January 27, 2016

Horizon Aerial Photography and Videography, LLC

629 Sierra Circle

Davenport, FL 33837

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (the “Reform Act”) and 14 C.F.R. Part 11, Horizon Aerial 

Photography and Videography, LLC seeks an exemption from Federal 

Aviation Regulations (“FARs”) listed below for the DJI Phantom 3 4K, a 

quadcopter manufactured by DJI-Innovations.

The requested summary exemption would support an application for a 

“blanket” commercial Certificate of Authorization to use the system to 

capture aerial photography and videography. The DJI Phantom 3 4K

system consists of a lightweight (2.8 lb) battery operated aircraft, a 

tablet-based ground control station and/or RC Controller, and 

associated communications equipment. The aircraft carries an onboard 

gimbaled camera that allows it to obtain photographs and video.
The requested exemption would permit Horizon Aerial Photography 

and Videography, LLC to pursue its commercial interests in providing 

services to clients using a small advanced UAS in the following areas:

• Real Estate/Architecture

• Construction Site Inspection

• Marketing

• Surveying/Mapping

• Sporting Events

• Special Events/Festivals

The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 61.3

- 14 CFR 91.109, 91.119

- 14 CFR 91.121, 91.151

- 14 CFR Subpart E (91.401 - 91.417)

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

Unmanned Aircraft System

UAS are often seen as superior to helicopters as an aerial video 

gathering platform due to the smaller size of the devices, more 

affordable equipment and personnel cost, reduced noise, and a much 

smaller environmental impact which promotes public safety. UAS 

devices also promote pilot safety by removing the human pilot 

element.

Horizon Aerial Photography and Videography, LLC is petitioning for an 

exemption to operate a DJI Phantom 3 4K with a built-in stabilized HD 

camera and the following GPS safety features:

• Restricts the height Above Ground Level (AGL) to a specified user 

generated height.

• Restricts the radius of flight from the ground station to a usergenerated distance.

• Restricts operations within designated Class B, C, and D airspace

including a no-fly zone feature. 

The DJI Phantom 3 4K also has a failsafe function that is triggered in 

the event communications are lost between the UAS and the main 

controller transmitter. In the unlikely event this occurs, the UAS will 

return to its point of takeoff and land safety. If communications are 
restored, the PIC can regain control of flight and land manually.

These specifications meet with the Model Aircraft Operating Standards 

(AC 91-57) as set below:

1. The petitioner will only operate its UAS in line-of-sight of a Pilot 

in Command (PIC) and/or ground based Visual Observer (VO)

and will operate at sites that are ‘sufficient distance’ from 

populated areas within the sterile area described in the FOPM. 

Such operations will ensure that the UAS will “not create a 

hazard to users of the national airspace system or the public.” 

The orientation of flights will be such that the PIC or VO always 

has a visual on the rear mounted LED flight Indicator. Additional 

safety features on the DJI Phantom 3 4K include an automatic

return-to-home feature enacted upon low battery level.

2. When flying the UAS within three (5) miles of an airport, airport

operators will be notified at least 72 hours prior, and the 

operator will give the right-of-way to any manned aircraft.

3. Pre-flight inspection would include checking battery 

condition/level in the transmitter, control tablet, and UAS; a 

visual/operational check of the propellers; a visual/operational 

check of the aircraft; a visual/operational check of the motors; a 

full compass and IMU calibration; a visual/operational check of

the transmitting radio control unit; a visual/operational check of 

the camera and gimbal unit; and a visual/operational check of 

the vision positioning system. A check for power-lines, antennas,

and other overhead objects would also be performed. Wind and 

weather conditions would be monitored and taken into account 

as a factor for flying.

4. The radio frequency of the DJI Phantom 3 4K is in the 2.400 to 

2.483 GHz range. Maximum takeoff weight approximately 

3000g. Max Ascent/decent speed 5 m/s. Maximum flight Velocity 

16 m/s. The UAS to be operated by the petitioner weighs less 

than 3 pounds, including all payload (i.e. battery, camera, lens, 

and stabilized gimbal).

5. The PIC will be only myself and I have a minimum of 15 hours 

flying time with DJI equipment, all of those hours with the DJI 

Phantom Standard, and the DJI Phantom 3 4K specific models. I 

am a special events and real estate photographer with over 12

years of photography and videography experience. I am 

extremely familiar with physical, electrical and safety 

components of the DJI Phantom 4K UAS systems. Testing, 

updating and programming the DJI Phantom 3 4K firmware 

would be completed on a monthly schedule by myself.
6. Flights will be terminated when battery energy levels reach 25%,

allowing sufficient reserve flight time to safely land the UAS. If

the battery energy drops below a user specified level the UAS 

will automatically return to its takeoff point and land safely.

7. The UAS will be programmed so it will not be operated at an 

altitude that exceeds 400 feet AGL, and not more than 150 feet

above a significantly elevated geographic position from which 

videography/ photography is planned.

8. I am in good medical health and sound mental health with no 

arrests or felonies.

9. The intended use of this DJI Phantom 3 4K is to supplement my 

existing income within the electronics industry. The aerial

perspective would allow my business to provide a unique service 

to local clients and businesses not currently offered in my area

that is attractive and competitively priced.

10. All photo/video flights would have the date, time, GPS 

coordinates along with the camera metadata recorded in an inapp flight log on the mobile device serving as the in-flight 

monitor/tablet. This flight log records flight path, altitude, flight 

time, number of images shot, amount of video shot, date, time, 

and total flight distance. Each individual flight has the capability 

of playing back (in-app) in real time and is synced across devices 

via DJI’s in-app User Center.

11. Given the small size of the UAS and the restricted sterile 

environment within which it will operate, Horizon Aerial 

Photography and Videography, LLC’s operations will adhere to 

the Reform Act’s safety requirements.

12. The DJI Phantom 3 4K will never be flown in the flight path of 

manned aircraft. With the first condition listed, always keeping a 

visual line of sight, being of utmost importance to providing a 

significant level of public safety. 

In summary, I respectfully request exemption from regulations 

specified above, under Section 333 to enable Horizon Aerial 

Photography and Videography, LLC to operate efficient, limited, and 

low-risk commercial UAS operations for the activities stated above, 

respecting at all times the space and privacy of citizens and property,

while keeping airspace safe. Granting this request would be in good 

public interest by giving an opportunity for real estate photographers

and sporting event photographers to offer safer, unique views, and 

more competitively priced aerial photography to the general public.

I am willing and able to modify or amend any part of this request to 
satisfy the need for an equivalent level of safety. We look forward to 

working with your office. Please feel free to contact us at any time if 

you require additional information or clarification.

Best regards,

Horizon Aerial Photography and Videography, LLC

Attn: Anthony Espinosa

629 Sierra Circle

Davenport, FL 33837

horizonaerialfl@gmail.com

(863) 899-7754