John S. Duncan
Director, Flight Standards Service
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
January 23, 2015
U. S. Department of Transportation
Docket Management System
1200 New Jersey Ave, SE
Washington, DC 20590


Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from
14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109;
119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

Justin Harvey hereby petitions the Secretary of Transportation and Federal
Aviation Administration for exemption to the above referenced and below more fully
described Federal Aviation Regulations (“FARs”), that currently may or may not apply
to the recreational/business operations of model aircraft including small unmanned
aerial systems (“UASs).
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the
procedures contained within 14 C.F.R. 11, Petition that I, Justin Harvey, an
owner and operator of small unmanned aircraft, be exempted from the Federal
Aviation Regulations (“FARs”) listed below so that I, Justin Harvey, may operate
my small ultra lightweight unmanned aircraft system (“UAS”) commercially in airspace
regulated by the Federal Aviation Administration (“FAA”).
As described herein I, Justin Harvey, am a licensed Private Pilot (Certificate #
3197378) with current Third Class Medical Certificate; experienced in flying hobby
helicopters and fixed wing aircraft for recreational purposes. I have added a hobby
grade DJI Phantom 3 quadcopter UAS to my inventory with intent to conduct aerial
1
photography/Inspection/ included but not limited to the following; Business Operations:
over land, waterways, and oceans; operation over/in non­restricted National Parks,
National Forests, flight in non­navigable airspace, using non­intrusive recording
devices, operation in otherwise unrestricted U.S. States/Territories for aerial
videography/cinematography for commercial operation and to enhance academic
community awareness for those individuals and companies unfamiliar with the
geographical layout of such areas.
As described more fully below, the requested exemption would permit the operation of
UAS under controlled conditions in airspace that is 1) limited; 2) predetermined in
1 Serial Number ­ W13DCA13020568
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
areas away from general public, airports, heliports and vehicular traffic for community
videos, and within property boundaries for individual homeowner real estate listing
videos/photos; and 3) controlled as to access. The exemption would also provide
safety enhancements to the already safe operations within the aerial photography, film
and television industry presently using conventional aircraft and small, unmanned and
relatively inexpensive UASs.
Currently, similar lightweight, remote controlled UAS's are legally operated by
unmonitored amateur hobbyists with no safety plan or controls in place to prevent
catastrophe. I operate my UAS within all safety protocols and controls to avoid and
2
prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to
further safety protocols exclusive
to lightweight UAS's specific to aerial video and photography usage as I record flight
data and other information gained through permitted flight operations to share with the
FAA through any required FAA reports to assist with future protocol and safety
regulation.
Granting my request comports with the Secretary of Transportation’s (FAA
Administrator’s) responsibilities and authority to not only integrate UAS's into the
national airspace system, but to “...establish requirements for the safe operation of
such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of
the Reform Act specific to the use of UAS's for commercial purposes. Further I will
conduct my operations in compliance with the protocols described herein or as
otherwise established by the FAA.
For the reasons stated below I respectfully request the grant of an exemption allowing
me to operate ultra lightweight, remote controlled UAS’s for academic community
awareness, benefit/stimulate tourism within Florida, general aerial photography, and to
enhance real estate listing videos for homeowners who cannot afford expensive
manned aircraft for the same purpose, all of which will promote local economic growth
through increased employment and increased tax base. Both with public safety in mind
by keeping heavier manned aircraft containing combustible fuel that that poses
potential public hazard.


I. Contact Information:
Justin Harvey
4731 N Lindhurst
Dallas, Tx 75229
Mobile: (469) 3870163
Email: lionslax94@gmail.com
II. The Specific Sections of Title 14 of the Code of Federal Regulations From
Which Justin Harvey Requests Exemption are:
2Safety Protocols & Controls ­ Inspire One User Manual in addition to Minimum VFR regulations
