Benjamin B. Armstrong

9miles Media, LLC.

7500 Fairlawn Dr. #201

Raleigh, NC 27615

(919) 816-5843

ben@9milesmedia.com

Date: October 28, 2015

U. S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12140

1200 New Jersey Ave. SE

Washington, DC 20590

RE: Petition of 9miles Media, LLC. for Exemption Pursuant to Section 333 of the FAA Reform 

Act

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Benjamin B. Armstrong and 9miles Media, LLC. (“Petitioner”), operator of 

Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and

videography, hereby applies for an exemption from the listed Federal Aviation Regulations

(“FARs”) to allow commercial operation of its sUASs, so long as such operations are

conducted within and under the conditions outlined herein or as may be established by the

FAA as required by Section 333.1.

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1)

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow

Benjamin B. Armstrong to conduct commercial operations of small Unmanned Aircraft Systems 

(“UAS”) or Unmanned Air Vehicles (“UAV’s”) while meeting or exceeding all of the operational 

and safety requirements Congress has set forth in Section 333. Petitioner holds an FAA 

airman’s certificate (Private Pilot, Single Engine Land), 3rd class medical, and a North Carolina 

state driver’s license, (See Appendix A) and has extensive experience building and operating 

custom multi rotor sUAS as well as various commercially-produced models. 

Unmanned Aircraft Systems are oftentimes seen as superior to manned airplanes and

helicopters due to the small size of the aircraft, cheaper equipment and personnel cost, and

reduced noise and minimal environmental impact, all of which promotes public safety.

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel. It operates at lower altitudes with no people on board, thereby

reducing risk and enhancing safety when compared to a manned aircraft. The likelihood of an

accident resulting in death, serious bodily injury, or significant property damage is greatly

reduced. With a small payload and maximum flight time of only 30 minutes, there is little or no

risk to national security.

Low level oblique photos and video from several angles are far more effective than ground
based imagery for displaying the characteristics of large, complex properties with several

buildings and large trees. As a Private Pilot, the Petitioner is familiar with the cost and

capabilities of lightweight, manned General Aviation aircraft. A UAS safely operates in a

much smaller space and at a fraction of the cost of a manned aircraft. The benefits of reduced

cost and improved quality of presentation from the UAS will be a valuable benefit to many 

potential clients for a variety of uses.

Petitioner plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of

services, including but not limited to:

 Aerial photography

 Event Photography/Videography

 Agricultural imaging

 Real Estate Photography

 Aerial mapping/surveying

 Construction site inspections and monitoring

 Search and Rescue

 News gathering

 UAS design/construction/testing

 Flight training

Benjamin B. Armstrong wholly owns 9miles Media, LLC. a video production and marketing 

company in Raleigh, NC. The company provides various production services to a range of 

clients. All UAS and related equipment is owned and operated by the company.

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in

the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion of the

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear

that Section 333 provides a mechanism for “expedited operation authorization” if several

factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS

operations. The Petitioner requests relief from the following, as well as any other regulations

the FAA deems appropriate:

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 91.417)
In addition, the FAA has levied several restrictions in granting previous 333 exemptions.

Although there is no FAR to be exempted from which would allow the following, the Petitioner

seeks explicit written permission for the following:

Aircraft Types

To begin commercial operations, the Petitioner will make use of a Yuneec Q500 Typhoon, a DJI 

Phantom 3 Professional, and a DJI Inspire One. All of these aircraft types have been approved 

for use with several existing Section 333 exemptions. These aircraft will be operated and 

maintained according to the manufacturer’s instructions.

In addition, the Petitioner will use this exemption to develop new aircraft which will be used

commercially by himself or other pilots. All aircraft used will have a maximum gross takeoff

weight of less than 55 pounds. All aircraft will employ both visible and audible warnings to

notify the pilot when the main battery voltage has dropped to a predetermined level. All

aircraft will be registered with the FAA as a Small Unmanned Aircraft System (Special or

Experimental Airworthiness Certificate) before being sold or used for commercial flights.

Thus, an amendment to this exemption request for each new aircraft type developed is

unnecessary.

All aircraft developed and used commercially will rely on airborne flight controllers with

autopilot and Global Positioning System capabilities, such as the DJI Naza or 3D Robotics

Pixhawk. These controllers have the ability to automatically limit the height and distance they

can be flown from the launch point. In the event of a radio communication loss between the

pilot’s control transmitter and the UAV, the controller will automatically trigger a “failsafe”

mode in which the aircraft will return to the launch point and land safely without any further

pilot input. In the unlikely event of a loss of GPS signal at the same time, the controller will

hold the UAV level and slowly descend to a safe landing at its present location.

