Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91 .103(b); 91.109; 

119.121; 91.151 (a); 91 .203(a) & (b); 91.405(a); 91.407(a) (1 ); 91.409(a) (2); 91.417(a) & (b) 

Dear Sir or Madam, 

I, Robert Miller, am writing pursuant to the FAA Modernization and Reform Act of 2012 

and the procedures contained within 14 C.F.R. 11, to request that I, Robert Miller, an 

owner and operator of small unmanned aircraft, be exempted from the Federal Aviation 

Regulations ("FARs") listed below so that I, Robert Miller, may operate my small 

ultralight weight unmanned aircraft system ("UAS") commercially in airspace regulated 

by the Federal Aviation Administration ("FAA"). 

As described herein I, Robert Miller, am a licensed Contractor within the State of North 

Carolina (license #65332); experienced in flying hobby helicopters for recreational 

purposes. I currently have a DJI Phantom II Vision+ 5.8GHz 7 CH 3 Axial with Camera 

RTF Mode 2. However, I will be flying a DJI Phantom II Vision Plus for the purpose of 

aerial photography, videography/cinematography to enhance Estimates, Invoicing for 

our Customers and Advertising; following exemption and approval by the FAA. While 

not required to operate, I requested and have invited by a greater Charlotte NC DJI 

Phantom II Vision Plus reseller I instructor, to an in depth pilot training. This is one 

additional step that illustrates my commitment to be specifically proficient with the very 

manufacturer and model I intend to fly for the purpose of my Parking Lot Maintenance 

business. I've included a hyperlink to the DJI Phantom II Vision Plus user manual below 

in appendix 89. 

I have flown small RC electric helicopters recreationally for approximately 3 years 

without incident. I too have accrued 1 00+ hours of flight time with the DJI Phantom II 

Vision+. I'm highly sensitive and respectful of the FAA and its commitment to safety and 

I share the same values. My, Robert Miller's, exemption request would permit operation 

of ultralight weight, unmanned (piloted by remote control) and comparatively 

inexpensive UAS(s) in tightly controlled and limited airspace. 2 Predetermined in areas 

away from general public, airports, heliports and vehicular traffic within property 

boundaries for individual homeowner and commercial business owners for 

videos/photos. 

1 Appendix A - OJI Phantom II Vision + User Manual hyperlink 

2 Appendix 8 - CL T 5 mile "drone no fly zone" airport radius hyper/ink 

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Granting my, Robert Miller's, request comports with the Secretary of Transportation's 

(FAA Administrator's) responsibilities and authority to not only integrate UAS's into the 

national airspace system, but to " ... establish requirements for the safe operation of such 

aircraft systems [UAS's] in the national airspace system" under Section 333(c) of the 

Reform Act specific to the use of UAS's for Parking Lot Maintenance purposes. Further 

I, Robert Miller, will conduct my operations in compliance with the protocols described 

herein or as otherwise established by the FAA. 

For the reasons stated below I, Robert Miller, respectfully request the grant of an 

exemption allowing me to operate ultralight weight, remote controlled UAS's to enhance 

Parking Lot Maintenance videos for business estimates and invoicing and for video 

advertisement for our website. Hence promoting local economic growth through 

increased employment and increased tax base. Always with public safety in mind by 

keeping heavier manned aircraft containing combustible fuel that that poses potential 

public hazard. 

I. Contact Information: 

Robert Miller and President 

RAM Pavement Services, Inc. 

PO Box49094 

Charlotte NC 28277 

Office: (704) 622-1300 

Mobile: (704) 578-1110 

Email: robmiller@rampavement.com 

II. The Specific Sections of Title 14 of the Code of Federal Regulations From 

Which Robert Miller Requests Exemption are: 

14 CFR 21; 

14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

3 Appendix C - Personal Protocols and Controls 

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definition of "small unmanned aircraft" as defined in Section 331 and therefore the 

integration of my ultralight weight UAS is expressly contemplated by the Reform Act. I 

would like to operate my ultralight weight UAS prior to the time period by which the 

Reform Act requires the FAA to promulgate rules governing such craft. Thereby, 

providing direct experience and valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video and photography. The 

Reform Act guides the Secretary in determining the types of UAS's that may operate 

safely in our national airspace system. Considerations include: The weight, size, speed 

and overall capabilities of the UAS's; whether the UAS will be operated near airports or 

heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 

P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Robert 

Miller. My UAS utilizes four (4) counter-rotating propellers for balance, control and 

stability. My UAS is equipped with GPS and auto return safety technology. Weighing 

less than five (5) pounds (far below the maximum 55 pound limit); including camera with 

gimbal. 

