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January 23, 2016

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the

FAA Reform Act and Part 11 of theFederal Aviation Regulations from:

14 CFR 21, Subpart H, 45.23(b) 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a) & (b);

61.315; 91.7 (a); 91.103(b); 91.119; 91.121; 91.151(a)(1);

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, Honey Bee, Inc, a

Massachusetts corporation, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its UAS, 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.

We would like to formally submit for an exemption from part 21, subpart H; and Sections 

45.23(b) 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a) & (b); 61.315; 91.7 (a); 91.103(b); 

91.119; 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b)

of Title 14, Code of Federal Regulations (14 CFR). This proposed exemption would allow 

the operation of unmanned aircraft systems (UAS) for the purpose of aerial videography 

and photography real estate purposes and events.

Applicant:

Tal Reichert, President

Honey Bee, Inc,

PO Box 3293, Woburn, MA 01888
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Description of requested operations

Commercial operation of an UAS, as described herein, which are equipped with camera 

and sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate 

and other related professional activities.

 Aerial video and/or photography for public and/or private use including public and 

private events.

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited, b) controlled, c) 

predetermined, and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation responsibilities to 

“....establish requirements for the safe operation of such aircraft systems in the national

airspace system.”

We will operate a UAS, DJI Phantom 3, which is comprised of an unmanned aircraft (UA 

or Phantom), an attached camera and a transportable ground station.

The DJI Phantom 3 is a rotorcraft quadcopter, with a gross weight of 2.8 pounds. It is 

equipped with four rotors that are driven by electric motors, and powered by lithium-ion 

battery. The UA has a maximum airspeed of 16 m/s. It will be operated over various 

metropolitan areas, primarily around Middlesex County, MA, to augment real estate listing 

photographs and videos, capture event areal video and photography, and related business 

operations.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, 

which ensures a level of safety at least equal to existing rules:

 Operate UAS below 300 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation;

 obtain permission from the owner/controller of any vessels, vehicles and structures 

when operations may be conducted closer than 500 feet to any such vessels, 

vehicles or structures; we will conduct a safety assessment of the risk of operating 

closer to those objects and determine that it does not present an undue hazard;

 Do not allow the UAS battery level to drop below 30%, and if it does, interrupt the 

flight and land as soon as practical;

 Operate UAS during daylight hours only and VFR flight conditions within visual 

line of sight (VLOS);

 use the UAS’ global positioning system (GPS) flight safety feature whereby it 

hovers and then slowly lands if communication with the remote control pilot is lost;

 contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent 

information;

 always obtain all necessary permissions prior to operation; have procedures in place 

to abort flights in the event of safety breaches or potential danger;
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 conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference DJI Phantom 3 User Manual).

Regarding UAS operational training, we have flown numerous practice flights in remote 

areas as hobbyists simulating flights for future commercial use to gain familiarization with 

the characteristics of the UAS’ performance under different temperature and weather 

conditions.

Any PIC operating our UAS will hold a valid medical or US Driver’s License, hold at least 

Sports Pilot or Recreational Pilot license, be current, and have accumulated and logged, in 

a manner consistent with 14 CFR

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to 

certain conditions and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 

333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

the two--‐inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, we can mark the UAS in the 

largest possible lettering by placing the word “Experimental” on its fuselage as required by 

§ 45.29(f) so that anyone will see the markings.

We request an exemption from § 61.23(a) and (c), which require a medical certificate or a 

US driver’s license according to the type of operations. For the commercial operations 

under the requested exemption, we request third-class medical certificate or a valid US 

driver’s license.

We request an exemption from § 61.101(e)(4) and (5), prohibiting recreational pilots from 

engaging in flying for compensation or hire or for furtherance of a business.

We request an exemption from § 61.113(a) and (b), limiting private pilots from directly 

engaging in operations for compensation or hire, limiting them to flights that are only 

incidental to that business.

