Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 1 of 13

February 22, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation

Regulations

Dear Sir or Madam:

Harrison Russell Enterprises, Inc. is submitting this Petition for Section 333 Exemption under Section 333 of the

FAA Modernization and Reform Act of 2012 (“FMRA”).

Applicant Information:

The name of the applicant: Harrison Russell Enterprises, Inc.

The primary contact for this application is:

Carolyn Russell

Harrison Russell Enterprises, Inc.

PO Box 4460

St. Augustine, FL 32085

Harrison Russell Enterprises, Inc. is a corporation formed under the State laws of Florida on January 1, 2015 and

Carolyn Russell is the President of Harrison Russell Enterprises, Inc.

Pursuant to Section 333 of the FMRA, Harrison Russell Enterprises, Inc. hereby requests a determination by the

Secretary of Transportation authorizing commercial operations of UAS for the purposes of commercial aerial

photography & videography as a service to public and business interests including: mapping, agricultural crop

surveillance, aquaculture farm management, surveillance and inspections, aerial inspections, data collection,

augmented real estate listings, commercial videos, real‐estate photography and videography, wedding and private

individual photography and videography, public and commercial photography and videography, and

aquaculture/agricultural photography and videography and other work related to aerial photography in the NAS.

The applications for this UAS device would consist of still photographs and/or video taken by an onboard camera

and associated data processing functions. Harrison Russell Enterprises, Inc. also requests permission to maintain a

drone flight school and education program, as well as provide repair and maintenance services. Harrison Russell

Enterprises, Inc. does not intend to use for closed set filming. Flight operations will utilize the off the shelf DJI,

family of unmanned aircraft. Conduct of UA operations will be with respect to FMRA Section 333(c) and the UAS

“Blanket COA”.  

Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. The attached

documentation includes detailed exemption requests that demonstrate how these exemptions are in the public

interest and will maintain at least an equal level of safety to existing regulations. Authorizing Harrison Russell

Enterprises, Inc. to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective

solutions than manned aviation equivalents due to the low altitude environment, given the size, speed and

inherent risk of traditional commercial helicopter operations. These commercial operations often occur in the

unsafe areas of the height‐velocity diagram requiring special precision and skill. Harrison Russell Enterprises, Inc.

will conduct the commercial UAS operation in a manner that will meet, and in many cases exceed, the current level

of safety of commercial helicopter operations. UA that are under 10 lbs., have a low noise signature, and carry no

volatile fuel, will limit collateral damage in the event of catastrophic failure. The low expense of operation

compared to cost prohibitive manned aviation alternatives allow a greater economic benefit to businesses. For
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 2 of 13

these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used for

these commercial purposes benefit the public interest in the following ways:

 Reduces the collateral damage risks to life and property associated with low altitude

 helicopter operations in undesirable portions of the height‐velocity envelope.

 Increased economic wellbeing to local businesses via cost reductions.

 Enabling aerial business solutions to be available to a larger market.

Request:

In order to provide safe and environmentally‐friendly aerial videography and photography for and public business

interests, Harrison Russell Enterprises, Inc., pursuant to Section 333 of the FAA Modernization and Reform Act

of2012 ("FRMA"), would like to formally

submit for exemptions from the following Section 333 regulations:

 14 C.F.R. Part 21

 14 C.F.R. 45.23(b)

 14 C.F.R. 61.113(a) and (b)

 14 C.F.R. 91.7(a)

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 91.119(c),

 14 C.F.R. 91.121,

 14 C.F.R. 91.151(a)(l),

 14 C.P.R. 91.203(a) and (b),

 14 C.F.R. 91.405(a),

 14 C.F.R. 91.407(a)(l),

 14 C.F.R. 91.409(a)(l) and (2),

 14 C.P.R. 91.417(a) and (b)

Harrison Russell Enterprises is requesting these exemptions so that the pilot in charge (hereinafter referred to as

the PIC) may safely operate the DJI Phantom 3 and Inspire UAS commercially along the guidelines of the

accompanying operator's manual as well as FAA guidelines for UAS flight and safety guidelines set by the Academy

of Model Aeronautics (AMA).

