Apiary Productions LLC Petition for Exemption

– Section 333 Title 14 CFR 111.81 (FAA)

November 26, 2015

US Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Electronically submitted via regulations.gov from:

Apiary Productions , LLC 834 Washington Ave, Apt 301 Carnegie PA 15106 apiaryprodllc@gmail.com

Apiary Productions is requesting a petition for exemption (Section 333) to fly small UAS for the purpose of infrastructure inspection work suc h as solar farms, wind turbines , cell phone tower inspections, and construction projects. Apiary Productions is fo cusing on supporting energy

, communication, and infrastructure since it’s a critical part of our nation’ s economic success. Using UAS, we can help contractors and managers photograph, inspect , and map various properties , at reduced risk while providing a new level of information not p reviously accessible. In addition, noise and air pollution is less than alternatives. We are seeking exemption from several CFR’s as noted below that remain burdensome to Apiary Productions doing business and growing. We believe and will provide supporting documentation that Apiary Productions can provide a level of safety greater than or eq ual to the rules we are seeking exemption from. This request is in the public interest, our interest and our local community’s interest here in Pennsylvania . We have not iced profound potential safety and economic impacts.

Aircraft

Apiary Productions is looking for exemption for the operation of a DJI Phantom 3 Professional

UAS and a DJI Inspire 1 UAS.

The Specific sections of Title 14 of the Code of Federal Regulations from which Apiary Productions requests exemption: 14 CFR : Part 21 Subpart H; 61.113(a)&(b); 91.121; 91.151; 91.405(a); 91.407(a) (1); 91.409(a)(1) and (2); 91.417(a)&(b)

For Each CFR

– I have created a response addressing:

1. Rule is burdensome to Apiary Productions...

2. Apiary Productions can provide a level of safety greater than or equal to the rule we are seeking exemption to. Explain...3. This request is in the public interest (Apiary Productions / Public / Community)

RE: Exemption Request Section 333 of FAA Reform Act of F.A.R.s. and 14 CFR

Part 11.

14 CFR 21 H

– Airworthiness Certificates sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and operational area of my, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U. S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airpor ts and dense populations.

Apiary Productions UAS meet or exceed each of the elements. Subpart H establishes the procedural requirements for the issuance of airwort hiness certificates as required by FAR 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by Apiary Productions, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC 44701 (f) ) and Section 333 of the Reform Act both authorize the FAA to

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of

the particular SUAS. In all cases, an analysis of these criteria demonstrates that the SUAS operated without an airworthiness certificate, in the restricted environment and under the conditions prop osed, will be at least as safe, or safer, than a conventional aircraft operating

with an airworthiness certificate without the restrictions and conditions proposed.

61.113 (a)(b) Private Pilot Privileges and Limits These regulations limit private pilots to non‐commercial operations. Because the SUAS will not carry a pilot or passengers; due to the SUAS’s size, weight, speed, and operational capabilities; and since operations will occur in tightly controlled and limited airspace, the proposed operations can achieve the equivalent level of safety of current operations that currently require a commercial pilot’s license while still benefiting the public good.

91.121 regarding altimeter settings is inapplica ble insofar as our UAS utilizes electronic global positioning systems with a barometric sensor. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the

SUAS may not have a barome tric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator by confirming the altitude of the launch site shown on the GPS altitude indicator before flight.91.151(a) pres cribes that no person may begin a fli ght in an airplane under visual flight rules

(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 sp eed

— During the day, to fly after that for at least 30 minute s ;

This regulation prohibits an individual from beginning “a flight in an airplane 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

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the SUAS provides approximately 25 m inutes of powered flight. That would make it impossible to meet the 30 minute reserve requirement.

Given the limitations on the SUAS’s flight area and the location of its operations within a predetermined area, a longer time frame for flight in daylight V FR conditions is reasonable. An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power (whichever occurs first). This restriction would be more than adequate to return the SUAS to its planned landing zone from anywhere in its limited operating area.

Maintenance Inspections

91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

91.407 (a)(1); prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, p reventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.

91.409 (a)(1) and (2); prescribes that no person may operate any aircraft unless, within the preced ing 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

91.417 (a)(b) The above‐cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .”