We request an exemption from § 61.315, limiting sport pilots to non-commercial 

operations of light-sport aircrafts.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate, since there is currently no certificate applicable to our 

operation, this regulation is inapplicable.

We request an exemption from § 91.103(b), requiring pre-flight action, including 

information obtained from the flight manual, inapplicable in this case.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of 

civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. 

We will not operate our UAS above the altitude of 300 feet above ground level (AGL) and 

will also only operate in safe areas away from the public and traffic, thus “providing a level 

of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given 

the size, weight, maneuverability, and speed of the UAS, an equivalent or higher level of 

safety will be achieved.
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We request an exemption from § 91.121, which requires usage of proper altimeter settings. 

The proposed operations will use GPS-based altimeter with barometric sensor.

We request an exemption from § 91.151(a)(1) prescribes VFR fuel minimums, which are 

inapplicable for such short operations using a battery-powered UAS. The UAV is 100% 

electric and two low battery alerts are issued; per the operating documents, the UAV will 

be landed at the first alert. Also, our flights will last only 10-15 minutes each, and the UAS 

has an automated function, which results in immediate landing when a low battery is 

detected. The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first point of intended landing and, assuming 

normal cruising speed, land the UA with no less than 30% battery power remaining.

We request an exemption from § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) 

and (b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents.

Public Interest

Aerial photography and videography for real estate and events are proven strategies to 

enhance marketing efforts and increase business success. The industry is not new. 

However, until recently it was conducted through the use of costly manned aircraft, a 

prohibitive business activity for small companies. By granting this exemption I would be 

able to provide affordable services.

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the operation of 

our UAS will minimize harm to the environment economic growth by providing 

information to companies and the public looking to relocate or build in the metro areas we 

service. Public and private events serviced by our business enhance vibrancy and add 

culture to the community and its citizens.

Summary

We will comply with all of the following conditions and limitations should this exemption 

be granted, as well as any additional limitations enumerated by the Administrator:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA 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 
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corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. 

The VO 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 VO can perform the duties required of the 

VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 

or any law enforcement official upon request. The operator must also present updated 

and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted this exemption, then the operator must petition for an 

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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA 
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airman medical certificate or a valid U.S. driver’s license. The PIC must also meet the 

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC 

is rated on their pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification 

flight hours and currency must be logged in a manner consistent with 14 CFR § 

61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, 

proficiency, and experience-building) and determining the PIC’s ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available to 

the Administrator or any law enforcement official upon request.

17. The 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.

18. For tethered UAS operations, the tether line must have colored pennants or streamers 

attached at not more than 50 foot intervals beginning at 150 feet above the surface of 

the earth and visible from at least one mile. This requirement for pennants or streamers 

is not applicable when operating exclusively below the top of and within 250 feet of 

any structure, so long as the UA operation does not obscure the lighting of the structure.

19. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least 5 minutes or with the reserve power 

recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the enclosed COA.

23. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

24. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

25. The UA must remain clear and give way to all manned aviation operations and 

activities at all times.

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

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

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 in a manner ensuring the safety of 

nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption.

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

permission from the property owner/controller or authorized representative. Permission 

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

flight to be conducted.

29. 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.

Unless otherwise specified above, the UAS, the PIC and the UAS operations will comply 

with all applicable parts of 14 CFR.
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Summary for the Federal Registrar

Honey Bee, Inc requests exemption from 14 CFR 21, subpart H; and Sections 45.23(b) 

61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a) & (b); 61.315; 91.7 (a); 91.103(b); 91.119; 

91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) of Title 

14, Code of Federal Regulations (14 CFR). This proposed exemption would allow the 

operation of unmanned aircraft systems (UAS), specifically DJI Phantom 3, for the purpose 

of aerial videography and photography real estate purposes and events.

If you have need for further information, please contact Tal Reichert, 

tal.reichert@gmail.com, or by phone, (617) 863-0893.

Best regards,

Tal Reichert, Honey Bee, Inc.