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, I Austin Miller 

request determination by the Secretary of Transportation giving me the right to conduct 

commercial UAS for the purposes of: photography, videography, precision agriculture, 

inspection of infrastructure, mapping and surveying. Following the grant of exemption, I plan to 

launch my business for providing software stitched images of agricultural landscape to only 

willing land owners. As well, I will provide images for businesses and private residents. I will be 

using the Solo which is manufactured by 3D Robotics (3DR). Usage of the UAS will be done 

safely 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 I will maintain a level of safety in accordance to those safety regulations already 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 safety 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 operation is very little comparably 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 ways, 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 by the exhaust of commercial airplanes and 

helicopters will be reduced.

 The noise pollution caused by airplanes and helicopters will be reduced 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 System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Summary

VI. Appendix A - 3DR Solo Operating Document

VII. Common 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 why 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 

safety level for Part 11 and Section 333 of the FMRA. This is given the size, mass, capability, 

proximity to airports and largely 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 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. 

My UAS is equipped with lights on all four arms coming from the body. Also, the registration 

number with be displayed clearly; 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 any combination thereof. 

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 safety 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 any congested area of a city, town, or 

settlement, or over any open air assembly 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 sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If 

the operation is conducted without hazard to persons or property 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.

Operations will be kept below 200 ft. Given that the Solo has solely a 25 minute charge, it is 

crucial that the UAS stay within eye sight range and be kept at a reasonable altitude. The UAS 

also contains a safety feature that does not allow altitude greater than 200 ft.. The Solo gives a 

visual distance and altitude, as well, a return to home feature that brings the UAS directly back to 

the user given GPS coordination. Thus, given the safety features set in place, the UAS meets 

safety 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 approved 

for return to service by 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 by this 

paragraph unless it is performed by 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 operator 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 exemption 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 systems and functionality will be done. During each flight, any hint 

of system 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 events. Each check will comply with that of the safety 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 exemption. I am a senior pursuing a degree in 

Mathematics and Statistics at Southern Illinois University Edwardsville. I have three months of 

experience flying UAS for recreation. Even though this is not an extended period of time, I have 

committed my own money and time into learning to fly my 3DR Solo UAS. I understand 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 and am able to see risk factors and avoid them. I acknowledge 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 

system 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 system. The solo is a 

quad-type UAS with four propellers placed in an X formation. The battery type is a 5200 mAh 

Lithium-polymer 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 

displayed 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 position. 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 slowly control the 3DR Solo to the ground in order to check the system. The system 

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 

within the safety confinements of Section 91.121 and Section 91.151(b) given the safeguards set 

in place by 3DR and myself.

Given the above information concerning safety hazards including size, weight, speed, operations 

and utilization, an exemption from 14 CFR part 21, subpart H (Airworthiness Certificates) is 

requested. I am seeking exemption from 45.23 such that the registration number will be in 

clearly visible lettering.

Given that safety inspections will be done regularly before and after flights in accordance with 

the exemption, I seek 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 stay 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 safety 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 photography and videography. Granting my

exemption would benefit the public greatly in terms of education, crop production, as well as 

saving money. 

V. Summary

Pursuant to Section 333 of PL 112-95, Austin A. Miller, apply for authority to conduct 

commercial use of UAS in the activities of aerial photography, videography, precision 

agriculture, inspection of infrastructure, mapping and surveying.

Exemptions:

 14 C.F.R. Part 21 Subpart H - Airworthiness 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 my commitment to this 

exemption. As well, I have shown my range of knowledge on the subject and how this exemption 

will be in the public interest.