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
14 CFR 21;
14 C.F.R. 45.23(b);
14 CFR 61.113 (a) & (b);
14 C.F.R. 91.7 (a);
14 C.F.R. 91.9 (b) (2);
14 C.F.R. 91.103;
14 C.F.R. 91.109;
14 C.F.R. 91.119;
14 C.F.R. 91.121;
14 C.F.R. 91.151 (a);
14 C.F.R. 91.203 (a) & (b);
14 C.F.R. 91.405 (a);
14 CFR 407 (a) (1);
14 CFR 409 (a) (2); and,
14 CFR 417 (a) & (b).


III. The Extent of relief Justin Harvey seeks and the Reason He Seeks
Such Relief:
I, Justin Harvey, submit this application in accordance with the Reform
Act, 112 P.L. 95 §§ 331­334, seeking relief from any currently applicable FARs
operating to prevent me, Justin Harvey, contemplated commercial
cinematic, academic and other flight operations within the national airspace
system. The Reform Act in Section 332 provides for such integration of civil
unmanned aircraft systems into our national airspace system as it is in the
public’s interest to do so. My ultra light weight UAS meets the definition of “small
unmanned aircraft” as defined in Section 331 and therefore the integration of my
ultra light weight UAS is expressly contemplated by the Reform Act. I would like
to operate my ultra lightweight UAS prior to the time period by which the Reform
Act requires the FAA to promulgate rules governing such craft. Thereby,
providing direct experience and valuable information for formal regulation that
can be administered uniformly to all UAS aerial video and photography. The
Reform Act guides the Secretary in determining the types of UASs that may
operate safely in our national airspace system. Considerations include: The
weight, size, speed and overall capabilities of the UAS's; Whether the UAS will
be operated near airports or heavily populated areas; and, Whether the UAS will
be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in
favor of an exemption for me, Justin Harvey. My UAS utilizes four (4)
counter­rotating propellers for balance, control and stability. My UAS is
equipped with GPS and auto return safety technology. Weighing less than
seven (7) pounds (far below the maximum 55 pound limit); including camera
with gimbal.
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
I consider safety as foremost with each flight. My small unmanned aircraft is
designed to hover in place via GPS and operate in less than a 10 m/s wind knot
(approx 22 mph) wind. For safety, stability and fear of financial loss I will not fly
in winds exceeding 7 m/s (15 mph). Built in safety systems include a GPS mode
that allows my UAS to hover in place when radio controls are lost. With three
modes to choose from, I utilize the Positioning Mode for aerial
3
videography/photography. This is the safest, most reliable and stable mode to
prevent accident and hazard. When pilot communication is lost UAS is designed
slowly descend to point of takeoff , or near the control transmitter when utilizing
Dynamic Mode. I do not operate my UAS near airports, Hospitals nor Police
heliports, and do not operate near areas where general public is within fifty to
one hundred (50­100) yards depending on location, conditions and weather. I
am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.)
and prepared to land/abort immediately to the nearest and safest ground point
should a manned aircraft approach my location or I suspect manned aircraft
may approach near my location. My UAS is capable of vertical and horizontal
operations, and are flown only within my line of sight, as the remote control pilot.
Utilizing battery power rather than combustible fuels, flights generally last
between eight (8) to twelve (12) minutes, with an altitude under two hundred fifty
(250) feet.
I utilize a fresh fully charged battery with each flight as a safety precaution; full
flight time limit for each battery is eighteen (18) to twenty­two (22) minutes as
tested. I do not operate my UAS at or below manufacture recommend minimum
charge levels for operation; preferring to remain well within a safe operating
range to insure adequate communication between radio control and UAS to
eliminate potential for crash, loss of control or hazard. Reserve batteries are at
hand with each exercise to insure replacement for sufficient safe level of
operation. I do not believe in taking risk that may cause a crash, that could
create hazard to the public/property/manned aircraft, and have no desire to lose
an investment. I have clocked numerous practice flights in remote areas as a
hobbyist simulating flights for future commercial use to gain familiarization with
the characteristics of this specific UAS's performance under different
temperature and weather conditions. I also practice computerized simulated
flights to maintain adequate skills and response reflex time. All for the sake of
safety.
