United States Department ofTransportation Docket Management System 1200 NewJersey Ave., SE West Building Ground Floor Room W12-140 Washington, DC 20590 Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform**~ptof2Ql2** August 28, 2015 Dear Sir or Madam: Pursuant to Section 333 ofthe FAAModernization and Reform Act of2012 (the Reform Act) and C.P.R. Part 11, James R. Miller, Owner and operator ofSmall 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 ofthe applicant is: James R. Miller 146 Cypress Way East# 5 Naples, FL. 34110 239-269-2710 Robertoyster1127@gmail.com As described below, the requested exemptionwouldpermitthe operation oflightweight (less than 55lbs. total take offgross weight) UASs under controlled conditions for commercial use byprofessional certificatedpilots thereby enhancing safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to"

.... establish requirements for the safe operation ofsuch aircraft systems inthe national airspace system." Section 333(c) ofthe Reform Act. James R. Miller respectfully requests the grant ofan exemption to the following specific sections ofthe Title 14 Code offederal Regulations allowing itto operate lightweight 

### VAS's for commercial use: 14 CFR21, subpart H, 14 CFR45.23(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 withthe Reform Act, 112 P.L. 95 331-334, seeking relieffrom any currently applicable FAR's operating to prevent future commercial use ofsmall UASs to operate inthe national airspace system as described below. The Reform Act Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is inthe 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 ofJames R. Millers lightweight UASsare expressly contemplated by the Reform Act. James R. Miller would like to operate its lightweight UASs prior to the time period by whichthe Reform Actrequires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary ofTransportationto considerwhether certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary isrequired to determine whichtypes ofUASs do not create a hazardto users ofthe NAS orthe public orpose a threat to national security in light ofthe following:

• The UAS's size, weight, speed and operational capability • Operation ofthe UAS inclose proximity to airports and populated areas • Operation ofthe UAS within visual line ofsight ofthe operatorReform Act 333 (a) Ifthe secretary determines that such vehicles "may operate safely inthe National Airspace System, the Secretary shall establish requirements for the safe operation ofsuch aircraft inthe National Airspace System."

James R. Miller' s 

### VAS's are rotorcraft weighing less than 55 pounds including payload. They operate at a speed ofless than 50 knots and have the capability to hover and move inthe vertical and horizontal plane simultaneously. The UAS will operate only within the line ofsight ofthe pilot within a protected flight area as described below. Such operations will insure that the UASs will not create a hazard to the users ofthe national airspace system orthe public. The small nature ofthe UASs utilized by James R. Miller combined with the safety protocols outlined below will allow for a greaterthan equivalent level ofsafety inwhich Congress envisionedthat the FAAmust, by exemption allow commercial operations of UASs to commence immediately. Also due to the size ofthe UASs and the areas and altitudes they will operate, approval ofthe exemption presents no national security issue and absolutely minimal safety concerns which have been mitigated through a rigorous risk managementprocess. Giventhe clear direction given in Section 333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, the significant public benefit, including enhanced safety, reduced emissions utilizing UASs verse traditional aircraft as well as the economic impact ofgreatly reducing the cost ofaerial photography thereby benefiting the greaterpublic'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-basedpilot 2. Flights will only occur in the daytime and clear ofclouds 3. The UASs will weigh less than 55lbs attake offand during flight 4. Flights will be terminated with 25% ofbattery life remaining 5. Flights will be operated at an altitude at orbelow 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 crewwill be one certificated Private/Instrumentrated pilot orhigher rating with a current FAA medical. A camera operator and or observer may be added as required to further reduce the possibility oftask saturation by the pilot depending onthe missionrequirements.

8. Pilot, observer and camera operator will maintainreal time communication capability throughout flight operations.

9. The UAS Pilot will conduct a full site survey to determine the Area ofResponsibility (AOR). This AORis the actual area for UAS operations for a particular day. Each survey will include the assessment ofpotential 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. Ifdeemed necessary, the crewwill 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 thoroughbriefing will be conducted, prior to the first flight ofthe day in an AOR, utilizing the briefing guide inthe SOPs. All persons who will be inthe AORwhile UAS flights are conducted will bepresent for this briefmg.12. James R. Miller will obtain consent (verbal orwritten) for any persons who need to be within 100 feet ofUAS flight operations.