Any aircraft purchased, developed, or modified under this exemption request will accumulate

a minimum of 10 hours flight time before being employed for commercial missions. Each

flight will be logged, along with a record of changes, results, and performance. In addition, a

complete Pilot’s Operating Handbook will be developed for each custom aircraft model 

developed, giving any pilot the information needed to operate and maintain the aircraft safely.

Every aircraft, whether purchased or developed by the Petitioner, will be inspected before

each flight in accordance with the manufacturer’s guidelines. A written checklist will be used.

Ground Station and Video

The Petitioner makes use of a “First Person View” (FPV) system that consists of a camera

and video transmitter on board the aircraft, and a small portable display screen. This provides a 

realtime view from the aircraft, allowing for composition of photos and video. In addition, text 

and graphic data is overlaid on the screen image providing the pilot with altitude, distance, 

heading, airspeed, and battery voltage information. Since a free-standing display screen is used 

instead of goggles that may limit the pilot’s surrounding view, line of sight with the UAV is 

maintained by both the pilot and observer. The video transmitter on board the aircraft transmits 

in accordance with FCC requirements for license-free use in the United States.

The camera and video transmitter are powered by their own small battery, completely

separate from the UAV power system. Should this video downlink fail during flight, the pilot
will immediately return the UAV to the launch point and land via line of sight piloting.

Pilot in Command and Observer Qualifications and Duties

The Pilot In Command (PIC) will maintain at least a Sport Pilot Certificate and a current

driver’s license or 3rd Class Medical certificate. The PIC must have logged at least 2 hours

flying time and 3 takeoffs and landings within the preceding 90 days with the type of UAS being

utilized. The PIC will have at least 30 hours total time and at least 15 hours flying Radio

Controlled Model Aircraft of which at least 10 hours must be flying UAV's. Training will be

conducted within a controlled environment.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties

include all preflight preparation, crew or observer briefings, in flight operation, post flight

requirements, and all procedures including but not limited to:

" Preflight inspections of aircraft and ground equipment

" Site selection and planning

" Safe inflight operations

" Risk mitigation to persons and property

The Observer must have the visual acuity to observe the UAV and be able to communicate

clearly with the PIC at all times during a flight. The Observers duties are:

" Warning the PIC of any impending obstacles in the flight path of the sUAS.

" Warning the PIC of any other air traffic entering the vicinity.

" Warning the PIC of any deviations in the planned flight path of the sUAS.

" Warning the PIC should any unauthorized personnel appear in the area of the planned

flight.

" The Observer will have the authority to order the PIC to terminate the flight should he

feel the flight cannot be conducted safely.

General Operating Standards

" The Petitioner will only operate a sUAS within line of sight of the pilot and observer. Such

operations will insure that the sUAS will not create a hazard to users of the national airspace 

system or the public.

" Weather minimums will be 3 miles visibility and a 1000 foot ceiling, with winds below 15 knots.

" Prior to takeoff, a complete preflight inspection of the aircraft will be completed using a 

checklist specific to that UAS.

" Flights will be terminated at 25% battery power reserve.

" The UAS will not be operated at an altitude of more than 400 feet AGL.

" Minimum crew for each operation will consist of the UAS Pilot and Visual Observer.

" All UAS operated by the Petitioner weigh less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbals). No flight will be made with a gross weight exceeding 55 pounds.

" The UAV will operate at speeds of no more than 60 knots, can hover, and can

simultaneously move vertically and horizontally.

" Given the small size of the UAV and the restricted sterile environment within which they will 

operate, our UAS operations adhere to the Reform Act's safety requirements.

" All operations must utilize a Visual Observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation.

" All required permits will be obtained from state and local government prior to operation;!

" A flight will be immediately terminated when any of the following occurs:

○ Battery voltage reaches 25% of fully charged voltage;!
○ Visible or audible low voltage alarm is seen or heard;!

○ GPS signal is lost;!

○ Live video signal (FPV) is lost;!

○ Any structural or mechanical failure;!

○ Abrupt weather changes, such as sudden rain or gusty winds;!

○ Unexpected persons, vehicles, or aircraft enter the area;!

○ Any other condition in which the pilot or observer feels the flight cannot be

continued safely.

Additionally, Petitioner requests permission to use a UAS to benefit first responders nearby

who might require assistance, including firefighters, police, search and rescue organizations,

news and media outlets, etc. while remaining subject to all limitations and procedures cited in

this application.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Benjamin B. Armstrong requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the aircraft designed in accordance with this

application, under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following

purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show compliance for

issuance of type and supplemental type certificates, flights to substantiate major design

changes, and flights to show compliance with the function and reliability requirements of the

regulations. Since the experimental certificate can be used for commercial purposes such as

market surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well. The aircraft will not

carry persons or property, will not carry fuel, and will only fly under strict operational

requirements. Combined with the UA's light weight, being constructed primarily of carbon

fiber, wood and plastic, we propose that the UA will be at least as safe, if not safer, than a

conventionally certificated aircraft performing the same mission. If an experimental

airworthiness certificate is not appropriate for this application, then we request an exemption

of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general,

citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can
be placed, and may not have a registration number assigned to it by the FAA. We propose to

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard

on the top of the aircraft where the PIC (Pilot In Control), VO (Visual Observer) and others in the 

vicinity of the aircraft while it is preparing for launch will be able to see the designation. 