I am extremely cautious when operating of my UAS/ultra lightweight unmanned
aircraft and will not “create a hazard to users of the national airspace system or
the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it
falls well within Congress’s contemplated safety zone when it promulgated the
Reform Act and the corresponding directive to integrate UAS's into the national
3 Positing Mode includes GPS, Vision Positioning Sensors, and Barometer for position hold, self­leveling, altitude command,
GPS, return home and dynamic return to home feature, and safety control to return home or land in the event of communication
interruption between RC transmitter and UAS. ­ See “Flight Mode” in Phantom 3 User Manual
Justin Harvey, Dallas TX ­ Section 333 Exemption Petition
airspace system. My UAS, the DJI Phantom 3, used in hobby flight, has a
demonstrable safety record and does not pose any threat to the general public
or national security.


IV. How Justin Harvey’s Request Will Benefit the Public As A Whole:
Aerial videography for geographical awareness and for real estate marketing
has been around for a long time through manned fixed wing aircraft and
helicopters. For small budget real estate companies and average homeowners
the expense of such aerial videography is cost prohibitive. Only large
companies and high end Realtors or luxury homeowners can afford to absorb
such expense, depriving non­luxury homeowners and lower budget Realtors
from a valuable marketing tool.
The public’s interest is additionally furthered by allowing small businesses in the
tourism industry to afford the currently cost prohibitive aerial photography used
by large international corporations. As a part owner of a small veteran owned
snorkeling business in Key West, I can attest to the unaffordability of such
videography and photography used by such companies to draw
business/revenue outside the economic benefit of the United States. An
example would be the ability of International Cruise Lines to draw business to
their privately owned operations in the Caribbean away from local Floridian
attraction providers. Additionally, smaller private hotels/resorts are harmed by
international resorts and their ability to market using such aerial videography
drawing business outside the economic benefit of the United States.
Congress has already proclaimed that it is in the public’s interest to integrate
commercially flown UAS's into the national airspace system, hence the passing
of the Reform Act. Granting my exemption request furthers the public interest
through academic/visual awareness of the geographical benefits in and around
the State of Florida. My ultra light weight UAS is battery powered and creates
no emissions that can harm the environment. The consequence of my ultra light
weight UAS crashing is far less than a full size helicopter or fixed wing aircraft;
which are heavy, contain combustible fuel and can cause catastrophic
devastation to the public.
Manned aircraft can pose a threat to the public through potential catastrophic
crash that many local communities have experienced in the past with military
aircraft and medical/police helicopter crashes. These have resulted in a loss of
life and endangered the public with combustible fuel that burned on impact. My
UAS poses no such threat since size and lack of combustible fuel alleviates any
potential threat to the public. Additionally, this actually furthers the public’s
interest by making it safer for business to conduct aerial photography and
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
videography without such risks.
The public’s interest is furthered by minimizing ecological and crash threat by
permitting aerial video/photo capture through my battery operated ultra light
weight UAS's. Permitting me to immediately fly within national air space furthers
economic growth. Granting my exemption request substantially furthers the
economic impact within the State of Florida for companies looking to relocate or
build in Florida as well as individuals looking to relocate for career advancement
through academic and geographical awareness. Both of which serve as a
stimulus to the community.