I, Robert Miller, consider safety of paramount importance with each flight. The Phantom II Vision Plus unmanned aircraft is designed to hover in place via GPS and operate in 

wind up to 25 mph. For safety, stability and fear of financial loss I will not fly in winds 

exceeding 15 mph. The Phantom II Vision Plus is feature rich including multiple safety 

features including (please click on this hvperlink) Radar Positioning & Return Home, 

Programmable Wa v Points and No Flv Zone firmware to name a few. I've also included 

various (please click on this hyper/ink) videos that demonstrate the Phantom II Vision 

Plus capabilities. I'm also researching (please click on this hyper/ink) Epson Moverio 

BT-200 glasses to further enhance flight safety also with unimpeded, direct line of sight 

views for the operator. When pilot communication is lost UAS is designed to slowly and 

automatically descend to point of takeoff. I do not and will not operate my UAS within a 

5 mile radius of airports, Hospitals nor Police heliports, and do not operate near areas 

where general public is within fifty to one hundred (50-100) yards depending on location, 

conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical 

helicopters, etc.) and prepared to land/abort immediately to the nearest and safest 

ground point should a manned aircraft approach my location or I suspect manned 

aircraft may approach near my location. My UAS is capable of vertical and horizontal 

operations, and are flown only within my line of sight of me, as the remote control pilot. 

Utilizing battery power rather than combustible fuels, flights generally last between five 

(5) to ten (1 0) minutes, but no more than twenty (20) minutes with an altitude under one 

hundred fifty (150) feet. 

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replacement for sufficient safe level of operation. I do not believe in taking risk that may 

cause a crash that could create hazard to the public/property/manned aircraft, and have 

no desire to lose an investment. I have clocked numerous practice flights in remote 

areas as a hobbyist simulating flights for future commercial use to gain familiarization 

with characteristics specific to UAS's performances under different temperature and 

weather conditions. I also practice computerized simulated flights to maintain adequate 

skills and response reflex time. All for the sake of safety. 

I, Robert Miller, am extremely cautious when operating of my UAS/ultralight weight 

unmanned aircraft and will not "create a hazard to users of the national airspace system 

or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls 

well within Congress's contemplated safety zone when it promulgated the Reform Act 

and the corresponding directive to integrate UAS's into the national airspace system. 

Robert Miller's UAS, used in hobby flight, has a demonstrable safety record and does 

not pose any threat to the general public or national security. 

IV. How Robert Miller's Request Will Benefit the Public As A Whole: 

Aerial photography and videography for Parking Lot Maintenance marketing and for 

estimates and invoicing has been around for a long time through manned fixed wing 

aircraft and helicopters. For small budget real estate companies and average 

homeowners the expense of such aerial videography is cost prohibitive. Only high end 

companies and luxury homeowners can afford to absorb such expenses. Hence 

depriving non-luxury homeowners and lower budget Companies from a valuable 

marketing tool. Manned aircraft pose a threat to the public through potential catastrophic 

crashes. My, Robert Miller's, UAS pose no such threat since size and lack of 

combustible fuel alleviates potential threats to the public. 

Congress has already proclaimed that it is in the public's interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the 

Reform Act. Granting my, Robert Miller's, exemption request opens possibilities to 

further the public interest through academic/visual awareness of the geographical 

benefits in and around the metro Charlotte area. I intend to become a steward in my 

respected market demonstrating the proper way to operate a UAS for Parking Lot 

Maintenance marketing purposes. My ultralight weight UAS is battery powered and 

creates no emissions that can harm the environment. The consequence of my ultralight 

weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which 

are heavy, contain combustible fuel and can cause catastrophic devastation to the 

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How the Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rule: 

My, Robert Miller's, exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated permitting me, Robert Miller, to log more flight time in FAA 

controlled airspace, with communication with the FAA, will allow me to contribute to the 

innovation and implementation of new and novel, as of yet undiscovered safety 

protocols for Business Owners that can be embraced by all businesses for 

development in cooperation with the FAA. In addition I, Robert Miller, submit the 

following representations of enhancements to current aerial videography and 

photography for Parking Lot Maintenance: 