13. Written and or verbal permission from the relevantproperty owners will be obtained priorto flight.

14. All required permissions and permits would be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other governmental agencies. 15. Ifthe UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre-determined location withinthe AOR and land autonomously. 16. The UAS will have the ability to abort a flight incase 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 inrelation to FAR91.203(a)(1) The size, weight and defined area ofoperations for James R. Miller's UAS flights permits exemption from Part 21 because James R. Millermeets an equivalent level ofsafety pursuantto Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirementunderboththe ACT (49 U.S. C. 44701(t)) and Section 333 ofthe Reform Act. Bothpieces oflegislationpermit the FAAto exempt UASs from the airworthiness certificate requirement inconsideration ofweight, size, speed, maneuverability and proximity to areas such as airports and dense populations. James R. Miller meets or exceeds each ofthese elements. 14 C.F.R. 91.203 (a &b) provides for carrying ofcivil aircraft certifications and registrations. They are inapplicable for the same reasons stated above. The equivalent level ofsafety 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 ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable. 14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual inthe Aircraft 14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots ofpassengers, and giventhe size ofthe UASs, this regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining an operators manual at the flight operations center. The FAAhas previously issued exemptions to this regulation inExemptionNos. 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 Eachpilot incommand 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 ofintended use, and the following takeoffand landing distance information. This subparagraph is not applicable due to our offairfield 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 ofa civil manned aircraft inconjunctionwithtraining and flight tests. The UAS to be employed by James R. Miller are not designated inthis 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 UASsutilize GPS systems and internal gyroscopes to provide spatial stability and a reference datum. 14 C.F.R. 91.151 Fuel Requirements for Flight inVFR 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 ofintended landing, and assuming normal cruising speed. The battery powering the UAS provides approximately 15 minutes ofpowered flight, which is less thanthe reserve requirement alone by FARs for day. Given the limitations onthe 

### VAS's flight envelope, proposed AOR size, battery life and its ability to land immediately itis reasonable to allow an exception. 

### An equivalent level ofsafety canbe achieved by limiting flights to 25% ofbattery power. This restriction would be more 

### than adequate to return the UAS to its planned landing zone inthe AOR. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 and 10808. 14 C.F.R. 45.23 Marking ofthe AircraftApplicable Codes ofFederal regulations require aircraft to be marked according to certain specifications. James R. Miller' s UASs are unmanned; do not have a cabin, cockpit orpilot station on whichto mark certain words orphrases. Further, two-inch lettering is impractical to place on such small aircraft. James R. Miller will, however, place the word "EXPERIMENTAL" onits fuselage as required by 14 C.F.R. 45.29 (t) so that the pilot, camera operator, observer and any otherpersons operating 

### inthe AOR can see the markings onthe UAS. The FAAhas 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 ofcivil aircraft. Itallows helicopters to be operated at lower altitudes in certain conditions. James R. Miller will only operate its UASs at orbelow 400 AGL. James R. Miller will operate its UASs in a defined AORthat 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 ofthe property owner. The equivalent level ofsafety will be achieved giventhe size, weight and speed ofthe UAS as well as the location where it is operated. Compared to flight operations with traditional aircraft orrotorcraft 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 operatororowner "shall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as prescribed inparagraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter, and others shall inspect ormaintainthe 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 ofsafety James R. Miller requires its pilots to conduct a preflight, through flight and post flight inspection ofthe UAS to ensure its flight worthiness prior to launch. Each UAS is flown in compliance withthe applicable manufactures manual to include all software update cycles as well as flight checklists. Inthe event ofa malfunctionthe UAS canland immediately. Privacy All flights will occur overprivate orcontrolled access property withthe property owner's prior consent and knowledge.

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Summary James 

### R. Miller is seeking exemption from the following rules: 14 CFR 21, subpart H, 14 CFR45.23(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 SetPhotography and Video. Approval ofthe above exemptions allowing commercial operations ofsmall UASs inthe service ofaerial and closed set photography, inspections ofall 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 ofpounds and carrying hundreds ofpound offuel presenting a significant risk to life andproperty. With James 

### R. Miller's use ofsmall UASs weighing lessthan 55 lbs., poweredby batteries and operating at orbelow400 AGL they virtually eliminate all ofthe risk associated withtraditional aerial & closed setphotography. 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. Millerthe above exemptions will allowfor the expansion ofUAS systems into the future, in a professional, safety conscious culture steep inthe 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 thatthe FAA grant

### its exception without delay. The FAAhas the authority to issue the exemption soughtby Jonathan A. Steinerpursuant 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