V. Reasons Why Justin Harvey’s Exemption Will Not Adversely Affect
Safety Or How The Exemption Will Provide a Level of Safety At Least
Equal To Existing Rule:
My exemption will not adversely affect safety. Quite the contrary, for the
reasons stated permitting me to log more flight time in FAA controlled airspace,
with communication with the FAA, will allow me to contribute to the innovation
and implementation of new and novel, as of yet undiscovered safety protocols
for development in cooperation with the FAA. In addition I submit the following
representations of enhancements to current aerial videography and
photography:
A. My UAS weighs less than 7 pounds complete with a small ultra light
weight high quality camera;
B. I only operate my UAS below 300 feet (well within the 400 foot
permissible ceiling set by the FAA Modernization and Reform Act of
2012);
C. My UAS only operates for 18­22 minutes per flight;
D. I land my UAS prior to 20% Battery Remaining;
E. I pilot my UAS through remote control only by line of sight;
F. I pilot my UAS only with a visual observer;
G. My UAS has Failsafe RTH , a flight safety feature whereby it hovers and
4
then slowly lands if communication with the remote control pilot is lost for
3 seconds;
H. My UAS has GPS and a Vision Positioning System utilizing two sonar
sensors and one monocular camera for positioning and to identify the
current aircraft’s position;
I. My UAS has a flight recorder and I actively analyze flight data and other
sources of information to constantly update and enhance safety
4 Page 15 Phantom 3 User Manual
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
protocols;
J. I only operate in reasonably safe environment that are strictly controlled,
are away from power lines, elevated lights, airports and actively
populated areas;
K. I conduct extensive preflight inspections and protocol per the Phantom 3
User Manual;
L. I always obtains all necessary permissions prior to operation;
M. I immediately abort flights in the event of potential danger;
N. I only operate my UAS well within “flight environment requirements ” &
5
visual meteorological conditions (VMC)
O. I will not operate my UAS less than 500 feet below or less than 2,000 feet
horizontally from a cloud or when visibility is less than 3 statute miles
from the PIC.
P. Only I, Justin Harvey, a licensed Private Pilot (Certificate #
3197378) with current Third Class Medical Certificate, act as Pilot in
Command during flights;
Q. I follow the UAS manufacturer’s aircraft/component, maintenance,
overhaul, replacement, inspection, and life limit requirements.
R. The operating documents/manual will be accessible during UAS
operations and made available upon request.
My safety protocols provide a level of safety equal to or exceeding existing
6
rules. It is important to note that absent the integration of commercial UAS into
our national airspace system, helicopters are the primary means of aerial video
and photography for community awareness, real estate, and marketing
purposes. While the safety record of such helicopters is remarkably astounding,
there have been incidents involving loss of life as well as extensive property
damage; it is far safer to operate a battery powered ultra light weight UAS.
● First, the potential loss of life is diminished because UAS's carry no
people on board and I only operates my UAS in specific areas away from
mass populations.
● Second, there is no fuel on board a UAS and thus the potential for fire or
explosions is greatly diminished.
● Third, the small size and extreme maneuverability of my UAS allow me to
remotely pilot away from and avoid hazards quickly and safely.
● Fourth, given its small size and weight, even when close enough to
capture amazing images, my UAS need not be so close to the objects
they are focused on through the technology and use of post editing
software allowing pan and zoom.
Accordingly, my UAS has been experimentally operated for familiarization and
5 Flight Environment Requirements ­ Page 45 ­ Phantom 3 User Manual
6 Operating within Flight Limitations & Procedures outlined in User Manual, A­R listed above, visual meteorological conditions (or VMC), & any Applicable FARs
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
competency and will continue to operate at and above current safety levels.
VI. A Summary The FAA May Publish in the Federal Register:
A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and
The Like.
14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth
requirements for procurement of necessary airworthiness certificates in
relation to FAR § 91.203(a)(1). The size, weight and enclosed
operational area of my UAS permits exemption from Part 21 because my
UAS meets (and exceeds) an equivalent level of safety pursuant to
Section 333 of the Reform Act. The FAA is authorized to exempt aircraft
from the airworthiness certificate requirement under both the Act (49
U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of
legislation permit the FAA to exempt UAS's from the airworthiness
certificate requirement in consideration of the weight, size, speed,
maneuverability and proximity to areas such as airports and dense
populations. My current and projected UAS's meet or exceed each of the
elements.
14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an
airworthiness certificate. As no such certificate will be applicable in the
form contemplated by the FARs, this Regulation is inapplicable.
14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft.
As there are no on board pilots or passengers, and given the size of the
UAS's, this Regulation is inapplicable. An equivalent level of safety will
be achieved by maintaining a safety/flight manual delineating areas of
where safety can be defined. 10 The FAA has previously issued
exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299,
9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far
as my UAS utilizes electronic global positioning systems with a
barometric sensor.
