24-April-2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR

 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121;91.151(a);91.203(a) & (b);91.405 (a); 

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

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Air-X Solutions hereinafter refereed to as Air-X, builder and operator of Small 

Unmanned Aircraft Systems (“sUASs”), hereinafter refereed to as UAS equipped to conduct aerial 

photography/cinematography/aerial data collection and UAS pilot training, 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.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned UAS under controlled conditions in airspace that is:

1. Limited

2. Predetermined 

3. Controlled as to access and,

4. Would provide safety enhancements to the already safe operations in the aerial 

photography/cinematography/aerial data collection and UAS pilot training industry presently 

using conventional aircraft. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...

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

system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Air-X Solutions

Attn: Keith A. Johnson 

Email: airx401@yahoo.com

Address: 4 Carmichael Street, Suite 111, #144, Essex Junction, Vt 05452

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Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rule-making required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UAS do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

• The UAS size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the 

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

aircraft in the national airspace system.” Id. §333(c) (emphasis added) . 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of

the Act, that includes UAS, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704;

14 CFR §91.203 (a) (1). 

Air-X UAS is one (1) quad-copter aircraft, constructed by Air-X with four (4) rotors and four 

(4) motors in a quad-copter configuration (X4), with a max gross weight of seven (7) or fewer lbs. 

including payload and with serial #AX001. The UAS will operate, under normal conditions at a speed 

of no more than 30 knots and have the capability to hover, and move in the vertical and horizontal 

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plane simultaneously. PIC will operate only in line of sight of UAS and will follow procedures 

described in the confidential Air-X Operations Handbook (AOH) which can be provide upon request. 

Such operations will insure that the UAS will “not create a hazard to users of the national airspace 

system or the public.

Given the small size of the UAS involved and the restricted nature in which it will operate, the 

applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence 

immediately. Also due to the size of the UAS and the nature in which the relevant UAS will operate, 

approval of the application presents no national security issue. Given the clear direction in Section 333 

of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced emissions associated

with allowing UAS for aerial photography/cinematography/aerial data collection and UAS pilot 

training operations, the granting of the requested exemptions is in the public interest. Accordingly, the 

applicant respectfully requests that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure. The 

proposed operations represent a safety enhancement to the already safe photography/cinematography 

and data collection industry operations, conducted with conventional aircraft. 

The limitations and conditions, Standard Operating Procedures (SOP), to which Air-X agrees to 

be bound when conducting commercial operations under an FAA issued exemption include: 

1. The Pilot in Command (PIC) will be a commercially rated pilot.

2. The UAS will be operated at an altitude of no more than 200 feet above ground level (AGL). 

All altitudes reported to ATC will be in AGL. 

3. The UAS will not be flown at an airspeed exceeding 30 knots. 

4. The UAS will 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.

5. All operations will utilize a Visual Observer (VO). The UAS will be operated within VLOS of 

the 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 will be able to communicate verbally at all

times. The PIC will be designated before the flight and cannot transfer his or her designation for

the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed 

in the AOH. 

6. The AOH and the grant of exemption will be accessible during UAS operations and made 

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available to the Administrator upon request.

7. UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations 

will be conducted under visual meteorological conditions (VMC).

8. A Notice to Airman (NOTAM) will be issued not less than 24 hours in advance, prior to flight 

operations unless:

(a) a request has been made to Air-X by law enforcement, first responder or exigent 

circumstances exist that would preclude data collection if prompt action is not taken and a 

wavier to the 24 hour NOTAM requirement has been given to Air-X by the controlling Air 

Traffic Organization (ATO).

9. Non-Contolled Airport-The UAS will not operate within two (2) nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical chart unless:

(a) radio calls are made on the airport unicom frequency prior to and during flight operations 

stating PIC's intentions and location. During operations altitudes are limited to 100 ft AGL 

and PIC will maintain visual separation from all aircraft. 

10. Controlled Airport-The UAS will not operate within five (5) nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical chart unless:

(a) Prior approval has been given by the controlling ATO and two way radio communication 

has been established with that controlling ATO prior to/and maintained during the flight. A 

deviation request (if required), to operate an aircraft that is not equipped with a transponder 

in Class B Airspace has been approved. 

(b) Altitudes are limited to 100 ft AGL, PIC will maintain visual separation from all aircraft, 

and not operate off the extended center line of the active runway unless given clearance 

from the controlling ATO. 

11. The UAS will 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.

12. UAS will be flown in the GPS Attitude mode during all operational flights.

13. If the UAS loses communications or loses its GPS signal, it will return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with the

AOH.

14. The PIC will not begin 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 UAS 

with 25% battery power remaining.

15. All aircraft operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

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16. Before conducting operations, the radio frequency spectrum used for operation and control of 

the UAS will comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

17. The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request. 

18. The UAS will remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

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

(a) The PIC has made a safety assessment of the risk of operating and determined that it does 

 not present an undue hazard.

20. Flight operations will be conducted at least 150 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: 

(a) Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UAS and/or debris in the event of an accident. The operator will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 150 feet of the UAS, flight 

operations will 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 or 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, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a).

