1 1 May 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 Mr. Duncan

,

I, John Harvey, am writing pursuant to the FAA Modernization and Reform Act of

2012 and the procedures contained within 14 C.F.R. 11, to request that I, John Harvey, an owner

and operator	of	small	unmanned	aircraft,	be	exempted	from	the	Federal	Aviation Regulations	(“FARs”)	listed below so that I, John 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, John Harvey , am a photographer/videographer/ cinematographer; experienced in flying hobby aircraft for re creational purposes . I have added a s UAS quadcopter to my inventory equipped with a self

- contained camera with intent for aerial photography

, videography

, cinematography; following exemption and approval by the FAA.

I have over 25 years of experience as an FAA Certified Air Traffic Control Specialist and Air Traffic Control Specialist Examiner in the U.S. Army. I have extensive experience controlling

aircraft in VFR/IFR conditions in mixed

- type/platform aircraft environments. I have an undergraduate degre e in Aviation and Airway Science and a Graduate Degree in Computer Information Systems. I am extremely well versed in the National Airspace System and the technologies, operating theories, and flight characteristics of the modern s UAS. I have flown RC

elec tric helicopters for over five (5 ) years without incident. In addition I have flown multiple

s UAS quadcopters for over a year without incident . I am continually educating myself in this dynamic environment and I am c ommitted to safety with each flight.

A pproval of my exemption request would permit operation of an ultra

- light weight, unmanned (piloted by remote control) and comparatively inexpensive s UAS(s) in:

• T ightly controlled and limited airspac e.

• Predetermined in areas away from general public, air ports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner for aerial photography and videography.

Currently, similar lightweight, remote control led s UASs are legally operated by unmonitored2 amate ur hobbyists with no safety plan or controls in place to prevent catastrophe. I, John Harvey, have personally instilled safety protocols and controls to avoid and prevent public hazard, as well

as manned aircraft hazards/catastrophe. This will act to furth er safety prot ocols exclusive to lightweight s UAS's specific to photography & videography usage as I, John Harvey, 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, John Harvey ’ s , request	comports	with	the	Secretary	of	Transportation’s	(FAA Administrator’s)	responsibilities	and	authority	to not only integrate s UASs into the national airspace system, but to	“...establish	requirements	for	the	safe	operation	of	such	aircraft systems	[ sUASs] in the national airspace	system”	under	Section	333(c)	of	the	Reform	Act specific	to	the	use	of sUASs for photography & videography purposes. Further I, John Harvey,

wil l conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below I, John Harvey , respectfully request the grant of an exemption allowing me to operate ultra

- light weight, remote controlled sUASs for the purposes of acquiring aerial photos & videos, both 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 combu stible fuel that that poses potential public

hazard.

1 Supplemental File

– DJI Phantom 2 (User Manual 1.2 ), DJI Phantom 2 Advanced Manual (v1.4), DJI Inspire 1 (User Manual v1.2)

I. Contact Information:

John Harvey

Ronin Aero 413 Wrought Iron Dr.

Harke r Heights, TX 76548 Mobile: (254 ) 423

- 4824

Email: jrharvey.13@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which John Harvey requests e xemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b);

14 C.F .R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief John Harvey seeks and the Reason He Seeks Such Relief:3 I, John Harvey, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, John Harvey, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such i ntegration of civil unmanned aircraft systems into our national airspace	system	as	it	is	in	the	public’s	interest	to	do	so.	My, John Harvey ’ s , ultra

- lightweight sUAS meets the	definition	of	“small	unmanned	aircraft”	as

defined	in	Section	331	and	therefor e	the integration of my ultra

- lightweight sUAS is expressly contemplated by the Reform Act. I would like to operate my ultralightweight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereb y, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial photography & videography. The Reform Act guides the Secretary in determining the types of sUASs that may
operate sa fely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS 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, John Harvey . My sUAS utilizes four (4) counter

- rotating propellers for balance, control and stability. My sUAS is equipped with GPS and auto return safety technology. Wei ghing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, John Harvey, consider safety as upmost importance with every flight. My small unmanned aircraft is designed to hover in place via GPS and operate in le ss than a 16 knot (17 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 14 knot (15 mph). Built in safety systems include a GPS mode that allows my sUAS to hover in place when radio controls are released. With th ree modes to choose from, I utilize the GPS Mode4 for aerial photography and videography. This is the safest, most reliable and stable mode to prevent ac cidents and hazards. When pilot communication is lost, the sUAS is designed to slowly descend to point of take

- off. I do not operate my sUAS near airports, Hospitals nor Police ( GPS Mode includes safe circle for operation, position hold, self

- leveling, altitude command, GPS, return home feature, and safety

control to return home or land in the event of com munication interruption between RC transmitter and sUAS. See Appendix A

- Operator Manual) heliports, and do not operate near areas where general public is within thirty to one hundred (30

- 100) yards depending on location,

conditions and weather. I am cons tantly 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 locat ion. My sUAS is capable of vertical and horizontal operations, and are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) min utes, with an altitude under two hundred (200) feet. I, John Harvey, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is twenty (20) to twenty

- five (25) minutes as tested. I do not opera te my sUAS at or below the manufacturer recommend ed minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and sUAS to eliminate potential for crash,

loss of contr ol or hazards. 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, which4 could create hazards to the public / property / manned aircraft, and have no desire to lose an

investment. I have done scores of practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific sUAS ’ s performance under different t emperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time, all for the sake of safety. I, John Harvey, am extremely cautious when operating of my sUAS / ultra