14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft
certifications and registrations. They are inapplicable for the same
reasons described above. The equivalent level of safety will be achieved
by maintaining any such required certifications and registrations by me,
Justin Harvey.
B. 14 C.F.R. § 45.23: Marking of The Aircraft
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
Applicable Codes of Federal Regulation require aircraft to be marked
according to certain specifications. My UAS are, by definition, unmanned.
They therefore do not have a cabin, cockpit or pilot station on which to
mark certain words or phrases. Further, two­inch lettering is difficult to
place on such small aircraft with dimensions smaller that minimal
lettering requirement. The FAA has previously issued exemptions to this
regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.
C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.
Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to
non­commercial operations. I, Justin Harvey, can achieve an
equivalent level of safety as achieved by current Regulations because
my UAS does not carry any pilots or passengers. The risks attended to
the operation of my UAS is far less than the risk levels inherent in the
commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing
me to operate my UAS meet and exceed current safety levels in relation
to 14 C.F.R. §61.113 (a) & (b). In addition, Grant of Exemption No.
11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with
a private pilot certificate operating the Astraeus UAS would not adversely
affect operations in the NAS or present a hazard to persons or property
on the ground.
D. 14 C.F.R. 91.119: Minimum Safe Altitudes.
14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil
aircraft. It allows helicopters to be operated at lower altitudes in certain
conditions. My UAS will never operate at an altitude greater than 300
AGL; safely below the standard of 400 AGL. I will however operate my
UAS in safe areas away from public and traffic, providing a level of safety
at least equivalent to or below those in relation to minimum safe altitudes.
Given the size, weight, maneuverability and speed of my UAS, an
equivalent or higher level of safety will be achieved.
E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance
Inspections.
The above­cited Regulations require, amongst other things, aircraft owners and
operators to “have [the] 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. . . .”
These Regulations only apply to aircraft with an airworthiness certificate.
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
They will not, therefore, apply to my UAS. However, as a safety
precaution I inspect my UAS before and after each flight and maintained
per the manufacturer’s aircraft/component, maintenance, overhaul,
replacement, inspection, and life limit requirements.
In summary, Justin Harvey seeks an exemption from the
following Regulations:
14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) &
(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b);
14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. §
91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14
C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a )
(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my
lightweight unmanned aircraft system for aerial photography/Inspection/
included but not limited to the following; Business Operations: over land,
water­ways, and oceans; operation over/in non­restricted National Parks,
National Forests, flight in non­navigable airspace, using non­intrusive
recording devices, operation in otherwise unrestricted U.S.
States/Territories for aerial videography/cinematography for commercial
operation and to enhance academic community awareness for those
individuals and companies unfamiliar with the geographical layout of
such areas. Currently, area awareness and real estate aerial
videography/photography relies primarily on the use of larger aircraft
running on combustible fuel, posing potential risk to the public. Granting
my request for exemption will reduce current risk levels and thereby
enhance safety. My UAS does not contain potentially explosive fuel, is
smaller, lighter and more maneuverable than conventional photographic
aircraft with much less flight time. Further, I operate at lower altitudes and
in controlled airspace eliminating potential public risk flying to and from
established airfields. I have been analyzing flight information and will
compile safety protocols and the implementation of a flight operations
manual that exceeds currently accepted means and methods for safe
flight. Formal collection of information shared with the FAA will enhance
the FAA's internal efforts to establish protocols for complying with the
FAA Modernization and Reform Act of 2012. There are no personnel on
board my UAS and therefore the likelihood of death or serious bodily
injury is significantly diminished. The operation of my UAS, weighing less
than 7 pounds and travelling at lower speeds within limited areas will
provide an equivalent level of safety as that achieved under current
FARs. Accordingly I respectfully request that the FAA grant my
exemption request and am willing to cooperate in sharing information to
benefit the FAA, safety of manned aircraft, and the general public at
Justin Harvey, Dallas Tx ­ Section 333 Exemption Petition
large.
Respectfully Submitted,
Justin Harvey
4731 N Lindhurst 
Dallas, Tx 75229