US Department ofTransportation Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11ofthe Federal Aviation Administration September 29,2015 William Coyner Aero X 7 Birkdale Court Slingerlands, NY 12159
US Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590
Re: Exemption Request Pursuant to section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Administration. Regulations from: 14 CFR 21 subpart H; 14CFR 45.23(b); 14CFR 61.113(a) 

### & (b); 14CFR 91.7(a); 14CFR 91.9(b) (2); 14CFR 91.103; 14CFR 91.109; 14CFR 91.119(c); 14CFR 91.121; 14CFR 91.151(a); 14CFR 91.203(a) 

### &(b); 14CFR 91.405 (a); 14CFR 91.407 (a) (1); 14CFR 91.409 (a) (1) 

### &(2); 14CFR 91.417 (a) 

### & (b)

Dear Sir or Madam, Pursuantto section 333 ofthe FAA Modernization and Reform Act of2012 and 14CFR Part 11, William Coyner, operating under DBA, "Aero

### X", operatorof Unmanned Aircraft Systems (UAS), hereby applies for an exemptionfrom the listed Federal Aviation Regulations (FAR) to allowcommercial operation of designated UAS, provided such operations are conducted within and underthe conditions outlined herein oras may be established bythe FAA as required bysection 333. Thank you in advance foryourconsideration Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas: 1. Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photographyfor public and/or private use includingtelevision, public events, cinematography and newsgathering.3. Aerial inspection/photography of residential/commercial structures under contractwith 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 ofan emergency or natural disaster onlywhen the local authoritiesor 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 safetyfor current and future UAS operationswithin the NAS As described fully below, the requested exemption would permitthe operation ofdesignated 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 ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA's Administrator's) responsibilities to "
...establish requirements forthe safe operation of such aircraftsystems in the national airspace system." The name and address ofthe 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 H14CFR 45.23 (b) 14 CFR 61.113 (a) 

### &(b) 14CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14CFR 91.109 14CFR 91.119 (c) 14CFR 91.121 14CFR 91.151 (a) 14CFR 91.203 (a) 

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

### & (b) William A Coynerwill operate one or more ofthe following model UAS: 3DRSolo 

# Aircraft

Cameras: Compatible with GoPro® HER03, 3+ and 4; optimized for HER03+ and 4

# .. . Streamingvideo 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" diameter4.5" 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 14.8Vdc Battery charge time:**~1.5** hoursController 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 10or UHS-1 rating required Supported Video Format:

• MP4

## -·**~** Given the small size ofthe UAS in scope and the controlled environment provided, the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requeststhatthe FAA grantthe requested exemption. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level ofsafety because operationswill further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions towhich the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

### 1. The UAS will weigh significantly less than 

### 55 lbs. itweighs 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 ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO). 4. Maximum flight time for each operational flightwill be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at25% battery power reserve or 30 minutes offlight time whichever occurs first. 5. Flights will be operated at an altitude of no morethan 400feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.6. Minimum crewfor each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO) and may include athird, but separate, Camera Operator (CO) 7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged a minimum of20 hours on the designated UAS. 8. A safety briefingwill 

### be performed priorto each flight consisting ofthe production activities. 9. All flights will be logged. 10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only. 11. The flights will occur in class Gairspace no closer than a 5 mile radius ofthe geographic center/ Airport Reference Point (ARP) ofatowercontrolled or uncontrolled airport. 12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport. 13. The operatorwill file FAA Form 77111, or itsequivalent, as modified in light ofthe requested exemption, withthe appropriate local Flight Standards District Office (FSDO) no morethan 72 hours but no less than 48 hoursfrom planned operation. 14. The operatorwill obtainverbal/written consent ofall persons involved withthe planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and thatthe radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S DepartmentofTransportation required underthe FOM. Withthe advanced permission ofthe 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 forthe particular UAS to be operated. 16. The PIC and VO will be able to communicate byvoice and/or radio at all times. 17. Written and/orverbal permission and permitswill be obtained from territorial, state, county, or cityjurisdictions, including law enforcement, fire orotherappropriate governmental agencies as appropriate toflight operations.18. Ifthe 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 aflight in case ofemergencies with an automated "Return Home and Land" function 20. The UAS will have the capability to abort aflight in case ofunpredicted 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 forthe issuance ofairworthiness 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 ofan equivalent level ofsafety under Part 11 and Section 333 ofthe 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 requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will 

