UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA-2007-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Horus Aerial Services LLC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM + UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 25, 2015

Horus Aerial Services

Ricardo Ramirez

1504 Clementian St.

Utica, NY 13501

917-513-5787

horusdrones@gmail.com
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TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS ..................................................................................3

SUMMARY .......................................................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND....................................................................................................................5

BASIS FOR PETITION........................................................................................................ 5

NAME AND ADDRESS OF PETITIONER............................................................ 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Horus Aerial Services

SEEKS EXEMPTION ........................................................................ 8

THE EXTENT OF RELIEF Horus Aerial Services SEEKS AND THE REASON 

Horus Aerial Services SEEKS THE RELIEF................................................... 11

THE REASONS WHY GRANTING Horus Aerial Services’S REQUEST WOULD BE

IN THE PUBLIC INTEREST .............................................................................. 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY.................................................................................................. 19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..... 35

CONCLUSION ................................................................................................................... 35

EXHIBITS........................................................................................36
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO

Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

Horus Aerial Services LLC seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Horus Aerial Services LLC to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of construction sites, real

estate, Non- Profit and other community special events in and around Oneida County in 

New York.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Horus Aerial Services LLC. (Hereinafter referred to as “Horus Aerial Services”)

Horus Aerial Services provides its commercial clients with affordable highest quality

digital content for use in their commercial, personal, and other photography related

projects. Horus Aerial Services also provides the community and Non-Profit 

organization our services for no charge as a way of giving back to the community. 

Horus Aerial Services is a seasoned leader in unmanned aerial videography with over 8 

years recreational/hobby experience in all aspects of RC Aircraft, Quadcopters and other

small UAS’s. The objective of Horus Aerial Services aerial video and photography

operations is to provide high quality imaging for a variety of commercial, public, and

residential uses, specifically targeting:

 Aerial Real Estate photography

 Aerial Real Estate Video

 Free Services to Non-Profit and Community Organizations
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BACKGROUND

 Unmanned Aircraft Systems: DJI Phantom 3

Horus Aerial Services seeks an exemption to operate DJI systems for

compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 

16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI

Phantom 3 UAS is equipped with four main rotors; driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 3 UAS that will be operated by Horus Aerial Services will be 

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Horus Aerial Services, pursuant to the provisions of the Federal

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act 

of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to commercially operate the DJI Phantom 3 UAS in 

the National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated 

with the unmanned aircraft and its operation, Horus Aerial Services operation of DJI
6

Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Horus Aerial Services requests relief from Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Horus Aerial Services submits that the requested relief is proper since an

equivalent level of safety will always be ensured (see Exhibit D). Horus Aerial Services

will use licensed technicians or the manufacturers service centers to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). Furthermore, Horus Aerial Services will document and 

maintain all maintenance records for the DJI Phantom 3 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by Horus Aerial Services to the

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting 

minimum flight- hour and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

Horus Aerial Services seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Horus Aerial 

Services
7

submits that it will ensure that the DJI Phantom 3 UAS are in an airworthy condition, 

prior to every flight, by determining that the UASs are in compliance with the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), 

and that the aircraft are in a condition for safe flight.

Horus Aerial Services also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UA

will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path. This altitude information, combined with Horus Aerial 

Services’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 

400 feet AGL, will ensure a level of safety equivalent to Section 91.121 and our 

additional safety requirements as outlined in Exhibit D..

Additionally, Horus Aerial Services seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Horus Aerial 

Services submits that safety will not be affected by operation of the DJI Phantom 3 UA 

during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to fly for a total duration of approximately 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Horus Aerial Services provides the

following information in support of its petition for exemption:
8

A. Name and Address of The Petitioner.

The name and address of the Petitioner and point of contact is as follows:

Horus Aerial Services

Ricardo Ramirez

1504 Clementian St

Utica, NY 13501

Email: horusdrones@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Horus Aerial 

Services Seeks Exemption.

1. Horus Aerial Services Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation

or hire; nor may that person, for compensation or hire, act as PIC of an

aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft

in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Horus Aerial Services Seeks Exemption From The Requirements Of

Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following:

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

3. Horus Aerial Services Exemption From The Requirements Of

Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part:
9

(a) 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--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;

(ii) there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or

(iii) the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure.

4. Horus Aerial Services Exemption From The Requirements Of

Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to 

fly after that for at least 20 minutes.

5. Horus Aerial Services Exemption From The Requirement Of

Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

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[.]

