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 Auth orization to use the system to
capture aerial photography and videography. The DJI Phantom 3 4K
syste m consists of a lightweight (2.8 lb) battery operated aircraft, a

tablet

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

associated communications e quipment. 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 C FR 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 an d personnel cost, reduced noise, and a much

sm aller 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 oper ate a DJI Phantom 3 4K with a built

- in stabilized HD camera and the following GPS safety features:

• Restricts the height Above Ground L evel (AGL) to a specified user generated height. • Restricts the radius of flight from the ground station to a user

generated distance

. • Res tricts 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 arerestored, 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 P ilot in Command (PIC) and/or ground based Visual O bserver (VO) and will operate at sites that are ‘sufficient distance’ from populated areas within the sterile area de scribed 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 I ndicator. Additional safety fea tures on the DJI Phantom 3 4K include a n automatic

return

- to

- home feature enacted upon low battery level.

2. Whe n 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 checki ng battery condition/level in the transmitter , control tablet, and UAS; a visual/oper ational check of the propellers; a visual/op erational

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

th e 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 rang e . Maximum take off 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

a m a special events and real estate photographer with over 12 years of phot ography 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 c ompleted 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 competitive ly priced

.

10. All photo/video flights would have the date, time, GPS coordinates along with the camera metadata recorded in an in

app 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 capabili ty 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. W ith 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 rea l estate photographers and sporting event photographers to offer safer

, unique views

, and

m ore competitively priced aerial photography to the general public.

I am willing and able to modify or amend any part of this request tosatisfy the need for an equi valent 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