21. All operations will be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, 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 the Applicant, 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 U.S.C.§44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

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consideration of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

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 (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than seven (7) lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates as set out in the 

AOH. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator/PIC, pursuant to the AOH's requirements, and under the requirements 

and in compliance with local public safety requirements, to provide security for the area of operation as

is now done with conventional operations. The FAA will have advance notice of all operations. These 

safety enhancements, which already apply to civil aircraft operated in connection with these types of 

operations, provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security posed

by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator will also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," 

or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as 

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” 

can be placed. Given the size of the UAV, two-inch lettering will be impossible. The word 

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAV will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft and the requirements contained in the AOH for maintenance and use of safety check lists prior 

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to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof.

The UAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action:

This regulation requires each PIC to take certain actions before flight to insure the safety of 

flight. As FAA approved flight manuals will not be provided for the aircraft an exemption will be 

needed. An equivalent level of safety will be provided as set forth in the AOH. The PIC will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the aircraft via 

radio communications. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

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helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes 

up to 200 AGL. As set forth herein, the UAS will never operate at higher than 200 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Because of the advance notice to the property owner and participants in the 

aerial photography/cinematography/aerial data collection and UAS pilot training activity, all affected 

individuals will be aware of the planned flight operations as set forth in AOH. Compared to flight 

operations with aircraft or rotorcraft weighing far more than the maximum seven (7) lbs. proposed 

herein and the lack of flammable fuel, any risk associated with these operations is far less than those 

presently presented with conventional aircraft operating at or below 500 AGL in similar industry. In 

addition, the low-altitude operations of the UAS will ensure separation between these UAS operations 

and the operations of conventional aircraft that will comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

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 UAS may not have a barometric altimeter, but 

instead a GPS altitude hold, an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the AOH and safety check list. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) 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 UAS provides approximately 12 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 

nine (9) minutes in length. Given the limitations on the UAS proposed flight area and the UAS can be 

landed within a very short time frame a nine (9) minute flight time seems reasonable. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to nine 

(9) minutes or 25% of battery power whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, 11138 and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

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has within it the following: 

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than seven (7) lbs and is operated without an on-board 

pilot. As such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the pilot flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 

and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

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 this section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator/PIC 

pursuant to the AOH. An equivalent level of safety will be achieved because these UAS are very 

limited in size and will carry a small payload and operate for limited periods of time. If mechanical 

issues arise the UAS can land immediately and will be operating from no higher than 200 feet AGL. As

provided in the AOH, the operator/PIC will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 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. 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b);14 C.F.R. §§ 91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 

91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial 

photography/cinematography/aerial data collection and UAS pilot training operations. 

Approval of exemptions allowing commercial operations of UAS in the aerial 

photography/cinematography/aerial data collection and UAS pilot training industry will enhance safety 

by reducing risk. Operation of conventional aircraft in these situations, using turbine or piston powered 

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aircraft, weighing thousands of pounds, carrying large amounts of Jet A or Avgas fuel, and operating in 

close proximity to people and structures present a far greater risk to people and property than a UAS in 

the same situation. Manned aircraft have to fly to and from the operations location wasting time and 

resources that can be used in obtaining product. In addition, customers who are not wealthy enough to 

pay hundreds of dollars to rent manned aircraft and equipment operators are excluded from obtaining 

these services. In contrast, UAS flights are of a shorter duration, they weighing fewer than 55 lbs., and 

are powered by batteries which eliminates virtually all of the above risk given the reduced mass and 

lack of combustible fuel. UAS operations are not started until the operations area is cleared and 

operations can be stopped in seconds if none participating personnel enter the operations area. The 

UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. 

The operation of small UAS, weighting less than 55 lbs., conducted in the conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, are in a supervised 

environment and, as a result, are far safer than conventional operations conducted with conventional 

manned aircraft operating in close proximity to the ground and people. 

Note: The upper Northeast Region of the United States consisting of Vermont, Upper State New York, 

New Hampshire and Maine, where the majority of Air-X operations will be conducted, are low 

population areas. However, a large section of the population of these states reside in urban areas that 

are in close proximity to Class C Airspace. Vermont for example has one (1) airport with Class C 

Airspace, Burlington International Airport (KBTV). Within the five (5) mile ring of the KBTV Class C

Airspace there are seven (7) cities/towns that include approximately 130,000 of Vermont’s 625,000 

citizens. To exclude that population from affordable aerial photography/cinematography/aerial data 

collection and UAS pilot training unjustly discriminates that section only because they are located 

within Class C Airspace. In addition, these restrictions impede operations like Air-X in their ability to 

solicit business from a large part of the population that would benefit from this service including law 

enforcement and first responders that cannot maintain a UAS under a public category exemption due to

financial or manpower limitations. Air-X has provided a framework for safe operations in Class B or C

Airspace that mirrors current FAA regulations. Air-X can provide, upon request, the qualifications of 

it's Chief Pilot that reflects nearly 37 years of safe operation of manned aircraft in the NAS, extensive 

training and 18 years specialized experience in aerial photography/cinematography and aerial data 

collection.

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