US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Administration 

September 29,2015 

William Coyner 

Aero X 

7 Birkdale Court 

Slingerlands, NY 12159 

US Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Administration. 

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91.7(a); 14 CFR 

91.9(b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 

91.203(a) & (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (1) & (2); 14 CFR 91.417 (a) & 

(b) 

Dear Sir or Madam, 

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, William 

Coyner, operating under DBA, "Aero X", operator of Unmanned Aircraft Systems (UAS), hereby applies 

for an exemption from the listed Federal Aviation Regulations (FAR) to allow commercial operation of 

designated UAS, provided such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by section 333. 

Thank you in advance for your consideration 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would provide professional services in the following areas: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and newsgathering. 
3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

6. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future UAS operations within the NAS 

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

as set forth in this document under controlled conditions in the NAS that would be a) limited b) 

controlled c) predetermined and d) safe. Approval of this exemption would increase public 

awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation's 

(the FAA's Administrator's) responsibilities to " ... establish requirements for the safe operation of 

such aircraft systems in the national airspace system." 

The name and address of the applicant is: 

William A Coyner 

ph: 518-368-6610 

Email: coynerw385@gmail.com 

Address: 7 Birkdale Court 

Slingerlands, NY 12159 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 
14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

William A Coyner will operate one or more of the following model UAS: 

3DRSolo 

Aircraft 

Cameras: Compatible with Go Pro® HER03, 3+ and 4; optimized for HER03+ and 4 
.. . 

Streaming video quality: 720p 

Flight time: 25 minutes; 20 minutes with payload* 

Range: .5 miles** (.8 km) 

Max speed: 55 mph (89 km/h) 

Max ascent speed: 10 m/s in stabilize mode; 5 m/s in "fly" mode 

Max descent speed: ditto 

Max payload: 420 g 

Max altitude: 400ft per FAA regulation, user adjustable (122 m) 

Motors: 880 kV 

Propellers: 10" diameter 4.5" pitch self-tightening (24 em diameter 144 em pitch); glass-reinforced 

nylon 

Autopilot: Pixhawk 2 

Software: APM:Copter 

Communication: 3DR link secure WiFi network 

Frequency: 2.4 GHz 

Weight: 3.3 lbs. (1.5 kg) I 3.9 lbs. (1.8 kg) with GoPro• and Solo Gimbal 

Dimensions: 10 in. tall (25 em), 18 in. (46 em) motor-to-motor 

Flight battery: lithium polymer 5200 mAh 14.8 Vdc 

Battery charge time: ~1.5 hours 
Controller battery: 2600 mAh 7.2 Vdc rechargeable lithium ion 

App requirements: iOS 8.0 or later I Android 4.3 or later 

Solo Smart Battery: 

Rechargeable lithium polymer (Li-Po) 

5200mAh 

14.8Vdc 

Weight: lib. (.5 kg) 

Solo Gimbal: 

Three-axis stabilization 

Fully compatible with 3DR Solo and GoPro HER03+ and HER04; camera charging and stabilization 

HDMI video output 

Wireless software upgrade through Solo 

Controllable range: oo to -90° pitch 

Supported SO card Types: 

• MicroSD 

• Max capacity 64 GB. Class 10 or UHS-1 rating required 

Supported Video Format: 

• MP4 
-· ~ 

Given the small size of the UAS in scope and the controlled environment provided, the proposed 

operations will adhere to the Reform Act's safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed operations 

and the public benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the 

applicant graciously requests that the FAA grant the requested exemption. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere to when conducting commercial operations 

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

1. The UAS will weigh significantly less than 55 lbs. it weighs less than 41bs. with battery and 

camera. 

2. The UAS, depending on the model in operation, will have a maximum operating speed no more 

than 50 mph. 

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer 

(VO). 

4. Maximum flight time for each operational flight will be depending on the UAS model in 

operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power 

reserve or 30 minutes of flight time whichever occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned. 
6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer 

(VO) and may include a third, but separate, Camera Operator (CO) 

7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimum 

of 20 hours on the designated UAS. 