These Regulations on ly apply to aircraft with an airworthines s certificate. They will not, therefore, apply to out UAS. However, as a safety precaution Apiary Productions shall inspect all UAS before and after each flight. ( See attachment for user manual). These regulations r equire that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except asprovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply. Maintenance will be ac complished by the operator pursuant to

the Phantom user manual and guide. An equivalent level of safety will be achieved because

these small SUASs are very limited in size, will carry a small payload, and operate only in restricted areas for limited period s of time. If mechanical issues arise, the SUAS can land immediately and will be operating from no higher than 400 feet AGL. Further, the operator will ensure that the SUAS is in working order prior to initiating flight and perform maintenance as required. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

UAS Equipment

Apiary Productions plans to utilize a DJI Phantom 3 Professional . Apiary Productions PIC will operate the UAS in a safe manner fully aware of the NAS minimizing risk on both the ground

and air. With full VLOS and redundant systems on board as well as GPS the UAS will be carefully guided to inspect and ph otograph properties, infrastructure , communication, and energy installations. Apiary Productions shall officially register the UAS with the FAA before any flights

commence. See the attached documents for design and operation characteristics. Checklists

wil l be amended as need to create an even higher level of safety. UAS are less than 50lbs and fly less than 30 MPH and under 400ft. Flights will be ceased and UAS will return to home at 25% battery power. A ‘ Return to Home ’ feature is available and can be use d should connectivity or power issues arise.

Procedures

Prefligh t checklists will be followed (S ee attach ed user guide). Maintenance and repairs will be logged and batteries will be logged as well. ( Attached user manual).

Radio Frequencies

2.4 and 5.8 Radio Spectrum Frequencies will be used to communicate and provide video feeds from the UAS to a ground station. All frequencies and usage will comply with existing FCC

bands.

Pilot in Command (PIC) and Visual Observer Rules/Goals

Apiary Productions’ (PIC) shall hold a valid FAA issued airman certificate and valid class II or III

medical at the time of flights unless the requirements were to change prior to the being granted an exemption

. No commercial flights will be made without meeting all FAA criteria.

PIC will have had at least 3 takeoffs and 3 landings in the preceding 90 days.A Visual Observer will understand basic UAS operational characteristics, safety protocols and

have site understanding to help in successful missions. The visual observer will primarily be for keeping an extra set of eyes on the sky while noting proximity to ground hazards including people and property. Prompt notification via voice or radio will be key for quick

communication.

Operation of UAS / Privacy / Public Safety

Apiary Productions is aiming to work with customers in the construction, communications,

energy , and infrastructure space in primarily Southwestern Pennsylvania to start. Apiary

Productions will inspect and photograph cell towers

, real estat e , and construction sites for example

. We feel that using UAS will complement existing technologies and equipment that is being used today but also provide a greater level of safety than alternatives.

Apiary Productions shall conduct operations in VFR VMC weather dur ing daylight hours outside of Class B airspace and outside of 5 mile a rea of Class D/C airport unless approved in the COA. In addition, flight altitudes will be no higher than 400FT AGL. All operations will be conducted line of sight (LOS). We are aware a clearance in the form of a COA will be needed to conduct any operations outside of Class G airspace from the local controlling authority (Tower or FSDO). In addition any needed NOTAMs will be completed 48 hrs. before flights.

Potential hazard s will be outlined in initial safety briefings and clearly avoided. Hazards could include power lines, tall s tructures and mechanized moving equipment. “See and Avoid” rules using VLOS will be followed to minimize NAS impacts. Further, permissions must

be granted or approved over private or public lands where UAS is operating.

COA will be secured before flights as required by latest FAA guidance. TFRs, NOTAMS, weather etc. will all be recognized / utilized as applicable.

Further:

 All operations will avoid congested or populated areas.

 Notifications will be made in advance to nearby or lega l entities such as local police and the fire department.

 The operator will file a NOTAM for each flight as required by FAA / FSDO Office.

 A pre

- job brief will be dev eloped and conducted and must verify control of the flight area, including the absence of members of the public in the flight area.

 The UAS will carry no passengers, crew, or flammable fuel.

Checklists will guide operators during pre‐flight, flight, and post flight operations and reduce risk. Safety risk assessment checklists will be developed and updated yearly. The UAS will carry no passengers, crew, or flammable fuel.Since the areas being photographed or filmed will be on primarily private property, accessed

only after given written and/or oral consen t by the property owner(s), and clear of all people, except for the PIC and the PIC's helper(s), approval of this application presents no risk to the public privacy.

Reference to similar Petitions:

Ast reus Aerial, petition

– Petition No. 0352, Grant No. 11062. Alan Purwin, petition ‐ Petition No. 0786 , Grant No. 11161 Singer’s Creations, petition ‐ Petition No. 0915 , Grant No. 11191

Supporting Documents Etc.

 Phantom Safety Guidelines

 Phantom Training Guide

 Phantom Intelligent Flight Battery Safety Guidelines

 AMA Safety Code

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. Please contact me at any time if you require additional information or clarification.

Respectfully,

Maurice Moye, Member

– Apiary Productions LLC 834 Washington Ave , Apt 301 , Carnegie PA 15106 apiaryprodllc@gmail.com