6. Horus Aerial Services From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive 

maintenance, rebuilding, or alteration, subsection (a)(1), states the following:
10

(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[.]

7. Horus Aerial Services Seeks Exemption From The Requirements Of

Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(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 --

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

8. Horus Aerial Services Exemption From The Requirements Of

Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following:

(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:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include--

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.
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(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the 

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

C.The Extent Of Relief Horus Aerial Services Seeks And The Reason Horus Aerial 

Services Seeks The Relief.

1. Extent Of Relief Horus Aerial Services Seeks And The Reason 

Horus Aerial Services Seeks Relief From Section 61.113(a) And 

(b).
12

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 

private pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) 

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire.

As set forth more fully below, Horus Aerial Services submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the DJI 

Phantom 3 other than the person listed as James R. Fitzpatrick, who has 10+ years’ 

experience in RC/VAV operation. In addition all flights must full under the safety 

guidelines of Exhibit D, which will be updated as new FAA guidelines take place.

Further, Horus Aerial Services submits that all flights of the DJI Phantom 3 UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to 

Horus Aerial Services business; and (2) will not carry passengers, packages or property

for compensation or hire.

2. Extent Of Relief Horus Aerial Services Seeks And The Horus Aerial 

Services Seeks Relief From Section 91.7(a).
13

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow Horus Aerial Services to determine that the DJI Phantom 3 UAS

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating documents (i.e., the Horus Aerial Services Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

Horus Aerial Services seeks the requested relief because the DJI Phantom 3 UAS

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, Horus Aerial Services will ensure that the DJI Phantom 3 UAS are in airworthy

condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and 

further, determine that the aircraft are in condition for safe flight, as stated in the conditions 

and limitations below.

3. Extent Of Relief Horus Aerial Services Seeks And The Reason 

Horus Aerial Services Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, 

GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA

requires that any altitude information concerning UAS operations be reported to air traffic

control (ATC) in feet above ground level (AGL), Horus Aerial Services seeks the 

requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to 

zero feet AGL, rather than the local barometric pressure or field altitude, before each

flight.
20

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety

will be maintained since the DJI Phantom 3 UAS are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with

altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Horus Aerial Services Seeks And The Horus Aerial 

Services Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

Horus Aerial Services seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will 

severely constrain the practicality of any aerial video or still photo flight operations that 

Horus Aerial Services proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 

3 UAS, the DJI Phantom 3 operating documents, and Horus Aerial Services’s proposed 

operating limitations, ensure that Horus Aerial Services will safely operate the battery 

powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total

duration of 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes.
20

5. Extent Of Relief Horus Aerial Services Seeks And The Reason 

Horus Aerial Services Seeks Relief From Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b) only apply to aircraft with an airworthiness certificate, Horus Aerial Services requests

relief from these Sections because the DJI Phantom 3 UAS does not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meets 

the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, Horus Aerial Services will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the UAS operating documents (i.e., the Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Horus 

Aerial Services will document and maintain all maintenance records for the DJI Phantom 

3 UAS.

D.The Reasons Why Granting Horus Aerial Services Request Would Be

In The Public Interest; That Is, How It Would Benefit The Public As A

Whole.

Granting the present Petition will further the public interest by allowing Horus 

Aerial Services to safely, efficiently, and economically perform aerial video and 

photography for Non-Profit and Community Organizations, as well as, pursue

revenue for a Small Business in the USA as we provide commercial services for 

Homes and Land for sale, Places of Lodging, Golf Courses, and other commercial 

properties seeking the described services for marketing purposes over certain areas of the

Oneida County NY and the surrounding areas.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion

of the NAS and reduce pollution, since past aerial photography required large manned 
20

aircraft for extended periods of time. Notably, the benefits of Horus Aerial Services’s 

proposed operation of the DJI Phantom 3 UAS will be realized without implicating any 

privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UA are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial 

imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase

the safety of life and property in the air and on the ground (as outlined in Exhibit D).

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. 

The DJI Phantom 3 UA do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting aerial video and photography missions would 

result in fewer aircraft that must be handled by air traffic control during the ground, 

takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The 

DJI Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned 

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise

pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 3 UAS

produce no air pollution, and is the most viable environmentally conscious alternative to 

the cabin class, six cylinder internal combustion engine aircraft that are typically

utilized for aerial video and photography, while burning approximately 20-30 gallons 
20

per hour of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbon

footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled 

by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial 

risk to life and property in the air and on the ground, which is usually associated with 

traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the

DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 

ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 

inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on 

board), has less physical potential for collateral damage to life and property on the

ground, and in the air, compared to the manned aircraft that typically conduct similar

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations with The DJI 

Phantom 3 UAS Will Benefit Non-Profit and Community 

Organizations.