Additionally, we feel that the permanent placard discussed in the previous paragraph will 

provide the aircraft's registration information at the ground station.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to

act as pilot in command of an aircraft in connection with any business or employment if: (1)

The flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property for compensation or hire. Our proposed operations require that the

PIC must hold at least a Sport Pilot Certificate issued by the FAA and since the aircraft

cannot carry passengers, we feel we meet the intent of 61.113 Subparagraph (b) even though

the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that

flight manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation,

the documentation would not be available to the crew during flight operations. To obtain an

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is

in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical

mission of the sUAS would be photography or survey of persons, vessels, vehicles or

structures it would be necessary to operate closer than 500 feet to the items listed.

Operations will only be flown over property or persons where permission has been obtained

and careful preplanned flight path has been performed. The aircraft will be operated at a low

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons

or property on the surface. Therefore we maintain that due to the small size of the UAS, the

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which

should be considered in granting the exemption.
CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400

feet AGL and within lineofsight of the PIC, and will not need to maintain cruising altitudes in

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement

above the takeoff point is transmitted via radio from the sUAS onboard computer to the

display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The sUAV is battery operated.

Since the aircraft will never fly more than 1500 feet from the point of intended landing, a full

battery charge at launch will ensure that we meet the reserve energy requirement of this

paragraph. Furthermore, the battery voltage is transmitted by the UAS and displayed to the

PIC on the ground station. A warning is displayed on the ground station when the battery

voltage drops to a predetermined level, giving the PIC ample time to land safely with power in

reserve. There are also visible and audible lowvoltage warnings aboard the aircraft. We

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word

"energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew." The sUAS is too small to carry

documentation, does not have an entrance, and is not capable of carrying passengers or

crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that

documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground

control station and available for inspection upon request. In order to identify the aircraft, we

propose that the information found on airworthiness and registration certificates be

permanently affixed to the aircraft via placard containing the above information plus the word

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401 91.417) Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized

under 43.7" after maintenance and inspection. It is our intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return

to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed inspections after every two hours of flight. Maintenance

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking

electrical connections and updating software and firmware for the onboard computer,

replacing structural components, and replacing electronic or electrical components. All other

maintenance will be performed by the manufacturer or their designated repair facility. The PIC

will document work performed in accordance with 91.417. The Petitioner feels that due to the

size, construction, and simplicity of the aircraft, the PIC can ensure equivalent safety.
Safety and Benefits of the UAS

Benjamin B. Armstrong will be using the UAS in a variety of applications that generally require

expensive fullsize manned aircraft to complete. Small, light, unmanned aerial vehicles offer

myriad benefits over the use of fullsize manned aircraft for electric power line inspection,

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a

few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with

small UAS carrying no passengers or crew creates a much greater margin of safety for the

pilots and crew, as well as for people and property on the ground. By granting Benjamin B. 

Armstrong’s requested exemptions, the FAA will help drive development of safe and successful

commercial UAS operations and will advance the public knowledge base for such operations.

Benjamin B. Armstrong is committed to promoting the UAS research efforts of policymakers 

including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS 

operations and serving as a resource for future UAS research operations. Thus, the FAA has 

good cause to grant this Petition.

Conclusion

As pointed out in this application, all the UAS’s which the applicant would use, under

authorization by the US DOTFAA, are small, lightweight devices operated within the line of

sight of the Pilot in Command (PIC), less than 400 feet above the ground and outside 5 miles

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,

unless the air traffic control authorities (ATC) have been notified and have authorized each

flight within a radius of this distance. All our sUAS’s have proven capability for controlled

flight. The Petitioner is certain that the studies conducted until now by the FAA, about Section 

332, Public Law 11295, 2014, have already provided you with the assurances on the 

airworthiness of UAVs such as these. The Petitioner has extensive experience designing, 

building, and operating radio-controlled aircraft, and has never had an accident resulting in 

injury or property damage to persons or property on the ground. For the foregoing reasons, the 

exemptions requested herein should be granted and Benjamin B. Armstrong should be 

permitted to conduct small UAS operations in accordance with its manuals and all other 

operating parameters deemed necessary and appropriate by the FAA. The submission of this 

application and its contents is the best demonstration that indeed it is possible to pursue the 

authorization process so that some UAVs may be used for safe and legitimate commercial 

activities.

Signed,

___________________

Benjamin B. Armstrong
Appendix A - Pilot qualifications
Appendix B - Preflight checklist