8. A safety briefing will be performed prior to each flight consisting of the production activities. 

9. All flights will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

11. The flights will occur in class G airspace no closer than a 5 mile radius of the geographic 

center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 

13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 

hours but no less than 48 hours from planned operation. 

14. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and that the radius may be reduced to 30 feet based upon an equivalent level of 

safety determination, as U.S Department of Transportation required under the FOM. With the 

advanced permission of the FSDO, operations at closer range may be approved. 

15. The PIC and VO will have been trained in operation of UAS and receive up-to-date information 

for the particular UAS to be operated. 

16. The PIC and VO will be able to communicate by voice and/or radio at all times. 

17. Written and/or verbal permission and permits will be obtained from territorial, state, county, or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as 

appropriate to flight operations. 
18. If the UAS loses communication with the remote controller or loses GPS signal, the UAS will have 

capability to return to a predetermined location within a designated location and land 

autonomously. 

19. The UAS will have the capability to abort a flight in case of emergencies with an automated 

"Return Home and Land" function 

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies such as low battery. 

14 C.F.R Part 21, Subpart H: Airworthiness Certificates 14 CFR §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 ofthe 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 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 55 lbs. fully 

loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. These safety enhancements 

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 must 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 14 C.F.R § 

45.23 (b). Marking of the Aircraft The Regulation requires: When marks include only the Roman capital 

"N" and the registration number is displayed on limited, restricted, or light sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must 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 UAS, 2 inch lettering will be impossible. The word "Experimental" 

will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 

20, 2015 The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

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

identification ofthe UAS as "Experimental." 14 C.F.R §61.113 (a) and (b): Private Pilot Privileges and 

limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot 

certificate may act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. The proposed UAS operations may achieve an equivalent level of safety as 
achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor 

property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct 

supervision of a FAA, certificated Private Pilot with current Third Class or higher medical certificate. It is 

believed that the operation and limitations set forth in the FOM will equate to the safe operation of the 

UAS. 

14 C.F.R §91.7 (a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a 

civil aircraft unless is it 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 for maintenance and use of safety checklists prior 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 therof. 

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. 

14 C.F.R §91.103: Preflight Action. This regulation requires each pilot in command to take certain actions 

before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM 
in section 4 under Normal Procedures including but not limited to 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. The 

equivalent level of safety is 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 helicopter compiles with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS this is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As set forth herein, 

the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the 

UAS is used to survey or photograph a structure whose heigh exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to operations 

without their pre obtained consent. The equivalent level of safety will be achieved given the size, 

weight, and 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 filming activity, all affected individuals will be aware of the 
planned flight operations. Compared to flight operations with aircraft of rotorcraft weighing far more 

than the maximum 55 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 addition, the low altitude operations of the UAS will ensure separation between 

these UAS operations and the operations of conventional aircraft that must 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 ofthe departure 

airport or an appropriate altimeter setting available before departure." As the UAS may not have 

barometric altimeter, but instead a GPS altitude read out, an U.S exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live 

flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight. 

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 applicant believes that an exemption from 14 CFR 

§91.151 (1) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area 

where only people and property owners or official representative who have signed waivers will be 

allowed does not engender the type of risks that section 91.151 (a} was intended to alleviate given the 

size and speed of the small UAS. The applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 30 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. 
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 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 well under the proposed 551b limit and is 

operated without an onboard 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. 

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 of 

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 to the applicant. Maintenance 

will be accomplished by the operator pursuant to the flight manual and operating handbook. An 

equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small 

payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the 

UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator 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. An equivalent level of safety will be achieved because maintenance and inspections will be 
performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the 

operator will ensure that the UAS is in working order prior to initiating flight and perform required 

maintenance needed. 

Additional Information. 

The applicant, William A Coyner, believes this exemption request and associated safety considerations 

adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient 

justification for the granting of commercial operations of the applicant's UAS. 

The applicant, William A Coyner requests your respective approval of this Section 333 exemption 

petition request. 

Thank you for your attention in this matter. Please notify William A Coyner of your actions, and or 

approvals. Thank you for your interest in this request. 

Sincerely, 

William A Coyner 

7 Birkdale Court 

Slingerlands, NY 12159