United States Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform ~ptof2Ql2 

August 28, 2015 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform 

Act) and C.P.R. Part 11, James R. Miller, Owner and operator of Small Unmanned 

Aircraft Systems (UASs), request to be exempted from the Federal Aviation Regulations 

(FARs) listed below so James R. Miller may operate UASs commercially in airspace 

regulated by the Federal Aviation Administration; as 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. 

The Name and address of the applicant is: 

James R. Miller 

146 Cypress Way East # 5 

Naples, FL. 34110 239-269-2710 Robertoyster1127@gmail.com 

As described below, the requested exemption would permit the operation oflightweight 

(less than 55lbs. total take off gross weight) UASs under controlled conditions for 

commercial use by professional certificated pilots thereby enhancing safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities to" .... establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system." Section 333(c) of the Reform Act. 

James R. Miller respectfully requests the grant of an exemption to the following specific 

sections of the Title 14 Code of federal Regulations allowing it to operate lightweight 

VAS's for commercial use: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 

91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 

91.417(a) &(b) & Closed Set Photography & Video. 

James R. Miller. submits this application in accordance with the Reform Act, 112 P.L. 95 

331-334, seeking relieffrom any currently applicable FAR's operating to prevent future 

commercial use of small UASs to operate in the national airspace system as described 

below. The Reform Act Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public's interest to do so. 

James R. Miller's lightweight UASs meet the definition of"small unmanned aircraft" as 

defmed in section 331 and therefore the integration of James R. Millers lightweight UASs 
are expressly contemplated by the Reform Act. James R. Miller would like to operate its 

lightweight UASs prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (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 ofUASs 

do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's size, weight, speed and operational capability 

• Operation of the UAS in close proximity to airports and populated areas 

• Operation of the UAS within visual line of sight of the operator Reform Act 333 (a) 

If the secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System." 

James R. Miller' s VAS's are rotorcraft weighing less than 55 pounds including payload. 

They operate at a speed of less than 50 knots and have the capability to hover and move 

in the vertical and horizontal plane simultaneously. The UAS will operate only within the 

line of sight of the pilot within a protected flight area as described below. Such operations 

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

system or the public. 

The small nature of the UASs utilized by James R. Miller combined with the safety 

protocols outlined below will allow for a greater than equivalent level of safety in which 

Congress envisioned that the FAA must, by exemption allow commercial operations of 

UASs to commence immediately. Also due to the size of the UASs and the areas and 

altitudes they will operate, approval of the exemption presents no national security issue 

and absolutely minimal safety concerns which have been mitigated through a rigorous 

risk management process. Given the clear direction given in Section 333 of the Reform 

Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, the significant public 

benefit, including enhanced safety, reduced emissions utilizing UASs verse traditional 

aircraft as well as the economic impact of greatly reducing the cost of aerial photography 

thereby benefiting the greater public's interest. Accordingly, the applicant requests that 

the FAA grant the requested exemption without delay. 
The following limitations are considered to be binding for the operation ofUASs for 

commercial purposes by James R. Miller: 

1. Flights will be operated in the line-of-sight by a ground-based pilot 

2. Flights will only occur in the daytime and clear of clouds 

3. The UASs will weigh less than 55lbs at take off and during flight 

4. Flights will be terminated with 25% of battery life remaining 

5. Flights will be operated at an altitude at or below 400' AGL 

6. Pilots, camera operators and observers will be trained as to the applicable portion of 

the UAS's manual as well as the SOPs. 

7. Minimum UAS crew will be one certificated Private/Instrument rated pilot or higher 

rating with a current FAA medical. A camera operator and or observer may be added as 

required to further reduce the possibility of task saturation by the pilot depending on the 

mission requirements. 

8. Pilot, observer and camera operator will maintain real time communication capability 

throughout flight operations. 

9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility 

(AOR). This AOR is the actual area for UAS operations for a particular day. Each survey 

will include the assessment of potential hazards to include but not limited to airspace 

classification, NOTAMS, temporary flight restrictions, closest airport proximity, natural 

and manmade obstacles, and unnecessary persons which may pose a risk to operations or 

safety. If deemed necessary, the crew will employ additional personal as safety observers. 

10. James R. Miller will employ safety observers as well as sign notifications in areas 

close to public activity. 

11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, 

utilizing the briefing guide in the SOPs. All persons who will be in the AOR while UAS 

flights are conducted will be present for this briefmg. 
12. James R. Miller will obtain consent (verbal or written) for any persons who need to 

be within 100 feet ofUAS flight operations. 

13. Written and or verbal permission from the relevant property owners will be obtained 

prior to flight. 

14. All required permissions and permits would be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire or other governmental 

agencies. 

15. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined location within the AOR and land autonomously. 

16. The UAS will have the ability to abort a flight in case ofunpredicted obstacles or 

emergencies. 

