Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 

91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 

CFR 91.409 (a)(l) and (2); 14 CFR 91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act'') and 14 CFR Part 11, M. 

Borden Miller, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs'') to allow commercial operation of its UAS, so 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. I am 

requesting this exemption for two DJI UAS's, the Phantom 3 Professional and the Inspire 1, to be used for my aerial 

photography business. I additionally request this exemption be granted for use anywhere within US airspace system and 

not confined to a limited geographic area of operation. 

Commercial operation of a UAS, as described herein, which are equipped with camera(s) and sensors, would operate in 

the following manner: 

• Aerial photography and/or video for public and/or private use induding real estate, architecture, land surveying, 

engineering and other related professional activities. 

• Aerial video and/or photography for public and/or private use including television, public events, cinematography and 

news gathering. 

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local government 

authority. 

• Aerial Inspection/photography of residential/commercial utility infrastructure induding but not limited to electrical power 

lines, wind turbines and cell towers. 

• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an 

emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 

• As a certified flight instructor with over 1100 hours of helicopter flight instruction given experience, I additionally 

request the ability to offer training to persons individually or belonging to both private and/or public organizations that 

have Interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of 

the National Airspace System (NAS) as well as for the protection of the persons and property. As described fully below, 

the requested exemption would permit the operation of a UAS under controlled conditions In the NAS that would be a) 

limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations In the 

industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities to " •.•. establish requirements for the safe operation 

of such aircraft systems in the national airspace system." 

The name and address of the applicant is: 

M. Borden Miller, (Melville Borden Miller) 

Certificate #2857992 Commercial Pilot Rotorcraft Helicopter - CFI Helicopter (Exp Feb 2016) - Private Airplane SEL 

FAA Part 135 Company Check Airman (Papillon Airway~ Inc.), Second Class Medical Date 5/4/2015 + 12,500 Hrs Total Flight 

time. OAS USDNUSDI Carded Helicopter Pilot with special use endorsements. 

Aerial Photography & VIdeo by Borden Miller 

320 S Piping Rock Dr 

Williams, AZ 86046 

bmiller464@aol.com 

928-606-6144 

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Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) (Commercial Pilct, CFJ -Requested for possible pilot training use) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

Aerial Photography & Video by M. Borden Miller, will be operating two DJI aircraft. The first is the DJI Phantom 3 

Professional, with a total weight of 1280g or 21bs 13 oz. The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 

16inch x 7 .Sinch. Under still air the maximum speed is no more than 16m/s or 35mph with a cruising speed of Um/s or 

25mph. The DJI Phantom 3 Professional has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 4480mAh 4s LiPo 

Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Phantom 3 Professional will 

be controlled with the C3 remote controller with an operating frequency of 2.400GHz- 2.483GHz. The live video feed will 

have an operating frequency of 2.4GHz ISM with maximum range of 1.2 miles. 

The second aircraft is the DJI Inspire. Both aircraft share the same general features (as listed below). 

The Inspire weighs 6.47 pounds and is slightly larger than the Phantom. Both aircraft share the same software and flight 

characteristics and have the same built in limitations. The applicant will operate the both UAS in line of sight. 

Dll Phantom 3 Professional a. Inspire 1 

GENERAL FEATURES 

• Ready to fly 

• 3-axis camera stabilization 

• Precision flight and stable hovering 

• GPS/GLONASS positioning & auto return home 

• Onscreen real-time flight parameters 

• High Definition 4k Camera 

• Camera tilt control 

• Film straight down 

• Supports Adobe DNG RAW 

• Adobe lens profile support 

• camera parameter settings 

·Album synchronization 

• FAA no-fly zones locked out via installed software 

Page 2 ofS 

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TRANSMITTER 

• Operating Frequency: 2.400 GHz - 2.483 GHz 

• Communication Distance(open area): CE: 2000m; FCC: 2000m 

• Receiver Sensitivity(1%PER): -101dBm +/- 2dBm 

• Transmitter Power: CE: 16dBm; FCC: 20dBm 

• Working Voltage: Phantom 1.2A@ 7.4V, Inspire 22.5V 

• Battery: Phantom 6000 mAh LiPo 2s, Inspire 5700 mAh LiPo 6S High voltage battery 

CAMERA 

• HD Recording: 4k p 24/25fps I 720p 60fps DJI VISION APP 

• System Requirement of Mobile Device: iOS version 6.0 or above/ Android system version 4.0 or above 

• Mobile Device Support: Recommended: iPhone4s, !Phones, iPhoneSs, !Pod Touch4, iPod TouchS; 

• Operating Environment Temperature: 0°C-40°C 

• Max Resolution: 4096 x 2162p@ 24/2Sfps 

• FOV: 94°/ 85° 

• Sensor size: 1/2.3" 

Given the small size of both UAS and the controlled environment provided the proposed operations will adhere to the 

Reform Act's safety requirements. The approval of this application presents no national security issues. Regarding the 

level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including 

but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly 

the applicant requests that the FAA grant the requested exemption with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the 

safety of the persons and/or property using conventional aircraft:. 

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations 

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

·The UAS will weigh less than 55 lbs. (DJI Phantom 3 Professional weighs 1280G or 21bs 13oz, Inspire weighs 6.47 

pounds) 

• Both UAS will have a maximum operating speed of no more than 3Smph. 

• Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 

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

reserve or 20 minutes of flight time whichever occurs first. 

• Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet 

above an elevated platform from which filming is planned. 

• Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but not limited 

to a Camera Operator utilizing a separate camera controller (Inspire 1). 

• M. Borden Miller is a FAA Commercial Rotorcraft: Helicopter pilot with current 2nd Class Medical dated 5/4/2015. 

• A briefing will be performed regarding the planned UAS operations prior to each day's flight consisting of all the days' 

filming or other activities. 

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

Page3of8 
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY (continued) 

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower 

controlled or uncontrolled airport. The DJI Phantom 3 Professional has built in software for all FAA regulated 'No Fly 

Zones' and was uploaded by DJI (February 2015) for all DJI drones to download and prevent any possible flights 

occurring within no-fly zones. Both the DJI Phantom 3 Professional & Inspire 1 has installed software (code) that denies 

flights within the FAA no-fly zones. 

· If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled 

or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information. 

·The operator will file FAA Fonn 7711-1, or its equivalent, as modified in light of the requested exemption, with the 

appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned 

operation. 

• The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet 

based upon an equivalent level of safety detennination, as required under the FOM. With the advanced permission of the 

FSDO, operations at doser range may be approved. 

• The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the particular UAS to 

be operated. Current Sectional Charts will also be available and reviewed prior to the start of filming or other operations. 

• The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

• Written and/or verbal pennission and permits will be obtained from territorial, state, county or dty jurisdictions, 

including law enforcement, fire or other appropriate governmental agencies. 

• If either (Phantom 3 or Inspire 1) UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a pre-determined location within a designated location and land autonomously. 

• Both UAS will have the capability to abort a flight in case of unpredlcted obstacles, weather, or emergencies. 

14 C.F.R. Part 21, SUbpart H: Airworthiness certificates 14 C.F.R. §91.203 {a) {1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to 

be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. (3 lbs or 7 lbs.) fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator 

and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of 

all operations. These safety enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates Issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security posed by both UAS, 

due to their size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

Page 4 of8 
14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

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. 

Even though either UAS will have no airworthiness certificate, an exemption will be needed as both UAS will have no 

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. 

Given the size of either UAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage 

in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having both UAS marked on its fuselage as required by §45.29 (f) where 

the pilot, observer and others working with the UAS will see the identification either of the UAS as "Experimental." 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Umitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire. M. Borden Miller is a Commercial Pilot Rotorcraft 

Helicopter and may therefore operate either UAS commercially. 

An equivalent level of safety can be achieved by current Regulations because the applicant's UAS do not carry any pilots 

or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe 

operation of the UAS. 

14 C.F.R. §91.7(a): Civil Airaaft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. 

Given the size of either aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of 

safety will be provided. 

14 C.F.R. § 91.9 (b) {2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or 

Rotorcraft Flight Manual is not required by §21.5 of this chapter, 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. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot 

flying the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions as stated in the manufacturer FOM in the pre-flight inspection section, including but not limited to reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. Laminated preflight checklists based on manufacturer's recommendations of either aircraft will be used. 

Page 5 of8 

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14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the aircraft. 

M. Borden Miller has been a current FAA certified flight instructor helicopter since 1983. We realize the FAA has not 

established any training criteria for UAS. Once the FAA establishes training guidelines for UAS, we request that 

consideration be given to granting our request to authorize him to train UAS pilots. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be 

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or 

altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption 

requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate 

at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point 

on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is 

operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance 

notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned 

flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS 

will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with 

Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is 

set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS 

may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent 

level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

Page 6 of8 

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14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) 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 of intended landing, and, assuming 

normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at 

least 45 minutes." 

The battery powering the UAS provides approximately a maximum of 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given 

the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, 

a longer time frame for flight in daylight or twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

UAS, in a tightly controlled area where only people and property owners or official representatives who have signed 

waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent 

level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power- whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited 

operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An 

appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or 

a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or 

place to carry certification and registration documents or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot 

flying the UAS will have immediate access to them; to the extent they are applicable to the UAS. 

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

These regulations require that an aircraft operator or owner "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 ... ," and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply 

to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small 

payload and operate only in restricted areas for a limited period of time. If mechanical issues arise either UAS can land 

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that either UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain each aircraft in an 

airworthy condition to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with 

the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order 

prior to initiating flight and perform required maintenance needed. 

Page 7 of8 
Additional Information 

The applicant, M. Borden Miller as a Commercial Pilot, has accumulated over 12,500 flight hours, over 11,000 in 

helicopters alone. He is a FAA Part 135 Company Check Airman (since 1996), possesses and maintains a current second 

class medical, and is a CFI Rotoroaft Helicopter. He has accumulated over 70 hours flying a variety of RC quad copters 

(including the Phantom 3 & Inspire 1), and has an in-depth understanding of the capabilities and safety concerns involved 

in using this technology as an asset to the community. Satisfaction of criteria provided in Section 333 of the Reform Act of 

2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial 

operation of both the applicant's UAS's. 

M. Borden Miller 

Aerial Photography & Video by Borden Miller 

320 S Piping Rock Dr. 

Williams, AZ 86046 

928-606-6144 

Page 8 of8 

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