November 20, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave SE

Washington DC 20590

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act of 2012 

To whom it may concern,

I, Robert L. Miller, of 1306 S Van Marter Ln Spokane Valley WA 99206, hereby petition the FAA for a 

Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, I request 

certain exemptions in order to conduct aerial photography for commercial and real estate marketing 

purposes using a small unmanned aerial vehicle (UAV).

Signed, 

Robert L. Miller, Owner 

RL Miller Photography LLC
OVERVIEW:

I, Robert L. Miller, of 1306 S. Van Marter Ln. Spokane, WA 99206, hereby petition the FAA for a Section 333 

exemption from various sections of 49 USC of Federal Aviation Regulations. I am the owner of RL Miller 

Photography LLC, and will contract a licensed Pilot in Charge (PIC) for all aerial photography following 

approval of this request.

Pursuant to Section 333 of the Modernization and Reform Act of 2012, Public Law 112-95, I request certain 

exemptions in order to conduct aerial photography and videography for real estate marketing purposes 

using a small UAV - the 3DR Solo. The 3DR Solo weighs less than five pounds to include the camera 

payload. This UAV has the capability to hover and to ascend/descend at no more than 20 knots.

The 3DR Solo consists of four DC motors with rotors that are powered by a Lithium battery managed by an 

onboard flight control system that is remotely accessed by the PIC using a portable control unit.

The 3DR Solo remote control unit is a wireless communication device using the 5.8GHz frequency band, 

which is approved by the FCC for limited-range communication purposes. We will manually operate the 

UAV only in Visual Line of Sight and will conduct flight missions that are within the operating parameters as 

described in the manufacturer’s operating manual. 

3DR Solo SPECIFICATIONS: 

• Weight: 3.3 lbs. (1.5 kg) / 3.9 lbs. (1.8 kg) with camera payload

• Dimensions: 10 in. tall (25 cm), 18 in. (46 cm) motor-to-motor

• Flight battery: Lithium polymer 5200 mAh 14.8 Vdc

• Propellers: 10′′ diameter 4.5′′ pitch self-tightening (24cm diameter 144cm pitch); glass-reinforced nylon

• Max payload: 420 g

• Max altitude: 400 ft./122 m per FAA regulation (factory default limit of 200 ft./60 m)

• Motors: 880 kV

• Frequency: 2.4 GHz

• Flight Time: 20 minutes without camera payload; 25 minutes with camera payload

As a professional photographer and business owner, I am extremely sensitive and aware of the importance 

of safety and privacy, especially as it relates to UAVs. I believe safety is the first and overriding priority in 

regard to operating unmanned aircraft.

Additionally, we will not operate at the UAV in a manner as to invade the privacy of anyone unaware of our 

flight intentions.

Our flight operations will occur during daytime hours only with the primary purpose to enhance real estate 

marketing showing views of properties currently unattainable by still or aviation photography. Surveying 

crops and assessing wind damage on residential buildings is another use. We will operate the UAV in a safe 

manner, using the following pre-flight checklist and operating procedures to determine that the aircraft is 

physically and electronically ready for safe flight and that permission from the property 

owner/representative/business owner is received.

Pre-flight Checklist (3DR Solo): 
• If required, notify the appropriate FAA facility of our launch schedule and location. 

• Survey the property for hazards such as trees, utility poles and other elements that might compromise 

the flight, then make a judgment as to whether to proceed. 

• Check the weather for wind speed, cloud cover, and any forecast changes that might adversely affect 

flight safety and performance. 

• Examine the aircraft - looking at connections and searching for cracks and/or loose parts. 

• Determine that the electronic elements are performing correctly (receiving more than six GPS signals 

along with calibration of the magnetic compass). 

• Determine that the barometric altimeter reflects approximately 0 feet AGL. 

• Following takeoff, I will hover at an altitude of approximately 10 feet AGL to assure the Home Point is 

marked. 

• I will exercise all controls to confirm their functionality - if one of the controls is not functioning, the flight 

will be terminated immediately. 

• I will fly with a Visual Observer (VO) at my side who will provide a second set of eyes to assist in 

observing possible flight hazards and help assure the UAV remains in Visual Line of Sight (VLOS) of PIC. 

• Since the purchase of the 3DR Solo, all training and skill improvement flights have been with the same 

VO. 

