Austin Miller 

317 County Road 725 E 

Montrose, IL 62445

aumille@siue.edu

217-663-6051

U.S. Department of Transportation

Docket Operations 

1200 New Jersey Ave., SE 

Washington, DC 20590

August 13, 2015

Submission of Request under Section 333 of the FAA Modernization and Reform Act and Exception 

under 14 CFR part 21.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, I Austin Miller request 

determination by the Secretary of Transportation giving me the right to conduct commercial UAS for the 

purposes of: photography, videography, precision agriculture, inspection of infrastructure, mapping and 

surveying. Following the grant of exemption, I plan to launch my business for providing software 

stitched images of agricultural landscape to only willing land owners. As well, I will provide images for 

businesses and private residents. I will be using the Solo which is manufactured by 3D Robotics (3DR). 

Usage is to be conducted within the limits outlined by the FAA under Section 333.

To affect the determination of the exemptions to Section 333(c), I have attached documents that exhibit 

how I will maintain a level of safety in accordance to those safety regulations already set in place. As 

well, there are exhibitions of public interest that are involved. In the occurrence that I am granted 

exemption, the public will gain in the aspects of knowledge on the safety of UAS, receive a service that is 

more affordable and safer than using a commercial helicopter or plane and receive less disruption in 

the air above. I will operate UAS that are under 10 pounds, carry no hazardous fuel, create little noise to 

no pollution, and are fitted with lights for visibility. As well, cost of operation is very little comparably to 

that of manned aircrafts. For these reasons, it is in the public interest that an exemption is granted 

under FMRA Section 333(c). In the following ways, the public interest will be benefitted:

 The number of injuries and causes of personal property destruction will decrease due to the use 

of unmanned, nonhazardous fueled UAS.

 The environmental damage caused by the exhaust of commercial airplanes and helicopters.

 The noise pollution caused by airplanes and helicopters will be reduced due to the low noise 

signature.

 Due to the low cost of operation, the service can be provided at a much more economic price. 

 The public will gain knowledge on the usage and safety of using UAS. 
Furthermore, I commit to adding commerce to small towns in the central Illinois region. I greatly 

appreciate your consideration and thank you for consideration in granting this exemption.

Austin Miller 

317 County Road 725 E 

Montrose, IL 62445

aumille@siue.edu

217-663-6051
Table of Contents

I. Regulations - Requested Exemptions

II. Commercial Operation

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Summary

VI. Appendix A - 3DR Solo Operating Documents

VII. Common Documents

I. Regulations - Exemption Requested

Pursuant to 14 C.F.R. and 11.81(e), I, Austin Miller seek exemption from the following regulations and 

provide proof in why the exemption should be approved on the basis of safety equivalent to that of 

which the rules require.

 14 C.F.R. Part 21 Subpart H - Airworthiness Certificates

o The procedural requirements for issuance of airworthiness certificates as required by 14 

C.F.R and 91.203(a)(1)

Since the 3DR Solo is of such small stature, exemption from Part 21 Subpart H meets criterion safety 

level for Part 11 and Section 333 of the FMRA. This is given the size, mass, capability, proximity to 

airports and largely populated areas of the Solo.

 14 C.F.R. 45.23(b) - Aircraft Marking and Identification Requirements

o When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," 

or "provisional," as applicable. 

My UAS is equipped with lights on all four arms coming from the body. Also, the registration number 

with be displayed clearly; therefore, complying with 45.29(f).

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

o (b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the 

aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. 

I plan to keep all manuals, registration and necessary paperwork in a binder that I will keep on hand at 

all times of operation. Thus, meeting levels of safety and precaution.
 14 C.F.R. 91.119(c) - Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes: (b) Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than 

congested areas. An altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered 

parachutes, and weight-shift-control aircraft. If the operation is conducted without 

hazard to persons or property on the surface— (1) A helicopter may be operated at less 

than the minimums prescribed in paragraph (b) or (c) of this section, provided each 

person operating the helicopte r complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA.

Operations will be kept below 400 ft. AGL. Given that the Solo has solely a 25 minute charge, it is crucial 

that the UAS stay within eye sight range and be kept at a reasonable altitude. The UAS also contains a 

safety feature that does not allow altitude greater than 400 ft. The Solo gives a visual distance and 

altitude, as well, a return to home feature that brings the UAS directly back to the user given GPS 

coordination. Thus, given the safety features set in place, the UAS meets safety criterion. 

