Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform 

### Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14CFR45

.23(b); 14CFR 61.113(a)and (b); 14CFR 91.7(a); 14CFR91.9(b)(2); 14CFR91.103; 14 CFR 91.109; 14CFR91.119(c); 14 CFR 91.121; 14CFR91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14CFR91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14CFR 91.417(a) and (b) Dear S ir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the"Reform Act'') and 14 CFR Part 11, M

. Borden Miller, operator ofan Unmanned Aircraft System (UAS), hereby applies foran 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 bythe FAA as required by Section 333. I am requesting this exemption fortwo 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 ofoperation. Commercial operation ofa UAS, as 

### described herein, which are equipped with camera(s) and sensors, would operate in 

### the following manner: • Aerial photography and/orvideo 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 undercontractwith theowners 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 toassistwith search and rescue operations in cases ofan emergency or natural disaster only when the local authorities orgovernment has requested it by contract or donation.
• As acertified flight instructor with over 1100 hours ofhelicopterflight instruction given experience, I additionally request the ability to offertraining to persons individually or belonging 

### to both private and/or public organizations that have Interests in the use and application ofa UAS forthe purpose ofthe safe operation ofa UAS toenhance the safety of the National Airspace System (NAS) as well as forthe protection ofthe persons and property. As described fully below, the requested exemption would permittheoperation ofa UAS undercontrolled 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 ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"•.•.establish requirements forthe safe operation ofsuch aircraftsystems in the national airspace system." 

### The name and address of

### theapplicant is: M. Borden Miller, (Melville Borden Miller) Certificate #2857992 Commercial Pilot Rotorcraft Helicopter

- CFI Helicopter (ExpFeb2016)

- Private Airplane SEL 

### FAA Part 

### 135 Company CheckAirman (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 SPiping 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) (CommercialPilct, CFJ-Requestedforpossiblepilottraining 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 atotal weight of 1280g or 21bs 13 oz. The dimensions are 40.36cm 

### x40.36cm 

### x 19.05cm or 16inch 

### x 16inch x 7.Sinch. Under still airthe maximum speed is no more than 16m/s or 35mph with acruising speed of Um/sor 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 controllerwith an operating frequency of2.400GHz- 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 ofsight. 

## 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 tiltcontrol • Film straight down • Supports Adobe DNG RAW • Adobe lens profile support • camera parametersettings ·Album synchronization • FAA no-fly zones locked outvia installed software

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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 orabove/ Android system version 4.0 or above • Mobile Device Support: Recommended: iPhone4s, !Phones, iPhoneSs, !Pod Touch4, iPod TouchS; • Operating EnvironmentTemperature: 0°C-40°C • Max Resolution: 4096 x 2162p@ 24/2Sfps • FOV: 94°/ 85° • Sensor size: 1/2.3"

Given the small size ofboth UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe 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 ofsafety because operations will further enhance the safety ofthe 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 ofsight ofthe 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 offlight time whichever occurs first.
• Flights will be operated atan 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 ofthe 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 toeach day's flight consisting ofall the days' filming or other activities.
• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

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### AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY 

### (continued)
•The flights will occur no 

### closerthan a 5 mile radius of

### the geographic center/Airport Reference Point (ARP) ofatower 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 todownload 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.



### · Ifoperations will bewithin a 

### 5 mile radius ofthe geographiccenter/Airport Reference Point (ARP) ofatower controlled or uncontrolled airport 

### the respective airports will be contacted advising them of

### the estimated flighttime, flight duration, elevation offlight and other pertinent information. ·Theoperator will file FAA Fonn 7711-1, or its equivalent, as modified in light ofthe 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 ofall persons involved with the planned operation and ensure thatonly consenting persons will beallowed within 100 feet of

### theflight operation, and the radius may be reduced to30 feet based upon an equivalent level ofsafety detennination, as required underthe FOM. With the advanced permission ofthe FSDO, operations atdoser range may beapproved.
•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 priorto the startoffilming or other operations. •The PIC and VO will beable to communicate byvoice, radio, and/or text at all times. • Written and/or verbal pennission and permits will beobtained from territorial, state, county or dtyjurisdictions, including law enforcement, fire or otherappropriate governmental agencies

