Shane Williams,CEO

5007 Silver Nell Dr

Colorado Springs, CO 80908

303-578-9868

December 29, 2015

Shane Pierce Williams

Zaxyn Media, LLC

5007 Silver Nell Dr

Colorado Springs, CO 80908

303-578-9868 | shane.williams@zaxyn.com

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

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, Zaxyn Media, LLC, a media production and content creation company for the automotive 

aftermarket and outdoor industries, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its Small Unmanned Aerial Systems (sUASs) 

discussed below and listed in Appendix A to allow it to operate the following sUAS: Zaxyn Media, LLC will

operate one or more of the Following model UAS: 3DR SOLO, 3DR X8+, 3DR X8-M, 3DR iris +, DJI Inspire 

1, DJI Phantom 3, DJI Phantom 2, DJI S1000. Zaxyn Media has been providing photography, videography, 

and content creation services to the automotive aftermarket, real estate, and outdoor industries since 2006, 

and intends to use their sUAS for: 

1) aerial videography and still photography;

2) geographic surveying and mapping;

3) real estate photography and videography on large parcels > .75 acre and/or undeveloped areas;

4) Search and Rescue non-commercial operations.

The safety and public benefits of using sUAS for aerial videography and photography are significant. The 

sUAS reduce the need to operate manned aircraft in unconventional operations, result in much less risk of 

toxic or dangerous fluid spills in sensitive backcountry areas, enhance personnel safety by using a more 

efficient crew compliment, and make high quality content products available to a larger number of clients. 

Zaxyn Media LLC will only operate sUAS with full permission and knowledge of the land owner or land 
manager. All Zaxyn Media sUAS operators will undergo extensive training as outlined in the Zaxyn sUAS 

Training Program and will be certified to perform sUAS missions by qualified personnel. All missions will be 

performed IAW the Zaxyn sUAS Flight Operations Manual (Manual) and appropriate local, state, and 

federal regulations. Zaxyn sUAS operations will be covered by an appropriate liability insurance policy to 

cover expenses in the unlikely event of a mishap.

These sUAS have extensive automated control features, redundant systems, and integrated fail-safes, as 

well as virtual fences that will be configured specifically for each mission. Though the sUAS may safely be 

operated by one person, flight operations performed pursuant to this exemption will consist of at least two 

crewmembers: an Operator/pilot-in-command (the “PIC”) and visual observer (VO). The PIC is responsible 

for the direct and safe operation of the sUAS, monitoring its status and flight dynamics while maintaining 

visual line of sight (VLOS) and keeping the flight within the manufacturer’s specified limits in terms of wind, 

flight range, battery life, etc. The VO will be responsible for monitoring the airspace for other aircraft and 

hazards, advising the PIC before and during flight of all such observed risks, and monitoring the controlled 

operating area. Individuals acting as the PIC will complete manufacturer-approved Zaxyn sUAS Training

prior to beginning flight planning, and will maintain currency requirements as specified in the Manual.

Because the sUAS will be used in lieu of comparatively higher risk operations now conducted with fixed 

wing and rotary manned aircraft, the FAA can have confidence that Zaxyn’s operations will achieve at least 

an equivalent level of safety and fulfill the Secretary of Transportation’s responsibilities under Section 

333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the 

national airspace system.”

Applicant Information:

The name and address of the applicant is:

Zaxyn Media, LLC

Primary POC:

Shane Pierce Williams

303-578-9868 shane.williams@zaxyn.com

5007 Silver Nell Dr.

Colorado Springs, CO 80908
Exemptions Requested

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

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 91.9 (b) (2) & 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)

Grants of exemption in circumstances similar in all material respects, In Grants of Exemption Nos. 11062 to 

Astraeus Aerial (see Docket No. FAA20140352), 11109 to Clayco, Inc. (see Docket No. FAA20140507), 

11112 to VDOS Global, LLC (see Docket No. FAA20140382), 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA20140642), and 12645 to Allied Drones (see Docket No. FAA-2014-0804) Exemption Nos. 11062, 

11109, 11112, 11213, and 12645; Nos. 11062, 11109, 11112, 11213, 11914 and 12645.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Grant of this exemption application for use of the sUAS in aerial videography and photography will advance 

the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UAS into the 

national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of 

Transportation to consider whether certain UAS may operate safely in the NAS before completion of the 

rulemaking 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. Further, Zaxyn Media sUAS will operate under the limitations proposed in the 

Overview of Small UAS Proposed Rulemaking, dated Feburary 15 2015:

 Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the operator or 

visual observer.