As stated earlier in this petition, Horus Aerial Services provides free services to 

Non- Profit and Community Organization that normally could not afford to have their

event or site professionally photographed. There the Oneida community and surrounding 

area benefits.

4. Performing Aerial Video and Photography Operations with The

DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 is also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, 
20

operation of the DJI Phantom 3 UAS will allow United States based companies, like

Horus Aerial Services, to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. 

owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such 

technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a 

traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Horus Aerial Services, 

can remain competitive and profitable, and therefore, provide greater job stability to

employees and contractors, which will ultimately contribute to growth of the

U.S. economy. Improved financial performance of U.S. companies, through commercial 

use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest

in research and development in order to remain competitive both in the United States and 

abroad.

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Horus Aerial Services proposed operation of the DJI Phantom 3 UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only

in compliance with operating documents (i.e., the Horus Aerial Services Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) 

which requires property owner involvement as well as local law enforcement notification, 
20

and in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To 

That Provided By The Rule From Which Horus Aerial Services Seeks 

Exemption.

1. Reasons Why The DJI Phantom 3 UA Meet The Conditions Of The

FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated 

with the unmanned aircraft and its operation, Horus Aerial Services operation of the DJI 

Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security. 

Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 

and rulemaking required by section 332 of this Act or the guidance required 

by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their 

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the public 

or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft
20

systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Horus Aerial Services submits that the DJI Phantom 3

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement;

and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, 

and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI 

Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 3 UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and fully autonomous 

flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 3 UAS is provided at pages 25-32 of the DJI Phantom 3 User Manual, attached 

hereto as Exhibit B.

iii. The DJI Phantom 3 UAS Are Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of 

The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 UA will remain
stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA

does not reacquire control link data from the GCS, the UA will assume that the Control

Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, 

and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are

set forth at pages 27 through 28 of the DJI Phantom 3 User Manual, attached hereto as 

Exhibit B.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3

GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3

User Manual. DJI Phantom 3 User Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The

Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer.

Horus Aerial Services will only utilize certificated pilots who possess a current 

and valid airman medical certificate to act as a pilot in command (PIC) of the DJI 

Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time.

And the guidelines exhibited in D, will be followed at all-times ensuring the safety of all 

involved.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom 3 UAS

for the special purpose of conducting aerial video and photography over certain areas of

Oneida County and surrounding areas, pursuant to the following specific operating

limitations:
1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3

Unmanned Aircraft System. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting 

operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All 

altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at

all times. This requires the PIC to be able to use human vision unaided by

any device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is 

not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The 

PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can 

perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible 

during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, 

the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the

procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents 

if it petitions for extension or amendment to the grant of exemption. If the 

operator determines that any update or revision would affect the basis upon

which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to 
the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented 

in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the 

UAS operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight. The PIC who conducts 

the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies,

e.g. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 

requirements.

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, 

description of work accomplished, and the signature of the authorized person 

returning the UAS to service.

15. Each UASs operated under this exemption must comply with all

manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between 

inspections.

17. The PIC must possess at least a private pilot certificate and at least a 

current third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 

C.F.R.

§ 61.51(b). Flights for the purpose2s3of training the operator’s PICs are
permitted under the terms of the exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 

91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

19.1. All operations must be conducted under visual meteorological 

conditions (VMC). If flight at night is required, a special request will be made 

at the FAA office closest to proposed area of operations. Flights under special visual 

flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. 

The letter of agreement with the airport management must be made available 

to the Administrator upon request.

21. The UA may not be operated 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.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered 

in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles 

or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery 

power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations under 

the grant of exemption. This COA will also require the operator to request a 

Notice to Airman (NOTAM) not more than 72 hours in advance, but not less 

than 48 hours prior to the operation. All operations shall be conducted in 

accordance with airspace requirements in the ATO issued COA including class 

of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified 

by serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA m24ust comply with the Federal
Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time 

the UAS is operating. These documents must be made available to the 

dministrator or any law enforcement official upon request.

29. Horus Aerial Services abides and enforces the safety checklist to as 

exhibited in section D to ensure that we provide safety for everyone in and

near to the site..