- lightweight

unmanned aircraft and	will	not	“c reate 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 sUAS it	falls	well	within Congress’s	contemplated	safety	zone	when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national airspace system. My, John Harvey ’ s sUAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

IV. How John Har vey ’ s Request Will Benefit the Public As A Whole:

Aerial photography and has been around for a long time through manned fixed wing aircraft and helicopters. For small budget productions the expense of such aerial photography and videography is cost prohib itive. Only larger companies can afford to absorb such expense. Manned aircraft pose a threat to the public through the potential of a catastrophic crash. My, John Harvey' s , sUAS poses no such threat since size and lack of combustible fuel alleviates any

p otential threat to the public. C ongress	has	already	proclaimed	that	it	is	in	the	public’s interest	to	integrate	commercially	flown sUASs into the national airspace system, hence the passing of the Reform Act. Granting my, John Harvey ’ s ,exemption request furthers the public interest through academic/visual awareness of the photography and v ideography fields world

wide . My ultra

- lightweights UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra

- lightweigh ts 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. The	public’s	interest	is	furthered	by	minimizing ecological and crash threat by permitting aerial photography and videography captured through my battery operated ultra

- lightweights UAS's. Permitting me, John Harvey, to immediately fly within national airspace furthers economic growth. Granting my exemption request substantially

furth ers the economic impact for U.S. companies looking to use aerial photography and videography, both of which serve as a stimulus to the community.

V. Reasons Why John Harvey ’ s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a L evel of Safety At Least Equal To Existing Rule:

My, John Harvey ’ s , exemption will not adversely affect safety. Quite the contrary, for the

reasons stated permitting me, John Harvey, to log more flight time in FAA controlled airspace,

with communication w ith the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for photographers and videographers for development in cooperation with the FAA. In addition I, John Harvey, submit

the following representations of enhancements to current aerial photography/videography.5 • My sUAS weighs less than 5 pounds complete with a small ultra

- lightweight high quality

camera;

• I only operate my sUAS below 400 feet (within the 400 foot permissible ceil ing set by

the FAA Modernization and Reform Act of 2012);

• My sUAS only operates for ten (10) to fifteen (15) minutes per flight;

• I land my sUAS prior to manufacturer recommended minimum level of battery power;

• I pilot my sUAS through remote control only by visual line of sight;

• My sUAS has GPS, a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost;

• I actively analyze flight data and other sources of information to constantly update and

enhance safety protocols;

• I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas;

• I conduct extensive pre

- flight inspections and protocol, during which safety c arries primary importance;

• I always obtain all necessary permissions prior to operation; and,

• I have procedures in place to abort flights in the event of safety breaches or potential danger.

My, John Harvey ’ s , safety protocols provide a level of safety e qual to or exceeding existing

rules. It is important to note that absent the integration of commercial sUAS into our national airspace system, helicopters are the primary means of aerial photography and videography. While the safety record of such helicopt ers is remarkably astounding, there has been incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra

- lightweight sUAS. First, the potential loss of life is diminished because sUASs

carry no people on board and I only operate my sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of my s UAS allow me to remotely pilot away from and avoid hazards quickly and safely. Lastly, given its small size and weight, even when close enough to capture amazing images, my sUAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing panning, tilting and zooming. Accordingly, my sUAS has been experimentally operated for familiarization/competency and will continueto operate at and above current safety

levels.

VI. A Summary: The FAA May Publis h 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, John Harvey ’ , sUAS permits exemption from Part 21 because my sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333

of the Reform Act. The FAA i s authorized to exempt aircraft from the airworthiness certificate6 requirement under both the Act (49U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate require ment in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, John Harvey’s , current and projected sUASs meets

or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operatio n 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 ar e no on board pilots or passengers, and given the size of the sUASs, 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 ( The FAA has previou sly 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 insofar as my sUAS utilizes electronic global pos itioning 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 achie ved by maintaining any such required certifications and registrations by me, John Harvey.

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My sUASs are , by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requi rement. Regardless, I will mark the sUASs in the largest possible lettering by placing the

word “EXPERIMENTAL”	on	its	fuselage	as	required	by	14	C .F.R. §45.29 (f) so that I the pilot,

or anyone assisting me as a spotter with the UAV will see the markings. 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 non

- commercial operations. I, John Harvey, can achieve an equivalent level of safety as achieved by current Regulations because my sUAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control pilo ting skills. The risks attended to the operation of my sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, John Harvey, to operate my sUAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

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 sU AS will never operate at an altitude greater than 400 AGL. I, John Harvey, will however operate my sUAS 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. Giv en the size, weight, maneuverability and speed of my sUAS, an equivalent or higher level of safety will be

achieved.7 E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above

- cited	Regulations	require,	amongst	oth er	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 par t 43 of this chapter. . . . ” Appendix D

– Flight Log

. These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, John Harvey' s , sUAS. However, as a safety precaution I thoroughly inspect my sUAS before and after each flight.

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 sUAS permits exemption from Part 21 because my, John Harvey ’ s
, sUAS meets 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 sUASs from the air worthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My sUAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an ai rcraft 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 pilot s or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, John 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, John Harvey', small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and aerial photography and videography operations. Currently, area awareness and aerial photography and videography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the publ ic. Granting my, John Harvey ’ s , request for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional aircraft with much les s flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. I, John Harvey, have been informally analyzing8 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, John Harvey ’ s , sUAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, John Harvey ’ s
, operation of my sUAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, John Harvey, respectfully request that the FAA grant my exemption request and am willing to cooperat e in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Very Respectfully,

John Harvey PIC|Photographer|Cinematographer

Ronin Aero 413 Wrought Iron Dr. Harker Heights, TX 76548