Proposed UAS and Operations

The DJI Phantom 3 and Inspire weigh less than five pounds, will always be flown under 400 feet limited via

software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries no combustible

fuel or crew, and will be transported in proper storage to and from all flight areas (in accordance with FAA

guidelines). The aforementioned proposed exemptions would allow Harrison Russell Enterprises, Inc. to operate

the DJI Phantom 3 and Inspire UAS for business interests including: mapping, agricultural crop surveillance,

aquaculture farming surveillance and inspections, aerial inspections, data collection, augmented real estate

listings, commercial videos, real‐estate photography and videography, wedding and private individual photography

and videography, public and commercial photography and videography, and aquaculture/agricultural photography

and videography and other work related to aerial photography in the NAS. The applications for this UAS device

would consist of still photographs and/or video taken by an onboard camera and associated data processing

functions. Harrison Russell Enterprises, Inc. also requests permission to maintain a drone flight school and

education program, as well as provide repair and maintenance services

As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved similar use of the DJI

Phantom 3 and Inspire UAS. These particular UAS have been proven reliable and safe flying machines managed by

gyroscopically‐stabilized flight, ground detection, GPS‐aided navigation, a built‐in compass, blinking LED lights, a

manual and automatic failsafe "Return to Home" mode for returning to the point of takeoff, and propeller guards

in order to protect both the U AS and the environment. This particular model combines state‐of‐the‐art, proven
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 3 of 13

technology with high quality manufacturing and user‐friendly control to ensure safe operation and easy

maintenance and care.

Specific Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), Harrison Russell Enterprises, Inc. requests exemption from the following

regulations:

14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness certificates as required by

14 C.F.R. § 91.203(a)(1)

Given the size and limited operating area associated with the UAS to be utilized, an exemption from Part 21 meets

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. As evidenced in

Exemption No. 12045, "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 conventional aircraft operating with an airworthiness certificate without restrictions and conditions

proposed."

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.

Harrison Russell Enterprises, Inc. will ensure compliance with § 45.29(f) to meet the intent of the regulation by

displaying the registration number in the largest practicable lettering on the external hull of the UAS indicating

ownership by Harrison Russell Enterprises, Inc., address and contact cell phone number.

14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, Private and

Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who

holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property

for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b)

A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any

business or employment

o 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a commercial pilot certificate may

act as pilot in command of an aircraft – (ii) For compensation or hire, provided the person is qualified in

accordance with this part and with the applicable parts of this chapter that apply to the operation.

o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may

not act as pilot in command of an aircraft:

 For compensation or hire;

 In furtherance of a business;

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. However, Harrison

Russell Enterprises, Inc., is able to achieve an equivalent level of safety through current FAA regulations of UAS

operation and AMA safety guidelines (outlined in the summary of this document) without such a certification
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 4 of 13

because of the above mentioned safety features of the DJI Phantom 3. According to Exemption No. 12045 in which

the DJI Phantom 3 was authorized for similar operation, "The FAA has previously declared that additional manned

airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for

similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062

and 11138." Therefore, bearing any pilot certification or license will not ensure remote piloting skills of a UAS; the

risks of operating this UAS are far less than the risk levels inherent in commercial activities with traditional aircraft

given the DJI Phantom's safety features and the limited range and speed of the UAS. The FAA has approved a

similar exemption to the above rule as evidenced in Exemption No. 12058.

14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition.

The PIC will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s)

and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immediately upon

identification of an in‐flight emergency or other unsafe condition.  

By complying with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.

