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. PIC 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 only 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 by 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 PIC.
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 PIC must abort the flight in the event of unpredicted obstacles or emergencies

in accordance with the operating documents.

24. The PIC 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 requirements.

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. Markings 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 requirements.

28. The documents required for 14 C.F.R. 91.9 and 91.203 must be available

to the PIC 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 yield the right of way to all manned aviation

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, 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 PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission
February 23, 2016

Page 18

from land owner/controller or authorized representative will be obtained for each

flight to be conducted where required.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents 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 by Section 61.113(a) and (b) 

will be maintained because no PIC will be allowed to operate the UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able 

to safely 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 forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary

to safely operate the UAS, Apex Aerial submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship 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, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

Apex Aerial will not allow any PIC to operate the UAS unless that PIC has demonstrated, by

meeting minimum flight-hour requirements or the UAS training and currency requirements, that

the PIC is able to safely 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.

Specifically, the PIC 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 PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an equivalent level of safety

during Apex Aerial’s proposed operations. The Administrator has held that prior documented 
February 23, 2016

Page 19

flight experience that was obtained in compliance with applicable regulations would ensure safe 

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 PIC 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 PIC 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 the 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

days (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 experience 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 PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Apex Aerial will ensure safe operations by not allowing any PIC to operate the 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency

requirements, that the PIC is able to safely 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.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, Apex Aerial will ensure that the UAS is in an airworthy condition based upon the 

UAS’s compliance with its operating documents and as stated in the conditions and limitations 

herein.

Additionally, the FAA has previously 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 by Section 91.121 will be maintained because the

altitude information of the UAS will be provided to the PIC 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 visual line of sight, at or below 400 feet AGL, will ensure a 

level of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero 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. 

Accordingly, Apex Aerial will ensure that it will safely 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 provides audible and visual warnings to the PIC 

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 the critically low battery level, the UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that

safety is not adversely affected when the technical characteristics and operating limitations 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 Section 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 perform 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 Instruction Manual). Furthermore, Apex Aerial will document and maintain all

maintenance records for the UAS.

Since the UAS will be inspected as prescribed by 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 copy 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. Likewise, the exemption 

sought will not adversely 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 by the operating documents. Furthermore, the exemption 

sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) 

and 91.417(b), because all maintenance of the UAS will be performed by trained technicians. 

Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by 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 adversely

affected when the technical characteristics and operating limitations 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 adversely 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 to 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 and 
February 23, 2016

Page 22

photography 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 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 in accordance with any

requirements that must be established for the safe operation of the UAS in the NAS. Likewise, 

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 level 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 commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography 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 2012
February 23, 2016

Page 23

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely 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 safely, efficiently, and economically operate the UAS commercially

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 the 

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 photography over certain areas of the United States.

Dated: February 10, 2016

Respectfully submitted,

Roland R. Brown

Apex Aerial, LLC

P.O. Box 150222

Ogden, UT 84403

(801) 721.7329

rolandrbrown@gmail.com

Appendices:

A – Link to DJI Phantom 3 Professional Manual

B – Apex Aerial Pre-flight Checklist.

C – Apex Aerial Maintenance Checklist
February 23, 2016

Page 24

Appendix A

http://www.droneworld.com/media/p3/DJI_Phantom_3_Professional_User_Manual_v1.0_en.pdf
February 23, 2016

Page 25

Appendix B
February 23, 2016

Page 26

Appendix C

MAINTENANCE CHECK LIST

BEFORE & AFTER 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 secure ;

* When powered up and idling, confirm that there are no unusual noises or vibrations from the 

motors.

EVERY WEEK or EVERY 10 FLIGHTS, WHICHEVER SOONER

* Visual inspection of shell and other plastic components for cracking/damage (landing skids, 

camera 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 discharge 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, internals 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.