### be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe 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 orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety tothe public and property owners than conventional operationsconducted with airworthiness certificates issued under 14C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14C.F.R. § 45.23 (b). Marking ofthe AircraftThe Regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft orexperimental or provisionally certificated aircraft, the operator mustalso display onthat aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words "limited," "restricted," "light sport," "experimental," or "provisional," as applicable 14C.F.R 

### § 45.23 (b). Marking ofthe 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 morethan 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 ofthe UAS, 2 inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 

### (f). US Department ofTransportation February 20, 2015 The equivalent level ofsafety will be provided by having the UAS marked on its fuselage as required by §45.29 

### (f) where the pilot, observer and others workingwith 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 ofan aircraft that is carrying passengers or propertyfor compensation or hire. The proposed UAS operations may achieve an equivalent level ofsafety asachieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendanttothe operation ofUAS is far less than the risk levels inherent in the commercial activities outlined in 14CFR 61. The PIC ofthe UAS will be, or be underthe direct supervision ofa FAA, certificated Private Pilot with current Third Class or higher medical certificate. It is believed thatthe operation and limitations setforth in the FOM will equate tothe safe operation ofthe 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 ofthe aircraft for maintenance and use ofsafety checklists priorto each flight, an equivalent level ofsafety 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 ofthis 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, notonly because there is no pilot on board, but because there is no room orcapacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual atthe ground control point where the pilotflying the UAS will have immediate access to it. 14C.F.R §91.103: PreflightAction. This regulation requires each pilot in command totake certain actions before flight to insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOMin section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. 14C.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 forflight 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 ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight trainingwithoutfully functional dual controls fora numberofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety is provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft. 14C.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 bythe FAA. As this exemption is for a UAS this is a helicopter and the exemption requests authorityto 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 operateat higherthan 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose heigh exceeds 400feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice tothe property owner and participants in the filming activity, all affected individuals will be aware oftheplanned flight operations. Compared toflight operationswith aircraftofrotorcraftweighing far more than the maximum 55 lbs. proposed herein and the lack offlammable 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 lowaltitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must comply with section 91.119. 14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "
...tothe elevation ofthe departure airport or an appropriate altimetersetting available before departure." 

### As the UAS may not have barometricaltimeter, but instead a GPS altitude read out, an U.S exemption may 

### be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuanttothe safety check list and live flight data monitoring, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C.F.R § 91.151(a): Fuel Requirements for Flight inVFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel tofly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The applicant believes that an exemption from 14CFR §91.151 (1) falls within the scope ofpriorexemptions. Operating the UAS in atightlycontrolled area where only people and property owners orofficial representative who have signed waivers will be allowed does notengenderthe type of risks that section 91.151 (a} was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can 

### be achieved by limitingflights to 30 minutesor25% ofbattery 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 itthe following: (1) An appropriate and current airworthiness certificate
... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS. 14C.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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in Part 43 ofthis chapter
...," and others shall inspect of maintain the aircraft in compliance with part 43. Given thatthese 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 ofsafetywill 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 oftime. If mechanical issues arise the UAS can land immediatelyand will be operating from no higher than 400 feet AGL. The operator will ensure thatthe UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany 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 ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will beperformed in accordance with the UAS Manufacturer's User Manual. 

### As provided inthe FOM, the operatorwill ensure thatthe UAS is in working order priorto initiatingflight 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 ofthe Reform Act of2012, providing sufficient justification forthe granting ofcommercial operations ofthe applicant's UAS. The applicant, William A Coyner requests your respective approval ofthis Section 333 exemption petition request. Thank you for your attention in this matter. Please notifyWilliam A Coyner ofyour actions, and or approvals. Thank you foryour interest in this request. Sincerely,

William A Coyner 7 Birkdale Court Slingerlands, NY 12159