• I will not fly over or near dense automobile traffic or crowds. 

• I will give right-of-way to any manned aircraft. 

• I will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius) as well as 

restricted and prohibited zones. 

• I will stay clear of clouds and fog (500 feet vertically and 2,000 feet horizontally).

• I will perform a post-flight check of the UAV to determine its physical and electronic condition. 

Operating Procedures:

• After receiving permission from the property owner/representative/business owner, I will notify all 

adjacent property owners/business owners of our intentions and anticipated time on site. 

• I will not fly over neighboring properties unless permission is granted. 

• I will keep individuals not involved in the flight at a safe distance (500 feet without barrier). 

• I will post a sign stating: “Notice: Aerial Photography Under Way – Please Stay Clear”. 

• Flights will be operated manually within visual line of sight (VLOS) of the PIC and aircrew (VO). 

• Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 25 

percent battery power reserve should that occur prior to the 20 minute limit. 

• Flights will be operated at an altitude of no more than 400 feet AGL, though most operations will be 

conducted within 50 feet of the ground. 

• Minimum two (2) man crew for each UAV operation will consist of the Pilot and VO. 

• The UAV will not enter any MOA or Restricted Airspace, nor shall it violate any TFR as outlined by the 

FAA. 

• A pre-flight briefing will be conducted in regards to the planned UAV operation prior to each day's flying. 

It will be mandatory that all personnel who will be performing duties as "flight crew" be present for this 

briefing. 

• VO and PIC will at all times be able to communicate by voice. 

• If the UAV loses communications with the PIC or loses its GPS signal, the UAV has the capability to return 

to a pre-determined location and land. 
Altitude, distance from the PIC, airspeed, and battery state-of-charge are data viewable on the On-ScreenDisplay (OSD), which is equivalent to an aircraft’s control panel. I maintain that the above checklist and 

procedures will minimize risks to property and persons on the ground as well as other aircraft in the 

National Airspace.

As of this writing, I have practiced extensively with the 3DR Solo, accumulating 40 hours of non-commercial 

flight time in safe, open, non-restricted areas.

Exemption Requests:

14CFR Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, production 

approval, airworthiness certificates and airworthiness approval." (Summation from Exemption No. 11138, 

page 11)

Response: "The Secretary of Transportation has determined that this aircraft meets the conditions of 

Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, and any associated 

noise certification and testing requirements of part 36, is not necessary." (Summation from Exemption No. 

11138, page 11) 

Part 61 (a)(b) Parts, General Operating and Flight Rules 

(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations associated with 

various ratings. 

(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting the 

appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be achieved by the 

UAV industry. While I have regularly used a flight simulator on my computer, those skills are generally not 

transferable to small UAV operation. My sources of training are: the flight instruction manuals from the 

UAV manufacturer; online videos from the manufacturer as well as videos from users; and most 

importantly, personal training in a secure location - an open area not subject to traffic and/or uninvolved 

individuals.

Those training flights, which have averaged 20 minutes each, include setup, physical and electronic safety 

checks; lift off followed by hovering at approximately 10 feet to confirm that the GPS system is functioning 

properly and has registered its Home Point; a prescribed flight plan to familiarize and then master the fight 

controls and camera; returning to the launch point and landing. I then conduct a post-flight inspection for 

any problems, log the location and flight time and then view the video. There are no FAA certified 

instructors or FAA certified study guides available at this time as the technology continues to develop. I 

respectfully request an exemption from this rule.

§91.103 (b)(2) (b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, 

takeoff and landing distance information. 
Response: Since the 3DR Solo takes off and lands vertically like a helicopter, a 3DR Solo pilot would not 

need to know this information since there are no runways involved and the return from flight is the takeoff 

point. The FAA has determined that "relief is not necessary." (Summation from Exemption No. 11138, page 

20)

§ 91.105

Summary: This section deals with flight crew members at stations. 

Response: Since there are no passengers, pilots or crew members, I respectfully request relief from this 

regulation. 

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain flight tests. 

Response: None of these functions are applicable to small UAV flight and, as stated earlier, there are no 

FAA certified instructors or FAA certified study guides available at this time for small UAV operation. I 

respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails anywhere, an 

aircraft should have an altitude sufficient so that an emergency landing can occur without hazard to 

persons or property (91.119 a). 