Currently there is no certificate applicable to this UAS, and therefore it will be up to the PIC representing Harrison

Russell Enterprises, Inc., to determine the airworthiness of the DJI Phantom 3 and Inspire in accordance with the

official operating manuals. Written and signed pre and post‐flight inspections of the propellers, motors, frame,

landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured GPS

locks as indicated by the DJI Phantom's display of "Safe to Fly" message will be performed before and after each

flight, accurate records of which will be kept with the UAS's storage and transportation system at all times. These

records will be dated and will include the total flight time of each flight.

The UAS will be operated under normal conditions at a speed of no more than 30 knots and has the capability to

over, and move in the vertical and horizontal plane simultaneously. It will operate only in the line of sight (LOS) of

the PIC and will operate only in within the project area. Such operations will insure that the UAS will not create a

hazard to the users of the NAS or the public.

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.

By keeping all operating documents, manuals, authorizations and exemptions in a binder co‐located with the GCS,

Harrison Russell Enterprises, Inc. meet the intent of the regulations and therefore achieve an equivalent level of

safety. As evidenced in Exemption 12045, since there are "no pilots or passengers on board this aircraft, and given

its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight

manual with the operator." In addition to the official safety/flight manual provided by DJI upon purchase of the

Phantom 3, following the AMA guidelines for safe flight operations and the FAA regulations for UAS operations will

ensure a high level of safety.

14 C.F.R. 91.109(a) – Flight Instruction

o 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.

The majority of UAS by design are developed with single operational control through the use of pre‐determined

GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held transmitter

or control station controlled by the PIC. The design does not allow for dual controls during flight training and

therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 5 of 13

of safety will be achieved by conducting all training in sterile environments. Training sessions will be accomplished

separately from flights conducted for compensation or hire.

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 helicopter

complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

Commercial UAS operations will be conducted at or below the maximum altitude authorized by COA. Given the

size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted

with a greater level of safety than exists with current manned aviation operations.  Harrison Russell Emprises Inc.,

PIC will ensure that the UAS does not operate any higher than 400 feet at ground level by setting the maximum

altitude at 400 feet in DJI's pilot application and ensuring this is set before each flight as part of the pre‐flight

inspection. The PIC will not fly over congested areas or directly above unprotected people or moving vehicles. The

PIC will plan operations before hand for proper flight safety and proper height analysis as to avoid collisions. The

GPS and barometric sensors equipped on the DJI Phantom 3 and Inspire will ensure accurate altitude readings, the

output of which will be fed to a tablet or smart phone device in real time as the PIC operates the UAS.

14 C.F.R. 91.121 – Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may

be, by reference to an altimeter that is set, when operating...SUAS are equipped with Global Positioning System

(GPS), which provide altitude and geolocation data to the operator without utilizing an altimeter. Due to this fact,

an exemption is required. GPS are precise within a few feet and combined with fail‐safes and a visual observer the

operation will meet an equivalent level of safety. The DJI Phantom 3 and Inspire each utilize the latest

GPS/GLONASS technologies as well as a barometric sensor with live data output to the tablet device attached to

the transmitter. An equivalent level of safety and accurate altimeter telemetry will be achieved by using this.

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

o No person may begin 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;

This regulation is written based on the capabilities of a traditional aircraft, that are typically powered by liquid fuel

sources, and which have flight times of several hours or greater; therefore, with the majority of UAS which have

flight times of only an hour or less, this regulation would effectively deny the ability of the air vehicle to operate.

The DJI Phantom 3 and Inspire are electrically‐powered by lithium ion batteries which are made by DJI specifically

for this particular UAS. They are rated as providing no longer than 25 minutes of flight time. Therefore, due to the

limitations of the batteries, it is currently impossible to comply with part 91.151.