30. The UA must remain clear and yield the right of way to all manned 

aviation operations and activities at all times.

31. The UAS may not be operated by the PIC from any moving device or 

vehicle.

32. Flight operations must be conducted at least 400 feet from all 

nonparticipating persons (persons other than the PIC, SO, operator trainees 

or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an 

accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not 

present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 

91.119(a).

33. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

34. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.
2. Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.

Horus Aerial Services submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering Horus Aerial Services proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Horus Aerial 

Services submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Horus Aerial 

Services specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Horus Aerial Services will not allow any PIC to operate the DJI Phantom 3 UAS

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the

DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people, 
experience-building flights the PIC

vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model 

of

UAS to be used for operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days 

(for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure an 

equivalent level of safety during Horus Aerial Services proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations 

for the purpose of motion picture filming (or similar operations), the PIC must 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as 

a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 

11062, the PIC must also have accumulated and logged a minimum of 5 hours as 

a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption. For clarification, the FAA considers these 

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours 

make and model time may be included in the 10 hours of multi-rotor time and the 

10 hours may be included in the total 25 hours of UAS rotorcraft time. In 

addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). The FAA finds that at 

a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate 

to practice and build proficiency in the skills necessary to safely conduct the 

petitioner’s proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations 

would satisfy this requirement. Training, proficiency, and experience-building 

flights can also be conducted under the grant of exemption to accomplish the 

required flight time. During training, proficiency, and

is required to operate the UA with appropriate

27
distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15.

Accordingly, Horus Aerial Services will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 

91.7(a) Would Not Adversely Affect Safety.

Horus Aerial Services requires a tight set of rules that follow best practices and 

FAA requirements and guidelines (Exhibit D).

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, plus Horus Aerial Services also requires the safety checklist

in Exhibit D that ensures that the DJI Phantom 3 UAS is in an airworthy condition based 

upon the UAS’s compliance with its operating documents and as stated in the conditions 

and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific 

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section

91.121 Would Not Adversely Affect Safety.

As outlined in Exhibit D, Horus Aerial Services fly’s only under a very set rules.

We believe these rules include and go beyond current FAA guidelines. Therefore, the

equivalent level of safety established by Section 91.121 will be maintained because the 
altitude information of the DJI Phantom 3 UA will be provided to the PIC via GPS

equipment and a radio communications telemetry data link, which downlinks from the 

UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with Horus Aerial Services’s operation of the DJI Phantom 3 UA

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 

point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established 

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the

location of the proposed flight operations. Accordingly, Horus Aerial Services will 

ensure that it will safely operate the battery powered DJI Phantom 3 UA during daylight 

hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 

3 UAS; the limitations on the proposed flight operations; and the location of the

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS
provide audible and visual warnings to the PIC at the GCS when the UAS experiences 

low battery voltage, the first warning occurring at approximately 33% remaining

battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom Vision+ UAS will descend and land 

automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adversely affected when the technical characteristics 

and operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief 

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062,

11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

Would Not Adversely Affect Safety.

In seeking this exemption, Horus Aerial Services submits that the equivalent level

of safety with regard to the regulatory maintenance and alteration requirements 

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b) will be met because Horus Aerial Services will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., the Horus Aerial 

Services Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual).

Furthermore, Horus Aerial Services will document and maintain all maintenance records
for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating

documents, Horus Aerial Services will maintain the equivalent level of safety established 

by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User

Manuals are attached hereto as Exhibit B; a copy of the DJI Phantom 3 UAS Maintenance

LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Horus 

Aerial Services will use trained technicians to perform maintenance, alterations or

preventive

Maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be

documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety 

is not adversely affected when the technical characteristics and operating limitations of 

the UAS are considered.

In consideration of Horus Aerial Services proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 3 UAS, Horus Aerial 

Services submits that safety will not be adversely affected by granting exemption from 

14

nd (a)(2), 91.409(a)(2), and 91.417(a) and (b).

C.F.R. Sections 91.405(a), 91.407(a)(1) a 31
32

The FAA has previously granted relief specific to UAS in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

In additional 350 Sky Vision fly only under a tight set of rules which can be found in 

Exhibit D, which ensure the safest operation under any foreseen circumstance.