 At all times the small unmanned aircraft must remain close enough to the operator for the 

operator to be capable of seeing the aircraft with vision unaided by any device other than 

corrective lenses.

 Small unmanned aircraft may not operate over any persons not directly involved in the operation.

 Daylight-only operations (official sunrise to official sunset, local time).

 Must yield right-of-way to other aircraft, manned or unmanned.

 Maximum airspeed of 100 mph (87 knots).

 Maximum altitude of 200 feet above ground level.

 Minimum weather visibility of 3 miles from control station.

 No operations are allowed in Class A (18,000 feet & above) airspace.

 Operations in Class B, C, D and E airspace are allowed with the required ATC permission.

 Operations in Class G airspace are allowed without ATC permission

 No person may act as an operator or VO for more than one unmanned aircraft operation at one 

time.

 No careless or reckless operations.

 Requires preflight inspection by the operator.
 A person may not operate a small unmanned aircraft if he or she knows or has reason to know of 

any physical or mental condition that would interfere with the safe operation of a small UAS.

 Proposes a microUAS option that would allow operations in Class G airspace, over people not 

involved in the operation, provided the operator certifies he or she has the requisite aeronautical 

knowledge to perform the operation.
APPENDIX A: Exemption Requests And Safety Equivalence 

Descriptions Under Applicable Rules Subject To Exemption

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

Subpart H, entitled Airworthiness Certificates, establishes 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 Zaxyn, 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 consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS.

Zaxyn sUAS will only be operated in designated areas and will have a range of less than 20 nautical miles 

combined with the other conditions set forth in the Zaxyn sUAS Flight Operations Manual. Therefore Zaxyn 

sUAS operations will be at least as safe as, or safer than, a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate.

The sUAS to be operated hereunder is less than 25 lbs. fully loaded, does not carry a pilot, passengers,

explosive materials or flammable liquid fuels. Unlike other civil aircraft, operations under this exemption will 

be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under 

the requirements and in compliance with local public safety requirements. The FAA will have advance 

notice of all operations via NOTAMs issued by Zaxyn Media. 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. 

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

The regulation requires various markings on the aircraft, including the registration number, and the words: 

"limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

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

have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. 

Given the size of the sUAS, two-inch lettering will not be possible. The word “Experimental” will be placed 

on the fuselage in compliance with §45.29 (f).

An equivalent level of safety will be provided by marking the sUAS on its fuselage as required by §45.29 (f) 

where the operator, observer and others working with the sUAS will see the identification of the sUAS as 

“Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167A.
14 C.F.R. § 91.113; Right-of-Way Rules

Section 91.113 requires that vigilance be maintained by each person operating an aircraft to see and avoid 

other aircraft. Unlike manned aircraft, the sUAS pilot is not on-board the aircraft to observe and avoid other

aircraft, operating the sUAS from the ground.

Zaxyn Media’s proposed operating conditions will achieve an equivalent or greater level of safety. All 

operations will involve two individuals—one operator as the PIC and one visual observer who will monitor 

the immediate and surrounding airspace of the sUAS operation for potential obstruction hazards and other 

possible intrusions. The sUAS will also be limited to designated areas below 200 feet AGL and within a 

virtual fence. Zaxyn will notify the FAA and other pilots of the sUAS operations by NOTAM.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry 

a pilot or passengers, Zaxyn operations achieve a greater level of safety than traditional operations by 

ensuring the PIC is fully qualified and has obtained ample experience to safely operate the sUAS. Unlike 

conventional aircraft that carry the pilot and passengers, the sUAS is remotely controlled with no lives on 

board. All missions are planned and coordinated in advance as set forth in the Manual. The level of safety 

provided by the requirements included in the Manual exceeds that provided by a single individual holding a 

pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are 

so diminished from the level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a qualified operator as the PIC exceeds the 

present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

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 Manual for maintenance and use of safety check lists prior to each flight, as 

set forth in the Manual an equivalent level of safety will be achieved.