• My UAS weighs 1242g (including battery and propellers) with a small ultralight 

weight high quality integrated camera; 

• I only operate my UAS below 200 feee (well within the 400 foot permissible 

ceiling set by the FAA Modernization and Reform Act of 2012); 

• My UAS will only operate no more than 20 minutes per flight; 

• I land my UAS prior to manufacturer recommended minimum level of battery 

power; 

• I pilot my UAS through remote control only by line of sight; 

• My UAS has GPS a flight safety feature whereby it hovers and then slowly lands 

if communication with the remote control pilot is lost; 

• I actively analyze flight data and other sources of information to constantly 

update and enhance safety protocols; 

• I only operate in reasonably safe environment that are strictly controlled, are 

away from power lines, elevated lights, airports and actively populated 

• areas; I conduct extensive pre-flight inspections and protocol, during which 

safety carries primary importance; 

• I always obtains all necessary permissions prior to operation; and, 

• I have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

• DJI Phantom II Vision + (see Appendix A User Manual) 

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, 

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board and I only operate my UAS in specific areas away from mass populations. 

• Second, there is no fuel on board a UAS and thus the potential for fire or 

explosions is greatly diminished. 

• Third, the small size and extreme maneuverability of my UAS allow me to 

remotely pilot away from and avoid hazards quickly and safely. 

• Lastly, given its small size and weight, even when close enough to capture 

amazing images, my UAS need not be so close to the objects they are focused 

on through the technology and use of post editing software allowing pan and 

zoom. 

Accordingly, my UAS has been experimentally operated for familiarization/competency 

and will continue to operate at and above current safety levels. 

VI. A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, 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 enclosed operational area of my, Robert Miller's, 

UAS permits exemption from Part 21 because my UAS meets (and exceeds) 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 (f)) and Section 333 of the Reform Act. Both pieces 

of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. My, Robert Miller's, 

current and projected UAS's meet or exceed each of the elements. 

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 

FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are 

no on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a 

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

level of safety will be achieved by maintaining any such required certifications and 

registrations by me, Robert Miller. 

B. 14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to 

certain specifications. My UAS are, by definition, unmanned. They therefore do not have 

a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft with dimensions smaller that 

minimal lettering requirement. Regardless, I will mark its UASs in the largest possible 

lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 

§45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see 

the markings. The FAA has previously issued exemptions to this regulation through 

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

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. I, Robert Miller, can achieve an equivalent level of safety as achieved by 

current Regulations because my UAS does not carry any pilots or passengers. Further, 

while helpful, a pilot license will not ensure remote control piloting skills. The risks 

attended to the operation of my UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Robert Miller, 

to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. 

§61.113 (a) & (b). 

D. 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. My UAS will never 

operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, 

Robert Miller, will however operate my UAS in safe areas away from public and traffic, 

providing a level of safety at least equivalent to or below those in relation to minimum 

safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an 

equivalent or higher level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

5 Appendix D - Safety/Flight Manual Pa~e7of9 
A Summary the FAA May Publish in the Federal Register: A 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, 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 

enclosed operational area of my UAS permits exemption from Part 21 because my, 

Robert Miller's, UAS 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 (f)) and Section 333 of the Reform 

Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness 

certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. My UAS meets or exceeds 

each of the elements. 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 FARs, this Regulation is inapplicable. 14 

C.F.R. § 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 UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a manual. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 95658, 10167, maintenance program that involves regular software 

updates and curative measures for any damaged hardware. Therefore, an equivalent 

level of safety will be achieved. 

In summary, Robert Miller seeks an exemption from the following Regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 

91.7 (a); 14 C.F.R. § 91.9 (b) (2); 14 C.F.R. § 91 .103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 

91 .119; 14 C.F.R. § 91 .121; 14 C.F.R. § 91 .151 (a); 14 C.F.R. §§ 91 .203(a) and (b); 14 

C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a) (2); 14 C.F.R. § 

91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, Robert 

Miller's, small unmanned vehicle/lightweight unmanned aircraft vehicle in community 

awareness and commercial operations, and to develop economic platforms for 

commercial real estate to enhance the experience of those seeking to beautify and bring 

their parking lots up to code to the metro Charlotte area. Currently, area awareness and 

commercial real estate aerial videography/photography relies primarily on the use of 

larger aircraft running on combustible fuel. Therefore posing potential risk to the public. 

