Thomas Miller Video Productions
, 310 1 East W alnut S t Co lmar
, Pa 189 1 5 tdmiller1@gmail.com
215

- 589

- 2537 cell phone

Ju ly 30 , 2015 US Department Of Transportation
Federal Aviation Administration 800 Independence Ave SW Washington DC 20591

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the reform act) and
CFR Part 11 Thomas Miller Video Productions , owner requests to be exempted from the Federal Aviation Regulations (FAR) listed below so that Thom as Miller Video Productions may operate UASs commercially in airspace regulated by the FAA., as long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required b y Section 333.
Thomas Miller Video Productions is owned Thomas D Miller , a P ennsylvania resident, with a

P ennsylvania Drivers license

. Thomas has a S tudent pilot’s license and will be the PIC. All operations
wil l be performed with the public’s safety in mind and right to privacy safeguarded at all times. As described below, the requested exception would permit the operation of light weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions for comm ercial use by a Student pilot
with full knowledge of airspace fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) responsibility to” establish requirements for safe operation of such aircraft systems in national airspace
systems. ” Section 333(c), of the Reform Act.
Thomas Miller Video Productions UASs ( Phantom 3 Pro ) are rotorcraft weighing less than 55 pounds including payload. They operate at a speed less than 50 knots and have the capability to hover
and mo ve in the vertical and horizontal plane simultaneously. T h e air craft has an auto return to launch point when battery power is under 25%. The UAS will operate within the line of sight within a protected flight area as described below and at 200 feet AGL or less wi th an observer located close at hand as to make voice communication possible. The PIC (Thomas Miller) has a screen that indicates AGL, Speed,
and d istance aircraft is from the PIC. These operations will not create a hazard to users of the nation airspace, public nor the environment.
Thomas Miller Video Productions respectfully requests the grant of an exception t o the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs 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)&(b).

Thomas Miller Video Productions submits this application in accordance with the Reform Act ,112 P.L. 95 331 334 , seeking relief from any currently applicable FAR’S operating to prevent Thomas
Miller Video Productions 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 into our national airspace system as it is in the public’s interest to d o so. Thomas Miller Video Productions UAS meet s the definition of “small unmanned aircraft” as
defined in Section 331 and therefore the integration of these UASs are expressly contemplated by the
Reform Act. Thomas Miller Video Productions would like to operate its li ghtweight 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 national airspace before completion of the rule making required under Section 332 of the reform Act. In making this determination, the Secretary of Transportation is required to determine which UASs do create a hazard to users of the national airspace sys tem or the public or pose a threat to national security in light of the following:

• The UASs size, speed, weight and operational capability

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

• Operation of the UASs within visual line of sight of the operator

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe operation in national airspace.
Thomas Miller Video Productions are r otorcraft s weighing less than 55 lbs. and they operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The UASs will operate only within the line of sight of the operator within a protecte d flight area and at 200 feet AGL or less. These will not present a hazard to the national airspace nor the public. The very small nature of these UASs combined with the safe guards presented below, will allow for the safe operation greater than that envis ioned by Congress for the FAA to establish and by exemption allow commercial operations of UASs to commence immediately. Also due to the size of UASs and the areas and altitudes they will operate approval of this exception presents no nationalsecurity iss ues and absolutely minimal safety concerns which have been mitigated through our 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 enhanced safety, reduced emissions utilizing UASs verses 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 applican t requests that the FAA grant the requested exemption without delay. The following will be considered as the binding limitation on operations of Thomas Miller Video
Productions
,

• Flights will be operated in the line of sight of the operator(PIC) and Observer,(VSO)

• All required FAA clearances, will be obtained and distances from airports strictly
ob served.

• Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by manufacturers recommendations,

• Flights will only occur in the daylight hours,

• The UASs will weigh less that 55 lbs. (2.9lbs to be exact)

,

• Flights will be operated at 200 feet AGL or less.

• PIC will have a Hand held Radio to monitor local air traffic for added saftey

• Crew will be at a minimum of operator(PIC) and an observer and/or camera operator(VSO), Operator and crew will remain in contact during the flight operation,

• The UASs operator will perform a check of the flight area and make certain of the safety
of all persons in the area,

• Consent will be obtained from all persons within the video capabilities of the units to further reduce the chance of violating anyone’s privacy.

• All UASs will have the capability to return automatically to the operator in a safe manner with the auto return function checked and working.

• Flights will only operate in VFR conditions.

• UASs have a function on the control to tell operator the dist ance away from the operator and its battery power remaining.

• Flight team will communicate by voice and the use of two

- way radio if the area is too big
to hear voice from all team members.

• UASs will be used to video for comme rcial marketing and advertising.

• When operating over or near water the UASs will be equipped with flotation devices so that recovery can be made as to prevent lithium battery exposure to the water table.

14 CFR part 21 Subpart H : Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) Sub part H, entitled Airworthiness Certificates , sets forth requirements for procurement of necessary certificates in
relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Thomas Miller Video
Productions
, UAS flights permits exception fro m Part 21 because they meet 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 USC 4470(f) and Section 333 of the Reform
Ac t. Both pieces of legislati on permit the FAA to exempt UAS from airworthiness certificates inconsideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Thomas Miller Video Production s meets or exceeds e ach of these elements As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for flights at or under 200 AGL to any UASs operator with a section 333 exemption.  14 CFR 91.203(a&b) provides for carrying of civil aircraft cer tifications and registrations. These are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Thomas Miller
Video Productions operations center. 14CFR91.7 (a) proh ibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR’s this regulation is inapplicable. 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft  14 CFR 91.9(b)( 2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certifications and registrations at Thomas Miller Video Productions operations center. The FAA has previously issued exemptions to this regulation in Exemptions No’s 8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827

.  14 CFR 91.119 Minimum safe altitudes, prescribes safe a ltitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions.
Thomas Miller Video Productions will only operate its UASs at or below 200AGL. They will be operated on a will defined AOR that has been care fully reviewed for hazards and minimizes the presence of any persons not essential for these operations. Flights will only be over private property that the owner has consented and all persons within this video area also give consent for this filming. Comp ared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel UASs operations present a far smaller risk to the public. Approval of these 333 Exemptions allowing commercial operations of small UASs in the service of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in cl ose proximity of populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery operated and fling below 200 feet AGL the risk of injury of people on the ground or the crew has been reduced or almost erased. Granting Thomas Miller Video Productions the above exemption will allow for the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment
of the masses. Thomas Miller Video Productions respectfully requests the FAA grant its exception
without d elay. The FAA has the authority to issue the exemption sought Thomas Miller Video
Productions pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the AC

S incerely
, Thomas D Miller , Owner
Thomas Miller Video Productions 3101 East Walnut st, Colmar Pa