Austin Miller

317 County

Road 725 E Montrose, IL 62445 aumille@siue.edu 217
- 663
- 6051 U.S. Department of Transportation Docket Operations 1200 New Jersey

Ave., SE Washington, DC 20590 December 23, 2015 Submission of Request under Section 333 of the FAA Modernization and Reform Act and Exception under 14 CFR part 21. Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, IAustin Miller request determination by

the S ecretary

of Transportation giving me the right to conduct commercial UAS for the purposes of: photograph y, videograph y, precision agriculture, inspection of infrastructure, mapping and surveying. Following the grant of exemption, Iplan to launch my

busine ss for providing software stitched images of agricultural landscape to onl y willing land owners. As well, Iwill provide images for businesses and private residents. I will be using the Solo which is manufactured b y 3D Robot ics (3DR). Usage of the UAS will be done safel y under the constraints outlined by Section 333. To affect the determination of the exemptions to Section 333(c), I have attached documents that exhibit how Iwill maintain a level of safet y in accordance to those safet y regulations alread y set in place. As well, there are exhibitions of public interest that are involved. In the occurrence that I am granted exemption, the public will gain in the aspects of knowledge on the safet y of UAS, receive a service that is more affordable and safer than using a commercial helicopter or plane and receive less disruption in the air above. I will operate UAS that are under 10 pounds, carry no hazardous fuel, create little to no noise pollution, and are fitted with lights for visibility . As well, cost of o peration is very little comparabl y to that of manned aircrafts. For these reasons, it is in the public interest that an exemption is granted under FMRA Section 333(c). In the following way s, the public interest will be benefitted:

 The number of injuries and causes of personal property destruction will decrease due to the use of unmanned, nonhazardous fueled UAS.  The environmental damage caused b y the exhaust of commercial airplanes and helicopters will be reduced
.  The noise pollution caused by airplanes an d helicopters will be reduce d due to the low noise accompanied with the battery
- ran motors
.  Due to the low cost of operation, the service can be provided at a much more economic price.**Table of Contents**

I. Regulations
- Requested Exemptions II. Commercial Operation III. Unmanned Aircraft Sy stem (UAS) IV
. UAS Pilot
- in
- Command (PI C) V. Summary VI
. Appendix A
- 3DR Solo Operating Document VII. Co mmon Documents I. **Regulations -**  **Exemption Requested** Persuant to 14 C.F.R. and 11.81(e), I, Austin Miller seek exemption from the following regulations and provide proof in wh y the exemption should be approved on the basis of safety equivalent to that of which the rules require.

 **14 C.F.R. Part 21 Subpart H -**  **Airworthiness Certificates** o The procedural requirements for issuance of airworthiness certificates as required by 14 C.F.R and 91.203(a)(1) Since the 3DR Solo is of such small stature, exemption from Part 21 Subpart H meets criterion safet y level for Part 11 and Section 333 of the FMRA. This is given the size, mass, capability, proximity to airports and largel y populated areas of the Solo.

 **14 C.F. R. 45.23(b)**  **- Aircraft Marking and Identification Requirements**  o When marks include only the Roman capital letter "N" and the registration number is display ed on limited, restricted or light
- sport category aircraft or experimental or provisionally certific ated 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 "p rovisional," as applicable. My UAS is equipped with lights on all four arms coming from the body . Also, the registration number with be display ed clearl y; therefore, complying with 45.29(f).

 **14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements**  o (b)(2) prohibits operation of U.S.
- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereo f. I plan to keep all manuals, registration and necessary paperwork in a binder that I will keep on hand at all times of operation. Thus, meeting levels of safet y and precaution. **14 C.F.R. 91.119(c) -**  **Minimum Safe Altitudes** o Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over an y congested area of a city, town, or settlement, or over an y open air assembl y of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to an y person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight
- shift
- control aircraft. If the operation is conducted without hazard to persons or propert y on the surface

— (1) A helicopter may

be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopte r complies with any

routes or altitudes specifically prescribed for helicopters by the FAA. Operation s will be kept below 2 00 ft . Given that the Solo has solely a 25 minute charge, it is crucial that the UAS stay within ey e sight range and be kept at a reasonable altitude. The UAS also contains a safet y feature that does n ot allow altitude greater than 2 00 ft
. . The Solo gives a visual distanc e and altitude, as well, a return to home feature that brings the UAS directl y back to the user given GPS coordination. Thus, given the safet y features set in place, the UAS meets safet y criterion.

