Shane Williams,CEO
5007 Silver Nell Dr Colorado Springs, CO 809 08

303

- 578

- 9868

December 29 , 2015



### Shane Pierce Williams Zaxyn Media, LLC

5007 Silver Nell Dr Colorado Springs, CO 809 08
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 c ontent 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 UA S : 3DR SOLO
, 3DR X8 + , 3DR X8

- M
, 3DR iris + , DJI Inspire
1
, DJI Phantom 3
, DJI Phantom 2
, DJI S100 0 . Zaxyn Media has been providing photography, videography,
and content creation service s to the automotive aftermarket, real estate, and out door industries since 2006,
and intends to use their sUAS for:
1 ) aerial vi deography and still photography; 2) g eographic 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 u sing 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 personne l 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 opera te sUAS with full permission and knowledge of the land owner or landmanager. 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 m ishap.

The se 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 operati ons performed pursuant to this exemption will consist of at least two
crewmembers: a n 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 dyn amics 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 T raining
p rior 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 le ast 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 I nformation:

The name and address of the applicant is:

Zaxyn Media, LLC

Primary POC : Shane Pierce Williams
3 03

- 578

- 9868 shane.williams@zaxyn.com
5007 Silver Nell Dr. Colorado Springs, CO 809 08Exemptions 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. FAA20140 382), 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 t he 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 u nder Section 332 of the Reform Act. In making this determination, the Secretary is required to d etermine 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 oper ate 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 2 00 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 i f 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 assoc iated 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 o f 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 s UAS

. Z axyn 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 Operation s Manual. Therefore Zaxyn
sUAS operations will be at least as sa fe 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, passenger s , 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
air worthiness 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

- s port," "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 requir ed by §45.29 (f)
where the operator , observer and others working with the sUAS will see the identification of the s 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. § 91.113; 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 2 00 feet AGL and within a virtual fence. Zaxyn will noti fy 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 s UAS 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 carr y the pilot and passengers, the s UAS is remotely controlled with no liv es on board. A ll missions are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requ irements 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 s UAS are so diminished from the level of risk associated with comme rcial operations contemplated by Part 61 when drafted, that allowing operations of the s UAS 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 gran ted, 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 equivale nt 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 e nsure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided f or 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 th at 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. s UAS s and remotely piloted aircraft, by their design do not have fully functional d ual 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 s UAS w ill not operate at higher than 2 00
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 Sett ings 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 sett ing available before departure. As the sUAS do es 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 sit e 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 thetype 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. 26 89F, 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 consi stent
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 i n 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 kee p 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 sU AS 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 B ulletins. 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 ver ified to address any conditions potentially affecting safe operation of the sUAS and noflights 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 fligh t test will be conducted following the replacement of any flight

- critical components and as part of the weekly checkflight

.