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to ensure the safety of 

flight. As FAA approved rotorcraft 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 Manual through the use of 

manufacturer approved preflight checklists. The PIC will ensure each mission is properly planned IAW 

Zaxyn sUAS Preflight Checklists including: reviewing flight area, weather, flight battery requirements, 

landing and takeoff areas and aircraft performance data before the beginning of each mission. 

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. sUASs 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 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft 

flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. As set forth herein, the sUAS will not operate at higher than 200 

feet AGL. An equivalent level of safety will be achieved given the size, weight, speed, and material with

which the sUAS is built. Compared to operations conducted with aircraft or rotorcraft weighing far more than 

the sUAS, and carrying flammable fuel, any risk associated with these operations will be significantly less 

than those currently allowed with conventional aircraft operating at or below 500 feet AGL.

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 sUAS does not have a barometric altimeter but does include a GPS altitude 

indicator, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the Manual and Safety Checklist, 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

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 sUAS is powered by a removable, rechargeable, lithium-polymer battery that provides approximately 

15 minutes of powered flight. Without an exemption from § 14 CFR 91.151, the sUAS flights by Zaxyn

would not be permissible. 

An exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Grant of 

Exemption to Lockheed Martin Corporation, Docket No. FAA-2014-10673 (allowing operations without 

compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not engender the 
type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the sUAS

operate. 

For the sUAS, an equivalent level of safety can be achieved by maintaining 5 minutes of reserve fuel, which 

would be more than adequate to return the aircraft to its planned landing zone from anywhere in its 

operating area, particularly since it must be flown within direct VLOS of the PIC. Similar exemptions have 

been granted to other operators and systems. See Docket Nos. 2689F, 5745, and 10673.

14 C.F.R. §§ 91.9(b)(2); 91.203(a)-(b); Carriage of Civil Aircraft Airworthiness Certificate and 

Registration

Sections 91.9(b) and 91.203(a)-(b) require an aircraft operator to carry airworthiness documents and other 

aircraft manuals onboard the aircraft at all times. Because the sUAS are small in size and contain no cabin 

or flight deck, carriage of such documents and manuals is impossible. The intent of these regulations is to 

ensure that the PIC has access to important documents during flight. An equivalent level of safety is 

achieved if the PIC has access to the applicable sUAS manual(s), registration certificate and other required 

documents from the Ground Control Station from which he or she is operating the sUAS. This is consistent 

with a prior opinion of the FAA Office of the Chief Counsel, and other grants of exemptions for commercial 

SUAS operations. See Memorandum from Mark Bury, FAA Assistant Chief

Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service 

(Aug. 8, 2014); see also FAA Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352, 

Exemption No. 11062, pp. 16-18.

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

Section 91.405(a) requires 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....” Section 91.407 

similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for 

the issuance of an airworthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that 

has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval 

of the aircraft for return to service.

An equivalent level of safety will be achieved because the sUAS are small in size and are not complex 

mechanical devices. Zaxyn will perform all maintenance and inspections in accordance with the 

manufacturers’ manuals and any required manufacturer Safety or Service Bulletins. In addition, the PIC will 

conduct a preflight inspection of the sUAS and all associated equipment to account for all discrepancies 

and/or inoperable components, pursuant to the Zaxyn Flight Operations Manual. Maintenance will be 

performed and verified to address any conditions potentially affecting safe operation of the sUAS and no
flights will occur unless and until all flight critical components of the sUAS have been found to be airworthy 

and in a condition for safe operation. A functional flight test will be conducted following the replacement of 

any flight-critical components and as part of the weekly checkflight.