The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines and the DJI low

battery failsafe system.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required

Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. Harrison Russell

Enterprises, Inc., however will always fly safely while having the manuals of the DJI Phantom 3 and Inspire and

abiding by FAA regulations for UAS operation and AMA safety guidelines.
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 6 of 13

14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and

Use.

o All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the

airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an

operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A

interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the

code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions

specified in TSO C‐112, and that aircraft is equipped with automatic pressure altitude reporting equipment having

a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude

information in 100‐foot increments. This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from

the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an

engine‐driven electrical system or which has not subsequently been certified with such a system installed, balloon

or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section

1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or

10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area

designated for an airport upward to 10,000 feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an engine‐driven electrical system or

which has not subsequently been certified with such a system installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL,

excluding the airspace at and below 2,500 feet above the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10‐nautical‐mile radius of any airport

listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral

boundaries of the surface area of the airspace designated for that airport.

The UAS to be used in the proposed operation does not come equipped with a transponder. No transponder exists

for the UAS, which can be installed. The petitioner requests relief from the exemption to the extent required to

operate in areas in which a transponder is required according the applicable regulations in this part.

The PIC will achieve an equivalent level of safety by complying with all provisions of the COA under which

operations are to be conducted. By issuing appropriate NOTAMS and prior ATO coordination, an equivalent level of

safety can be achieved as other manned aircraft, which receive authorization to fly in airspace where a

transponder is required but not operable. In order to give proper notice to the ATO, the PIC will comply with the

provisions of 91.215(d)(3). The UAS flown under this exemption will comply with all altitude limits and airport

standoff distances required by COA, which mitigate hazards to aircraft controlled by the ATO in congested

airspace.
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 7 of 13

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)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s guidance

as stated in the operations manual. If maintenance is required, the PIC will conduct a dedicated test flight will be

conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations

will be documented and maintained in a record. These actions will meet the intent of the regulations from which

exemption is being requested and lead to an equivalent level of safety. Maintenance inspections may be required

and should be granted since they apply to aircraft with an airworthiness certificate. However, Harrison Russell

Enterprises, Inc., will perform both preflight and post‐flight inspections of the UAS before and after each flight as

outlined in the operating documents. Harrison Russell Enterprises, Inc., will also follow manufacturer

recommendations from said operating documents and keep a written record of any maintenance done to the UAS.

II. Commercial Operator/Operation

Any UA flown under this exemption will be controlled by a designate PIC. For each flight, Harrison Russell

Enterprises, Inc.:

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer property or

authorized access areas.

 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will operate in those areas only with the consent of the landowner or designated

 representative.

 Will identify potential obstructions or other hazards to safe operation.

 Will clear the area of personnel or bystanders that are non‐essential to the operation, maintaining at a

minimum, 500 feet away from non‐participating persons.

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating

 persons.

 Will at all times yield to manned air traffic.

 Will operate within VLOS of both PIC and VO during daylight hours only.

 Will maintain voice communications with VO and participating persons.
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 8 of 13

 Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the

flight is conducted.

 Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined

by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a binder collocated with the

GCS.

 Will immediately terminate flight, in the safest manner possible, when safety to persons or property

become compromised.

 Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any

other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is needed from

Section 91.119 (c). By following these operating standards, the commercial operation will meet an equivalent level

of safety to the regulation in which relief is sought.

These limitations and conditions to which Harrison Russell Enterprises, Inc., agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maxim um total flight time for each operational flight will be 20 minutes. Flights will

be terminated at 25% battery power reserve should that occur prior to the 20‐minute

limit.

4. Flights will be operated at an altitude of no more than 400 feetAGL.

5. Minimum crew for each operation will consist of the UAS Pilot and a Visual Observer.

6. UAS Pilot will be a skilled UAS operator experienced in the type of UAS flown.

7. UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the UAS

Pilot, who possess the necessary PIC qualifications, is also present that person can also

be designated as PIC.

8. The UAS will only operate within a confined Project Area.

9. A briefing will be cond ucted in regard to the planned UAS operations prior to aerial

activities. All personnel who will be performing duties within the boundaries of the SAFETY

perimeter will be made aware of the UAS flight(s).