. • Ifeither (Phantom 3or 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 aflight in case ofunpredlcted obstacles, weather, or emergencies. 14C.F.R. Part21, SUbpart H:Airworthinesscertificates 14C.F.R. §91.203 {a) {1) Subpart 

### H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1)

. Given 

### the size and limited operating area associated with 

### theaircraftto be utilized by

### the Applicant, an exemption from Part 21 Subpart H 

### meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA

### to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. Inall cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate, inthe restricted environment and under

### theconditions 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 beoperated 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 othercivil aircraft, operations underthis exemption will betightly 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 ofsafety 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 ofthese same criteria demonstrates 

### thatthere is 

### no credible 

### threatto national security posed by 

### both UAS, due totheir size, speed ofoperation, location ofoperation, lackofexplosive materials orflammable liquid fuels, and inability to carry a substantial external load.

Page 4 of814C.F.R. § 45.23 (b). Marking oftheAircraft 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 orexperimental 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, thewords "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 ofeither 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 eitherofthe UAS as "Experimental." 14C.F.R. § 61.113 (a)and (b): Private Pilot Privilegesand Umitations: Pilot in Command. Pursuant to 14CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command ofan aircraftthat 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 ofsafety 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 14CFR 61. The operation and limitations 

### setforth in the FOM will equate to the safe operation ofthe UAS. 14C.F.R. §91.7(a): Civil AiraaftAirworthiness. The regulation requires that no person may operate a civil aircraft unless itis 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 ofeither aircraft for maintenance and use ofsafety check lists priortoeach flight an equivalent level of safety will be provided. 14C.F.R. § 91.9 (b) {2): Civil Aircraft Flight Manual in theAircraft. 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 ofthis chapter, unless there is available in the aircraft acurrent 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 aflight manual on the aircraft, not only because there is no piloton board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual atthe ground control point where the pilot flying the UAS will have immediate access to it. 14C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe 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 takeoffdistances and aircraft performance data before initiation of flight. Laminated preflight checklists based on manufacturer's recommendations ofeither aircraft will be used.

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----- • ···------ ------- - - - ------- -- --·- ------ -----14C.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, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions forflight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact that neithera pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. M. Borden Miller has been acurrent 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 requestthat consideration be given to granting our request to authorize him to train UAS pilots.

14C.F.R. §91.119: Minimum

### SafeAltitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicoptercomplies 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 upto400 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 neveroperate at higher than 400 AGL with the exception that in circumstances where the UAS is used tosurvey 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. Itwill 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 ofthe UAS as well as the location where itis operated. No flight will be taken without the permission of the property owneror local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared toflight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack offlammable 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 ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14C.F.R. §91.121 AltimeterSettings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set"

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." 

### As the UAS may not have a barometric altimeter, but instead aGPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant tothe safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.

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- --- -**~~---------**14C.F.R. § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly tothefirst point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly afterthat for at least 30 minutes; or (2) At night, tofly afterthat for at least 45 minutes." The battery powering the UAS provides approximately a maximum of25 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited toapproximately 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 atightly 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 engenderthe type of risks that Section 91.151(a) was intended 

### to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes thatan equivalent level ofsafety can be achieved by limiting flights to 20 minutes or 25% ofbattery 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. 14C.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 acivil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed 

### at the cabin or cockpit entrance 

### so that itis 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 todisplay them on the UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilot flying the UAS will have immediate access to them; to the extentthey are applicable to the UAS. 14C.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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...,"and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part

### 43 apply onlyto aircraftwith 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 ofsafety 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 oftime. 

### If mechanical issues arise either UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operator will ensure that either UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and 

### bestsuited to maintain each aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety 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 operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.

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### Additional Information The applicant, M

. Borden Miller as aCommercial 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 hoursflying a variety ofRC quad copters (including 

### the Phantom 3 & Inspire 1), and has an in-depth understanding ofthe capabilities and safety concerns involved in using this technology as an asset

### tothecommunity. Satisfaction ofcriteria provided in Section 333 ofthe Reform Act of 2012 provide more than adequatejustification forthe grant

### ofthe requested exemptions allowing the commercial operation of both the applicant's UAS's.

M. Borden Miller Aerial Photography & Video by Borden Miller 320 SPiping Rock Dr. Williams, AZ 86046 928-606-6144

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