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance Inspections

o 91.405(a) States: Each owner or operator of an aircraft—(a) Shall have that aircraft 

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

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

prescribed in part 43 of this chapter o 91.407(a)(1) States: (a) No person may operate 

any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless—(1) It has been approved for return to service by a person authorized 

under § 43.7 of this chapter 

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no person 

may operate an aircraft unless, within the preceding 12 calendar months, it has had—(2) 

An inspection for the issuance of an airworthiness certificate in accordance with part 21 

of this chapter. No inspection performed under paragraph (b) of this section may be 

substituted for any inspection required by this paragraph unless it is performed by a 

person authorized to perform annual inspections and is entered as an ‘‘annual’’ 

inspection in the required maintenance records. 

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 

91.413, each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section: (paragraphs 1 (i – iii), 2 (i – vi)); (b) The 

owner or operator shall retain the following records for the periods prescribed: 

(paragraphs 1 – 3)
An exemption is required because the 3DR Solo does not have an airworthiness certificate at this time. 

However, the utmost safety will be taken into concern before, during and after the flight. Before the 

flight, a check of systems and functionality will be done. During each flight, any hint of system 

malfunction will require a recheck of the UAS. Following each flight will require a check of the propellers 

and other external problems. I plan to keep a log of any malfunctions and causes of such events. Each 

check will comply to that of the safety required by this exemption.

II. Commercial Operator/Operations

I will be the sole operator of the 3DR Solo. I am a senior pursuing a degree in Mathematics and Statistics 

at Southern Illinois University Edwardsville with three months of experience flying UAS for recreation. 

Even though this is not an extended period of time, I have committed my own money and time into 

learning to fly my 3DR Solo UAS. I understand the capabilities as well as what the UAS is not capable of 

doing. 

My skills lie in the ability to comprehend technology due internship in the field. As well, I have strong 

situational awareness and am able to see risk factors and avoid them. I acknowledge that I am to follow 

the above exemption requirements with a strict persistence under the penalty of forfeit of exemptions 

(and) UAS.

IV Unmanned Aircraft System

I seek an exemption to operate the 3DR Solo UAS. The Solo is equipped with an autopilot system as well 

as ground control station software. The UAS will be flown using a combination between the RC 

controller and the use of a tablet with global positioning system. The solo is a quad-type UAS with four 

propellers placed in an X formation. The battery type is a 5200 mAh Lithium-polymer cell. This means 

that a max air time of 25 minutes is enforced. As well, given that the battery is below 15%, it will not 

take off. The altitude and distance from the user are displayed clearly on the controller. Also, the option 

to return the UAS to the user can be done at the push of a button. The same can be said about the 

ability of the UAS to not move from its current position. In the occurrence that the device loses contact 

with the user, it will return to the position that the controller was last known and hover until connection 

is gained. At this point, the user can slowly control the 3DR Solo to the ground in order to check the 

system. The system also contains a maximum altitude function such that the UAS will not be able to 

exceed. This will be set at 400 ft at all times. 

Since the aircraft will be operated within VLOS, it is my belief that operations will be conducted within 

the safety confinements of Section 91.121 and Section 91.151(b) given the safeguards set in place by 

3DR and myself.

Given the above information concerning safety hazards including size, weight, speed, operations and 

utilization, an exemption from 14 CFR part 21, subpart H (Airworthiness Certificates) is requested . I am 

seeking exemption from 45.23 such that the registration number will be in clearly visible lettering.
Given that safety inspections will be done regularly before and after flights in accordance with the 

exemption, I seek exemption from 91.405(a), 91.407(a)(1), 91.417(a)(b). As well, I request exemption 

from 91.7(a) preventing an aircraft that does not have an airworthiness certificate. Also, 91.9(b) that 

requires an approved flight manual in the aircraft considering the size and load capability of the UAS. 

IV. Public Interest

Growing up in a rural area, I understand the standards of innovation that were necessary in order to 

grow a farm just like a business. It is necessary to stay several steps ahead of those people in which one 

is competing with for business. Thus, granting an exemption in my favor will provide a service to the 

local farmers such that they can see the well-being of their investments. As well, this creates a learning 

environment for the community such that they can see how UAS are operated and the level of safety 

that is required in order to operate such devices. Additionally, I will be providing a service that is more 

affordable than helicopters/airplanes, so a wider range of the community can afford the service of aerial 

photography and videography. Granting my exemption would benefit the public greatly in terms of 

education, crop production, as well as saving money. 

V. Summary

Pursuant to Section 333 of PL 112-95, Austin A. Miller, apply for authority to conduct commercial use of 

UAS in the activities of aerial photography, videography, precision agriculture, inspection of 

infrastructure, mapping and surveying.

Exemptions:

 14 C.F.R. Part 21 Subpart H - Airworthiness Certificates

 14 C.F.R. 45.23(b) - Aircraft Marking and Identification Requirements

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

 14 C.F.R. 91.119(c) - Minimum Safe Altitudes

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance Inspections

During this process, I have exemplified my research as well as my commitment to this exemption. As 

well, I have shown my range of knowledge on the subject and how this exemption will be in the public 

interest.