10. The operator will obtain the consent of all persons involved in the project and ensure

that only consenting persons will be allowed within 100 feet of the flight operation.

11. Pilot and observer will have been trained in operation of UAS generally and received up‐

to‐date information on the particular UAS to be operated.

12. Observer and pilot will at all times be able to communicate by voice and/or visuals.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. All required permissions and permits to be obtained from territorial, state, county

or city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

15. Ifthe UAS loses communications or loses its GPS signal, the UAS will have capability to

return to a pre‐determined location within the Security Perimeter and land.

16. The UAS will have the capability to abort a flight in case of u npredicted obstacles or

emergencies

III. Unmanned Aircraft System

Harrison Russell Enterprises, Inc. seeks exemption to operate DJI UAS. Other UAS types may be requested in future

amendments. The DJI Phantom 3 Standard and Professional and the Inspire 1 Pro are the primary aircrafts in our
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 9 of 13

operation for which we seek exemption. The UA will be flown via a combination of RC control and tablet GCS. This

UA type is a GPS equipped, multirotor helicopter. A quad‐copter type rotorcraft utilizing four motors. Lithium‐

polymer batteries power the UA.

The UA also has several fail‐safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective

Operation Manuals. The UA display visual and emit an audible low battery alerts at which time the UA will

automatically engage the landing sequence. Based upon those safeguards, Harrison Russell Enterprises, Inc.,

requests exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions.  

Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption

from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §91.203 (a) and (b) is requested. Exemption is

sought from § 45.23 Marking of the aircraft. The UA will display the registration number in the largest practicable

lettering. Harrison Russell Enterprises, Inc. seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and

91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent

judgment as previously outlined to determine the integrity and safety of the UA and associated equipment.

Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an airworthiness

certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an

airworthiness certificate therefore; this would be inappropriate. The UAS are too small to carry the operating

documents so an equivalent amount of safety can be achieved through keeping the operating documents and

manuals at the GCS.

IV. UAS Pilot in Command (PIC)

Under part § 61, recreational, sport and private pilots are limited to non‐commercial operations, however Harrison

Russell Enterprises, Inc. can ensure UA operations will achieve an equivalent level of safety as current regulation

because UA do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC piloting ability,

as the psychomotor skills are different. The inherent risks of operating a UAS are far less than in the commercial

activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot

Privileges and Limitations. PICs will maintain recent flight experience on the UAS. Training and experience flights

will be conducted separate from commercial operations.  

V. Public Interest

Given the above stated evidence, procedures, and precautions operating UAS commercially for the proposed

exemptions would allow Harrison Russell Enterprises, Inc. to operate the DJI Phantom 3 and Inspire 1 UAS for

business interests including: mapping, agricultural crop surveillance, aquaculture farming surveillance and

inspections, aerial inspections, data collection, augmented real estate listings, commercial videos, real‐estate

photography and videography, wedding and private individual photography and videography, public and

commercial photography and videography, and aquaculture/agricultural photography and videography and other

work related to aerial photography in the NAS will ultimately be in the public interest. Harrison Russell Enterprises,

Inc. also requests permission to maintain a drone flight school and education program, as well as provide repair

and maintenance services.

Aerial photography and videography provided to the public allows for a more cost‐effective, safe, and

environmentally‐friendly method to capturing imagery than its alternative: manned aircraft and helicopters. The

latter are expensive to operate and maintain, create a high level of noise, and are much more hazardous due to

size and combustible fuel ‐ especially if flown at low altitudes required for some operations. Harrison Russell

Enterprises, Inc., in addition to using my UAS for commercial endeavors, will also gladly offer services free of

charge upon request and with proper coordination to any official search and rescue or emergency services

organization to benefit the public. Because of this, an increase of commercial activity and a gaining of more

detailed understanding of private and/or farm land would help local and area communities by: reducing pollution,

risk, and operating costs by alternative aerial video and photography services such as manned airplanes and

helicopters, reducing carbon emissions and traffic congestion by vehicles looking to view properties such as real‐

estate or farm land, and increase visibility to local attractions thereby bolstering local commerce and tourism.  
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 10 of 13

Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and has propeller guards, as

well as having a low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate

danger to the environment, wildlife, infrastructure or people. DJI has built in a "No Fly Zone" for major cities and

points of interest that have registered as a "do not fly zone." Operation of the Phantom 3 and Inspire cannot

happen in these locations, as any flight capabilities becomes blocked by the UAS itself if within range and the

operator is notified. Given its GPS and ground‐sensing capabilities, a failsafe "Return to Home" mode will safely

return the craft to the operator at the push of a single button or automatically when the craft is either low on

power or operating outside of its transmitter's range. This ensures that the aircraft will not remain airborne in

unsafe conditions and pose any public danger.

These operations, when executed with prudence, will exceed the current level of safety as the regulations from

which exemption is sought. UA operations will allow greater access to commercial aerial services that were not

previously economically feasible for many firms. This will provide a much needed economic uplift to the

community and hence the public. UA operations are associated with less risk of collateral damage to persons and

property while limiting disruptive noise pollution associated with low altitude aviation operations.

VI. Summary

Pursuant to Section 333 of PL 112‐95 commonly known as the “FAA Modernization and Reform Act of 2012”,

Harrison Russell Enterprises, Inc., hereby applies for authorization to conduct commercial unmanned aerial

systems (UAS) operations for the purposes proposed exemptions would allow Harrison Russell Enterprises, Inc. to

operate the DJI Phantom 3 Standard and Professional and Inspire 1Pro UASs for business interests including:

mapping, agricultural crop surveillance, aquaculture farming surveillance and inspections, aerial inspections, data

collection, augmented real estate listings, commercial videos, real‐estate photography and videography, wedding

and private individual photography and videography, public and commercial photography and videography, and

aquaculture/agricultural photography and videography and other work related to aerial photography in the NAS

will ultimately be in the public interest. Harrison Russell Enterprises, Inc. also requests permission to maintain a

drone flight school and education program, as well as provide repair and maintenance services and other work

related to aerial photography listings Rules for which exemption is sought:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)

 14 C.F.R. § 91.215(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. § 91.417(a) & (b)

The FAA has authorized similar operations under Exemption Nos.12045 and 12053. Alternatively, public and

commercial interests had previously sought the use of manned aircraft to achieve what Harrison Russell

Enterprises, Inc., can offer in a safer, more cost‐efficient and environmentally‐friendly manner by not using

combustible fuel, flying at safe heights and strictly following the usage recommendations from DJI and safety

procedures by the Academy of Model Aeronautics. These include but are not limited to:  

 Flying the DJI Phantom 3 and Inspire safely in accordance with its operator's manual
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 11 of 13

 Maintaining active and full membership in the Academy of Model Aeronautics (AMA), which provides' a

high level of insurance and training programs to its members.

 Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensure this.

 Completing thorough inspection of UAS before and after flights and keeping inspection records with the

craft at all times

 Keeping the UAS in visual sight at all times when in operation

 Using an observer to assist if needed

 Remaining safely clear of and do not interfere with manned aircraft operations

 Not flying directly over unprotected persons or moving vehicles

 Not flying within 5 miles of an airport or control tower

 Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

 Not flying under the influence of alcohol or drugs

 Ensuring the operating environment is safe

 Not flying over sensitive infrastructure or property such as power stations, water treatment facilities,

correctional facilities, etc.

 Checking and following all local laws and ordinances before flying over private property

 Not conducting surveillance or photographing persons in areas where there is an expectation of privacy

without the individual's permission

In addition to these above general standards, Harrison Russell Enterprises, Inc., will follow and abide by the

following AMA safety guidelines:

A [DEFINITION]: A "model aircraft" is a non‐human‐carrying aircraft capable of sustained flight in the

atmosphere. [This includes UAS such as the DJl Phantom 3].