 **14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91 .417(a) & (b)** 

**– Maintenance**  **Inspections** o **91.405(a) States:** Each owner or operator of an aircraft

— (a) 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 o 91.407(a)(1) States: (a) No person may operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approve d for return to service b y a person authorized under § 43.7 of this chapter o **91.409(a)(2) States:** (a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the preceding 12 calendar months, it has had

— (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may

be substituted for any

inspection required b y this paragraph unless it is performed b y a person authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance records.o **91.417(a) & (b) States:** (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operat or shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3)

An exemptio n is required because the 3DR Solo does not have an airworthiness certificate at this time. However, the utmost safety will be taken into concern before, during and after the flight. Before the flight, a check of sy stems and functionality will be done. During each flight, any hint of sy stem malfunction will require a recheck of the UAS. Following each flight will require a check of the propellers and other external problems. I plan to keep a log of any malfunctions and causes of such e vents. Each check will comply with that of the safet y required by this exemption. **II. Commercial Operator/Operations** I will be the sole operator of the 3DR Solo. If, in the occurrence that I expand the operation, it will require me to produce subsequent petitions for exemptio n. Iam a senior pursuing a degree in Mathematics and Statistics at Southern Illinois University Edwardsville. I have three months of experience fl yi ng UAS for recreation. Even though this is not an extended period of time, I have committed my

own money

an d time into learning to fly m y 3DR Solo UAS. Iunderstand the capabilities as well as what the UAS is not capable of doing. My skills lie in the ability

to comprehend technology due internship in the field. As well, I have strong situational awareness an d am able to see risk factors and avoid them. Iacknowledge that I am to follow the above exemption requirements with a strict persistence under the penalty of forfeit of exemptions (and) UAS. **IV Unmanned Aircraft System** I seek an exemption to operate the 3DR Solo UAS. The Solo is equipped with an autopilot sy stem as well as ground control station software. The UAS will be flown using a combination between the RC controller and the use of a tablet with global positioning s ys tem. The solo is a quad
- ty pe UAS with four propellers placed in an X formation. The battery ty pe is a 5200 mAh Lithium
- poly

mer cell. This means that a max air time of 25 minutes is enforced. As well, given that the battery

is below 15%, it will not take off. The altitude and distance from the user are display ed clearly

on the controller. Also, the option to return the UAS to the user can be done at the push of a button. The same can be said about the ability of the UAS to not move from its current positio n. In the occurrence that the device loses contact with the user, it will return to the position that the controller was last known and hover until connection is gained. At this point, the user can slowl y control the 3DR Solo to the ground in order to chec k the sy stem. The s ys tem also contains a maximum altitude function such that the UAS will not be able to exceed. This will be set at 400 ft at all times.Since the aircraft will be operated within VLOS, it is my belief that operations will be conducted w ithin the safet y confinements of Section 91.121 and Section 91.151(b) given the safeguards set in place b y 3DR and m ys elf. Given the above information concerning safet y hazards including size, weight, speed, operations and utilization, an exemption from 1 4 CFR part 21, subpart H (Airworthiness Certificates) is requested. I am seeking exemption from 45.23 such that the registration number will be in clearl y visible lettering.

Given that safet y inspections will be done regularly before and after flights in accordance with the exemption, Iseek exemption from 91.405(a), 91.407(a)(1), 91.417(a)(b). As well, I request exemption from 91.7(a) preventing an aircraft that does not have an airworthiness certificate. Also, 91.9(b) that requires an approved flight manual in the aircraft considering the size and load capability of the UAS.
**IV. Public Interest** Growing up in a rural area, I understand the standards of innovation that were necessary in order to grow a farm just like a business. It is necessary to s tay several steps ahead of those people in which one is competing with for business. Thus, granting an exemption in my favor will provide a service to the local farmers such that they can see the well
- being of their investments. As well, this creates a learning environment for the community such that they

can see how UAS are operated and the level of safet y that is required in order to operate such devices. Additionally, I will be providing a service that is more affordable than helicopters/airplanes, so a wider range of the community

can afford the service of aerial photograph y and videography . Granting my exemption would benefit the public greatl y in terms of education, crop production, as well as saving money
. **V. Summary** Pursuant to Section 333 of PL1 12
- 95, Austin A. Miller, apply for authority

to conduct commercial use of UAS in the activities of aerial photograph y, videograph y, precision agriculture, inspection of infrastructure, mapping and surveying. Exemptions:

 **14 C.F.R. Part 21 Subpart H -**  **Airw orthiness Certificates** 

 **14 C.F.R. 45.23(b) -**  **Aircraft Marking and Identification Requirements**

 **14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements** **14 C.F.R. 91.119(c) -**  **Minimum Safe Altitudes**

 **14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b)** 

**– Maintenance**  **Inspections** During this process, I have exemplified my research as well as m y commitment to this exemption. As well, Ihave shown my range of knowledge on the subject and how this exemption will be in the public interest.