It also sets minimum altitudes over congested areas and uncongested areas as well as has a paragraph on 

helicopters (91.119 b). It also sets minimum distance (500 feet) from any person, vessel, vehicle, or 

structure (91.119 c). 

Response: None of the altitude requirements in this regulation should apply to a UAV since these aircraft 

are required to fly below those altitudes. Their weight, speed and GPS-controlled Return to Home feature 

mitigates incidents that could occur from loss of signal between the aircraft and PIC. A manned aircraft is 

much heavier and larger than a 3DR Solo. If a 3DR Solo were to malfunction, it carries no humans, no 

explosive fuel and since it flies primarily over a single piece of private property, any damage would likely be 

minimal and confined to that area. As to keeping 500 feet from any person, vessel, vehicle or structure, the 

purpose of real estate aerial photography is to fly close to the subject structures with the permission of the 

owner/representative. I maintain that my nearly 40 hours flying experience with the 3DR Solo have 

provided me with sufficient skills to manage safely any approach under 500 feet. In addition, access to the 

property is strictly controlled (warning sign and the clearing of any person on the property not involved in 

the flight). I respectfully request an exemption from this rule. 

§ 91.121 

Summary: This section details altimeter settings required to maintain the "cruising altitude or flight level of 

that aircraft." It requires that the "elevation of the departure airport" be set in the altimeter or the 

"current reported altimeter setting of a station along the route and within 100 miles of the aircraft".
Response: A small UAV cannot comply fully with this section's altitude requirements. The 3DR Solo is 

equipped with a barometric altimeter which automatically calculates the takeoff altitude (0 AGL) when the 

aircraft is warmed up - the launch point becomes the "elevation of the departure" point. 

The altitude of the UAV is visible in the control monitor (a smart phone or OSD) by the PIC before launch 

and is consistently updated as the flight progresses. I respectfully request an exemption from this rule. 

§ 91.151 

Summary: This section deals with fuel requirements for VFR flights stating, among other things, that "no 

person may begin a flight in an airplane under VFR condition unless...there is enough fuel to fly to the first 

point of the intended landing and, "...fly after that for at least 40 minutes (day) and 45 minutes (night)". 

Response: This regulation deals with 'reserve' fuel. This could include any condition that increases flight 

time or fuel consumption. Weather would be one factor including wind, turbulence and the necessity to 

divert around threatening thunderstorms. Compliance with this regulation is not possible because the 

'fuel" onboard the 3DR Solo is not aviation gas but a Lithium battery with a maximum flight duration of 20 

minutes. Fuel management of an UAV requires constant monitoring of the battery's state-of-charge and 

bringing it home before it reaches the manufacturers recommended 30 percent level. 

In our training flights, we've found that a flight of 20 minutes to be safe, returning the UAV to its Home 

Point around the 40 percent battery capacity level. I respectfully request an exemption from this rule. 

§ 91.405 

Summary: This section deals with aircraft maintenance including regular inspection, the keeping of 

appropriate maintenance records and replacement of inoperable instruments. 

Response: Maintenance on the 3DR Solo is quite straight forward. If, in landing, a rotor blade or two are 

damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is replaced by a data 

stream from the 3DR Solo, visible in the control monitor (smart phone or OSD). Replacement of minor 

parts are performed by the PIC and a major 'overhaul' that can't be easily resolved will go back to the 

manufacturer for repair. 

Currently, there are no required inspections by 'authorized' maintenance personnel and there would be no 

space/room on board to install a placard of inoperability. I respectfully request an exemption from this 

rule.

§ 91.407 

Summary/Response: This section addresses requirements after maintenance has been performed. Again, 

approval of the maintenance before flight is essentially in the hands of the PIC. 

Whatever maintenance is performed will be entered in the aircraft log, unless a separate maintenance log 

is required. Paragraph (b) refers to the prohibition of a pilot carrying passengers or crew members, if the 

flight characteristics have been substantially affected, before a rated pilot performs an operational check 

of the maintenance. Again, this is a PIC's responsibility to preflight the 3DR Solo and determine its flyability. 