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Horus Aerial Services

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3 UAS, which contain such safety standards that the Administrator finds

necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart 

H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe 

operation of the UAS for the limited purpose of conducting aerial video and photography 

over certain areas of the United States for compensation or hire. FMRA Section 333 sets 

forth the requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, provides 

the authority for such UAS to operate without airworthiness certification in accordance 

with any requirements that must be established for the safe operation of the UAS in the 

NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 
33

C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety

standards, due to the novel or unusual design features of the aircraft. Section 

21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not 

contain adequate or appropriate safety standards for an aircraft, aircraft engine, or 

propeller because of a novel or unusual design feature of the aircraft, aircraft 

engine or propeller, he prescribes special conditions and amendments thereto for 

the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or 

propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the 

FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI 

Phantom 3 UAS, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part

21,

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which Horus Aerial Services Seeks Exemption:

Horus Aerial Services seeks exemption from the requirements of 14 C.F.R Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Horus Aerial Services

Seeks:

This exemption will permit Horus Aerial Services to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support

Horus Aerial Services Request.
34

This Petition is made pursuant to the FAA Modernization and Reform Act of 

2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if 

certain UAS may operate safely in the NAS. As such, Horus Aerial Services request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS

will create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security; and further, provides the authority for such UAS to operate without 

airworthiness certification.

As discussed in detail above, Horus Aerial Services will operate the DJI Phantom 

3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or 

otherwise pose a threat to national security.
34

/ /

CONCLUSION

As set forth herein, Horus Aerial Services seeks an exemption pursuant to 14 C.F.R.

§ 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA),

which will permit safe operation of the DJI Phantom 3 UAS commercially, without an

airworthiness certificate, for the limited purpose of conducting aerial video and

photography over Oneida County, NY and surrounding area. By granting this Petition,

the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the

public, by allowing Horus Aerial Services to safely, efficiently, and economically

operate the DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of2012, Section 333, Horus Aerial Services

respectfully requests that the Administrator grant this Petition for an exemption from

the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1),

91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI 

Phantom 3 UAS commercially for the purpose of conducting aerial video and

photography over certain areas of the United States.

Dated: June 25, 2015

Respectfully submitted, Horus Aerial Services

Horus Aerial Services, LLC

Ricardo Ramirez 

1504 Clementian St

Utica, NY 13501

Email: horusdrones@gmail.com
36

Exhibits:

A – DJI Phantom 3 Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual

C – Monthly Maintenance Log

D – Horus Aerial Services On-Site Safety Checklist

EXHIBIT – A

DJI PHANTOM 3 TECHNICAL 

SPECIFICATIONS

Horus Aerial Services only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace. Parameters

can also be set to limit flight to no higher than a predetermined and set altitude as well as

limit flight to a predetermined and set distance. In addition, DJI software provides realtime altitude and location information to the PIC via the linked monitor (smart

phone/tablet devices)

Aircraft

Supported Battery: DJI 5200mAh LiPo Battery

Weight (Battery & Propellers included): 1242g

Hover Accuracy (Ready to Fly): Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity; 200°/s

Max Tiltable Angle: 35°

Max Ascent / Descent Speed: Ascent: 6m/s; Descent: 2m/s

Max Flight Speed: 15m/s (Not Recommended)

Diagonal motor-motor distance: 350mm

Remote 

Control

Operating Frequency: 5.728 GHz-5.85 GHz

Communication Distance (open area): CE Compliance: 400m; FCC 

Compliance: 800m

Receiver Sensitivity (1%PER): -93dBm

Transmitter Power: CE Compliance: 25mW; FCC Compliance: 100mW

Working Voltage: 120 mA@3.7V

Built-in LiPo Battery Working Current/Capacity: 3.7V, 2000mAh

Range 

Extender

Operating Frequency: 2412-2462MHz 

Communication Distance (open area): 500-700m 

Transmitter Power: 20dBm

Power Consumption: 2W
37

EXHIBIT – B

DJI Phantom 3 Manufacturer’s User Manual

See Separate document attached to the Docket
38

EXHIBIT – C

MONTHLYMAINTENANCE LOG

month: year:

UAS #:

Date Issue

Discovered

Date Issue

Addressed

Issue Description & Maintenance Conducted

Maintenance Performed By:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other:

Horus Aerial Services

Ricardo Ramirez 

1504 Clementian St

Utica, NY 13501

Email: horusdrones@gmail.com
39

EXHIBIT – D

See attached Horus Aerial Services Checklist that we have been following over the last

several years, to ensure what we have learned is applied beyond your safety requirements.

See Separate document attached to the Docket