1. Model aircraft will not be flown:

a. In a careless or reckless manner.

b. At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will:

a. Yield the right of way to all human‐carrying aircraft.

c. See and avoid all aircraft and a spotter must be used when appropriate. AMA

Document #540‐D.)

d. Not fly higher than approximately 400 feet above ground level or within five

miles of an airport.

e. Not interfere with operations and traffic patterns at any airport, heliport or

seaplane base.

f. Not exceed a take‐off weight, including fuel, of 55 pounds. (AMA Document 520‐

A.)

g. Ensure the aircraft is identified with the name and address or AMA number of

h. the owner on the inside or affixed to the outside of the model aircraft.

i. Not operate aircraft with metal‐blade propellers or with gaseous boosts (AMA

j. Document #555.)

k. Not operate model aircraft while under the influence of alcohol or while using

l. any drug that could adversely affect the pilot's ability to safely control the

m. model.

n. Not operate model aircraft carrying pyrotechnic devices that explode or bum,

o. or any device which propels a projectile or drops any object that creates a

p. hazard to persons or property.

q. Not operate a turbine‐powered aircraft, unless in compliance with the AMA

r. turbine regulations. (AMA Document #510‐A.)
Harrison Russell Enterprises, Inc

Section 333 Petition

Harrison Russell Enterprises, Section 333 Petition

Page 12 of 13

3. Model aircraft will not be flown in AMA sanctioned events; air shows or model demonstrations

unless:

a. The aircraft, control system and pilot skills have successfully demonstrated all

maneuvers intended or anticipated prior to the specific event.

b. An inexperienced pilot is assisted by an experienced pilot.

c. When and where required by rule, helmets must be properly worn and fastened.

They must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with

comparable standards.

B RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and

shall avoid endangerment of life and property of others.

2. A successful radio equipment ground‐range check in accordance with manufacturer's

recommendations will be completed before the first flight of a new or repaired model aircraft.

3. At all flying sites a safety line(s) must be established in front of which all flying takes place.

(AMA Document #706.)

a. Only personnel associated with flying the model aircraft are allowed at or in front of

the safety line.

b. At air shows or demonstrations, a straight safety line must be established.

c. An area away from the safety line must be maintained for spectators.

d. Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio‐control frequencies currently allowed by the Federal

Communications Commission (FCC).

5. RC model aircraft will not knowingly operate within three (3) miles of any pre‐existing flying

site without a frequency‐management agreement. (AMA Documents #922 and #923.)

6. With the exception of events flown under official AMA Competition Regulations, excluding

takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any

individual, except for the pilot and the pilot's helper(s) located at the flight line.

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight

while it is still under power, except to divert it from striking an individual.

8. The pilot of an RC model aircraft shall:

a. Maintain control during the entire flight, maintaining visual contact without

enhancement other than by corrective lenses prescribed for the pilot.

b. Fly using the assistance of autopilot or stabilization system only in accordance with

the procedures outlined in AMA Document #560.

C FREE FLIGHT

1. Must be at least 100 feet downwind of spectators and automobile parking when the model

aircraft is launched.

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers.

3. An effective device will be used to extinguish any [fire] on the model aircraft.  

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown

closer than 50 feet to any above‐ground electric utility lines.

5. The flying area must be clear of all nonessential participants and spectators before the engine

is started.

********************************************************************************************

Pursuant to 14 C.F.R. Part 11, [rule making] the following summary is provided for publication in the Federal

Register, should it be determined that publication is needed:

Harrison Russell Enterprises, Inc.  seeks an exemption from the following rules: 14 C.F.R. 21, subpart H;

[airworthiness certificates] 14 C.F.R. 45.23 (b); 14 C.F.R. 61.113 (a) & (b); 91.7 (a);