Granting my, Robert Miller's, request for exemption will reduce current risk levels and 

thereby enhance safety. My UAS craft do not contain potentially explosive fuel, lighter 

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of 2012. There are no personnel on board my, Robert Miller's, UAS and therefore the 

likelihood of death or serious bodily injury is significantly diminished. My, Robert Miller's, 

operation of my UAS, weighing less than 5 pounds and travelling at lower speeds within 

limited areas will provide an equivalent level of safety as that achieved under current 

FARs. Accordingly I, Robert Miller, respectfully request that the FAA grant my 

exemption request and am willing to cooperate in sharing information to benefit the 

FAA, safety of manned aircraft, and the general public at large. 

Robert Miller, President 

RAM Pavement Services, Inc. 

PO Box 49094 

Charlotte NC 28277 

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Appendix A 

DJI Phantom II Vision+ 

(Please click on hyperlink below) 

User Manual 
Appendix 

8 

(Please click on the link below) 

Charlotte Douglas Airport 5 Mile 

Radius Link 

Charlotte, North 

Carolina 
Appendix C 

Robert Miller Personal Protocols 

and Controls 
• Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or 

unmanageable/uncontrolled flight. 

• Check weather forecasts for wind advisory or other conditions that my impact flight. 

• Consult five (5) mile radius map for airport vicinity. 

o Contact respective airport to advise of estimated flight time, estimated flight duration, 

estimated elevation of flight, and any other pertinent information. 

• Inspect flight area for 

o vicinity of public safety helipads/heliports 

o vicinity of medical helipads/heliports 

o vicinity of light poles 

o vicinity or utility wires 

o vicinity of trees 

o flocks of birds that may cause interference and potential flight impact 

o vicinity of any elevated obstructions that may pose potential flight hazard 

o vicinity of roadways with moderate to heavy traffic that can be distracted 

o public gatherings that may attract viewers 

o optional point of control for best visual site of UAS while in flight 

• Takeoff and landing 

o inspect area for best and safest point of takeoff and landing 

o if in a subdivision or area that is within 150 feet of a residential street, post warning 

sign(s)/stand(s) "Attention Aerial Photography In Progress- Remain Back 150 Feet" 

Flight Protocol: 

• 

• 

• 

• 

• 

• 

• 

Takeoff and land from same location 

Remain alert to birds, sound or aircraft, curious public, and approaching vehicles 

Do not allow anyone to engage in conversation or distract the remote control pilot 

Restrict flight to minimal elevation sufficient to acquire desired results 

Remained prepared for emergency landing at all times 

Pay attention to flight time 

o If possible set a timer as a safety alert 

Land UAS and shut down propulsion immediately following landing 

Robert Miller, RAM Pavement Services, Inc. Charlotte NC 
o manned aircraft is heard or seen in vicinity offlight 

o there is a public gathering within established safety boundary wanting to observe flight 

o pilot is being distracted from focusing on flight and safety 

o sudden change in weather (wind bursts) 

o sudden increase in vehicular traffic in vicinity offlight 

o birds enter into proximity of flight 

o any sudden unsafe event that can cause collision, distraction or interruption of control 

o always have a first aid kit on hand 

Robert Miller, RAM Pavement Services, Inc. Charlotte NC 
Appendix D 

Robert Miller 

Safety/Flight Manual 
Visibility Good Fair 

Wind Speed Low Medium 

Proximity to airport: _ _______ (see attached map pinpointing approximate location offlight) 

Airport notified c:: Yes 0 No Date:, _____ _ _ Time: ______ _ 

Phone Number: Contact Name: 

Nearest major intersection:----------------- -------------

Proximity to medium traffic road:---- ------------------------

Proximity to heavily traveled roadway road :-------- ------------ - - -

Proximity to congested population:------ ------- ------ - -------

Approx. TakeoffTime 

Approx. Landing Time 

Estimated Elevation 

I Safety Concerns: 

Additional Comments: 

Unedited flight video/photos available for FAA upon written request within 180 days of flight: CJ Yes :::: No 

Robert Miller, RAM Pavement Services, Inc. Charlotte NC Page 1