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 such as solar farms, wind turbines, cell phone tower 

inspections, and construction projects. Apiary Productions is focusing 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 previously 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 equal 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 noticed 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 airports and dense populations.

Apiary Productions UAS meet or exceed each of the elements. Subpart H establishes the

procedural requirements for the issuance of airworthiness certificates as required by FAR 

91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be 

utilized by 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 proposed, 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 inapplicable 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 barometric 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) prescribes that no person may begin a flight 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 speed—

During the day, to fly after that for at least 30 minutes;

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 minutes 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 VFR 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, preventive 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 

preceding 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 only apply to aircraft with an airworthiness 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 require that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 
provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...,” 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 accomplished 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 periods 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 photograph 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 

will 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 used should connectivity or 

power issues arise.

Procedures

Preflight checklists will be followed (See attached 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 estate, 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 during daylight hours outside 

of Class B airspace and outside of 5 mile area 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 hazards will be outlined in initial safety briefings and clearly avoided.

Hazards could include power lines, tall structures 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 legal 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 developed 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 consent 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:

Astreus 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