And, as mentioned earlier, there is no pilot, crew members or passengers on board the 3DR Solo. I 

respectfully request an exemption from this rule.
§ 91.409 

Inspections: This section deals with the necessity of annual and 100-hour inspections or "progressive 

inspections" and approval by authorized persons which will lead to the "issuance of an airworthiness 

certificate." 

Response: As stated earlier, there are no FAA-approved inspection protocols nor authorized inspection 

personnel. The PIC handles those issues each time the 3DR Solo is prepared for flight. The pre-flight check 

list enumerated earlier will be followed to determine its mechanical and electronic integrity. I respectfully 

request an exemption from this rule. 

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, replacement and 

condition of vital parts (rotors, engines & airframe). Certain records must be retained for one year while 

other record must be kept with the aircraft even when sold to another part. 

Response: The details of this section would be impractical with a 3DR Solo, but repair issues can be 

entered into the aircraft log. I respectfully request an exemption from this rule. 

The above requests for exemptions follow the guidance published by the FAA. 

Safety: 

The 3DR Solo is a small four-rotor UAV with multiple safety features to assure a safe and efficient flight, 

minimizing personal injury and property damage and integrating with minimal risk into the NAS. They 

include: 

• A GPS flight system that allows for stable remote control of the aircraft.

• The ability to hover in place by simply taking hands off the controls. 

• A Return to Home function if electronic contact between the Remote Control and the aircraft is lost. If 

the aircraft begins to show unstable flight, I will land it immediately. 

• The ability to limit height (<400 feet) and distance (<1000 feet) from the PIC through the control 

software. 

• Use of the 'radar' mode which instantly allows the PIC to pinpoint the UAV. 

• The No Fly Zone control software will prevent takeoffs within a five mile radius of a major airport as well 

as provide warning in the event that the aircraft inadvertently approaches the zone while in flight. This 

warning will provide sufficient time for the PIC to reverse course. 

• Readout of the battery's state of charge so that there is sufficient power to bring the UAV home. 

The weight, size, speed and limited flight of this small UAV focuses on inanimate objects (homes) reduces 

the likelihood of significant personal or property damage. Flight of the UAV risks no onboard lives unlike 

manned helicopters or planes used for aerial photography. The safety features associated with the 3DR 

Solo as well as my pre-flight checklist and procedures will assure that public safety is not adversely 

affected.

With regard to aerial videography and photography, RL Miller Photography LLC adheres to all FAA

regulations. Further, RL Miller Photography LLC operates under the principles of: Safety First, Quality 

Assurance, Accountability, & Reporting. When approved by the FAA, it is RL Miller Photography LLC’s
mandate to treat all UAV operations with the same level of professionalism and seriousness as that of 

manned aircraft.

Approval of exemptions allowing commercial operations of small UAV in the real estate industry will 

enhance safety by reducing risk.

Conventional filming operations, using turbine or piston powered manned aircraft, present the risks 

associated with the vehicle weight and Jet A or 100 LL fuel. Such aircraft must fly to and from the site 

location. In contrast, a UAV weighing fewer than 5 pounds and powered by batteries eliminates virtually all 

of the risk given the substantial reduced mass and lack of combustible fuel carried on board. The UAV is 

typically transported to the location via an automobile in a protective case.

The operation of small UAV, weighting less than 10 pounds, conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial operations.

The markets of interest for RL Miller Photography LLC are the Real Estate Industry, the documentation of 

Commercial Businesses, and property evaluation primarily in Spokane County Washington and Kootenai 

County Idaho. 

Community Benefit:

First and foremost is the reduced risk public safety that a small UAV offers in comparison to a manned fixed 

wing or rotorcraft. Weighing five pounds with camera and battery, the 3DR Solo is incapable of causing the 

level of damage or injury caused by a full-size, manned aircraft. Additionally, the ecologic and noise impact 

is negligible as compared to traditional manned aircraft. Lastly, as real estate is a large part of our 

community, the use of a small UAV aerial filming platform is a cost-effective and visually impactful means 

to promote our available properties, therefore becoming an economic driver in the community. RL Miller

Photography LLC is eager to support the FAA and UAV community in its quest to establish proper 

regulations and protocols for the safe introduction of unmanned aircraft into the National Airspace. 

Signed, 

Robert L. Miller, Owner 

RL Miller Photography LLC

Attachments: 

• 3DR Solo User Manual