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 (a)(l) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and 

defined area of operations for James R. Miller's UAS flights permits exemption from Part 

21 because James R. Miller meets an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the ACT (49 U.S. C. 44701(t)) and Section 333 of the 

Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the 

airworthiness certificate requirement in consideration of weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. James R. 

Miller meets or exceeds each of these elements. 

14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons stated above. The equivalent 

level of safety will be achieved by maintaining such certifications and registrations at 

James R. Miller's flight operations center. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

F ARs, this regulation is inapplicable. 

14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft 

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no 

pilots of passengers, and given the size of the UASs, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining an operators manual at the 

flight operations center. The FAA has previously issued exemptions to this regulation in 
Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

10700 and 32827. 

14 C.F.R. 91.103(b) Preflight actions 

14 C.F .R. 91.103 Each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must 

include: (b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information. This subparagraph is not applicable due to our 

off airfield operations. 

14 C.F .R. 91.109 Flight instructions; Simulated instrument flight and certain flight tests. 

14 C.F .R. 91.109 and all the subparagraphs address the operation of a civil manned 

aircraft in conjunction with training and flight tests. The UAS to be employed by James 

R. Miller are not designated in this category. 

14 C.F.R. 91.121 Altimeter Settings 

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because James R. Miller's 

UASs utilize GPS systems and internal gyroscopes to provide spatial stability and a 

reference datum. 

14 C.F .R. 91.151 Fuel Requirements for Flight in VFR Conditions 

14 C.F.R. 91.151 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. 

The battery powering the UAS provides approximately 15 minutes of powered flight, 

which is less than the reserve requirement alone by FARs for day. Given the limitations 

on the VAS's flight envelope, proposed AOR size, battery life and its ability to land 

immediately it is reasonable to allow an exception. 

An equivalent level of safety can be achieved by limiting flights to 25% of battery power. 

This restriction would be more than adequate to return the UAS to its planned landing 

zone in the AOR. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673 and 10808. 

14 C.F.R. 45.23 Marking of the Aircraft 
Applicable Codes of Federal regulations require aircraft to be marked according to 

certain specifications. James R. Miller' s UASs are unmanned; do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch 

lettering is impractical to place on such small aircraft. James R. Miller will, however, 

place the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (t) so 

that the pilot, camera operator, observer and any other persons operating in the AOR can 

see the markings on the UAS. The FAA has previously issued exemptions to this 

regulation through Exemptions Nos. 8738, 10167, 10167 A, and 10700. 

14 C.F .R. 91.119 Minimum Safe Altitudes 

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. James R. Miller will 

only operate its UASs at or below 400 AGL. James R. Miller will operate its UASs in a 

defined AOR that has been carefully reviewed for hazards and minimizes the presence of 

any persons not essential for operations. Flights will only be conducted over private 

property with consent of the property owner. The equivalent level of safety will be 

achieved given the size, weight and speed of the UAS as well as the location where it is 

operated. Compared to flight operations with traditional aircraft or rotorcraft weighing far 

more than 55lbs, operating below 500 AGL with flammable fuel UAS operations present 

a far smaller risk. 

14 C.F.R. 91.405 (a), 407 (a)(l), 409(a)(2), 417(a&b) Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as prescribed in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter, and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

These regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to James R. Miller's UASs should its requested exemption be granted. 

As an equivalent level of safety James R. Miller requires its pilots to conduct a preflight, 

through flight and post flight inspection of the UAS to ensure its flight worthiness prior 

to launch. Each UAS is flown in compliance with the applicable manufactures manual to 

include all software update cycles as well as flight checklists. In the event of a 

malfunction the UAS can land immediately. 

Privacy 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. 
. . . . 

Summary 

James R. Miller is seeking exemption from the following rules: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 

91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(l), 91.409(a)(2), 

91.417(a)&(b)···and Closed Set Photography and Video. 

Approval of the above exemptions allowing commercial operations of small UASs in the 

service of aerial and closed set photography, inspections of all kinds, real estate 

surveys,etc. will greatly enhance safety by reducing the overall risk associated with 

traditional aircraft. Traditional aerial photography requires large aircraft weighing 

thousands of pounds and carrying hundreds of pound of fuel presenting a significant risk 

to life and property. With James R. Miller's use of small UASs weighing less than 55 

lbs., powered by batteries and operating at or below 400 AGL they virtually eliminate all 

of the risk associated with traditional aerial & closed set photography. The UASs will 

carry no people thereby eliminating the exposure to the risks associated with flying while 

accomplishing the same task in a much safer manner. 

Granting James R. Miller the above exemptions will allow for the expansion ofUAS 

systems into the future, in a professional, safety conscious culture steep in the tradition of 

Aviation. The safety culture established by James R. Miller is based on our 12 years of 

business experience. 

James R. Miller respectfully requests that the FAA grant its exception without delay. The 

FAA has the authority to issue the exemption sought by Jonathan A. Steiner pursuant to 

the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). 

James R. Miller 

146 Cypress Way East # 5 

Naples, FL. 34110 239-269-2710 Robertoyster1127@gmail.com