Red Horizon

Contact: Richard J. Burgett

44201 SE Wildcat Mt. Drive

Sandy, OR 97055

Ricky.j87.rb@gmail.com

(503) 437-1655

November 2nd, 2015

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room w12-140

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 CFR Part 11, Red Horizon, a company that owns and operates Small Unmanned Aircraft 

Systems (UAS), requests to be exempted from the Federal Aviation Regulations (FAR) listed 

below so that Red Horizon may operate UAS commercially in airspace regulated by the FAA, as 

long as such operations are conducted within and under the conditions outlined herein as may be 

established by the FAA as required by section 333.

Company Background and Planned Operations

Red Horizon is an Oregon company owned by Richard J. Burgett, who has an estimated 400 

hours of experience flying UAS and is familiar with the operations and the maintenance of the 

hardware and software updates for these systems. Operations will involve collection of aerial 

imaging and sensor data to enable inspections and assessments of industrial structures, 

agricultural management and surveys, and photography and videography (e.g. real-estate and 

land imaging, as well as related land-use and project imaging services).

Equivalent Level of Safety

The requested exception would permit the operation of a lightweight (less than 55 pounds 

loaded) UAS under controlled conditions for commercial use by Red Horizon. In addition to 

federal and state training requirements, Red Horizon operators will receive a minimum of 25 

hours of UAS-specific training (10 hours of safety and regulation training, 15 hours operator 

training) followed by a minimum of 25 hours of supervised non-commercial UAS operation on a 

closed course. Additional training provided by Red Horizon, as well as the reduced risk to 

persons and property in the event of a malfunction (compared to manned aircraft) provide 

enhanced public safety and satisfy the requirements set forth in Section 333 of the Reform Act. 

All operations will be performed from a safe and appropriate distance, with the public’s safety 

and privacy ensured at all times.
UAS Devices

Red Horizon UAS(s) are battery-powered systems weighing less than 55 pounds when loaded 

with all necessary equipment. The Red Horizon fleet utilizes the DJI Inspire Series platform. The 

specifications for the specific model initially populating the Red Horizon fleet are displayed

below:

DJI Inspire 1

Type 4 Prop RC Helicopter

Weight 6.47 pounds

Flight Speed (Max) 42 knots

Flight Time 18 minutes

Camera Integrated

Red Horizon UAS(s) operate at speeds less than 50 knots, and are capable of hovering and 

moving across vertical and horizontal planes simultaneously with precision control, though much 

slower speeds are utilized for the purposes of imaging and data collection. As upgrades to UAS 

systems become available, Red Horizon intends to incorporate them where necessary after such 

upgrades have been reviewed, evaluated, and successfully implemented into Red Horizon 

operator training. 

Statutory Authority for Exemptions

Red Horizon submits this application in accordance with the Reform Act, 112 P.L. 95 331-334, 

seeking relief from any current applicable FAR’s operating to prevent Red Horizon from future 

commercial use of small UAS to operate in the national airspace system as described below. The 

Reform Act section 332 provides for such integration of civil unmanned aircraft into our national 

airspace system as it is in the public’s interest to do so. Red Horizon’s UAS(s) will meet the 

definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of 

these UAS are expressly contemplated by the Reform Act. Red Horizon would like to operate its 

lightweight UAS(s) prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in national airspace before completion of the rule making 

required under Section 332 of the Reform Act. In making this determination, the Secretary of 

Transportation is required to determine which UAS do create a hazard to users of the national 

airspace system or the public or pose a threat to national security in light of the following:

 The UAS size, speed, weight, and operational capability

 Operation of the UAS in close proximity to airports and populated areas

 Operation of the UAS within visual line of sight of the operator

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe operation in 

national airspace.”
Red Horizon utilizes multi-prop RC helicopters weighing less than 55 pounds, operates at speeds 

less than 50 knots, and are capable of hovering and moving across vertical and horizontal planes 

simultaneously with precision control. The UAS will only operate within the visual line-of-sight 

of the operator within a controlled flight area and at a maximum of 400 feet above ground level. 

Most operations will be conducted below 100 feet above ground level. These will not present a 

hazard to the national airspace or to the public.

The very small nature of these UAS combined with the risk management presented below will 

allow for the safe operation greater than that envisioned by Congress for the FAA to establish,

and by exemption allowing commercial operations of UAS to commence immediately. Also due 

to the size of UAS and the controlled areas and the low altitudes in which they will operate, 

approval of this exemption presents no national security issues and absolutely minimal safety 

concerns, which have been mitigated through our risk management process. Given the clear 

direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as utilizing UAS verses traditional aircraft as well as the economic impact greatly reducing 

the cost of aerial data and imaging acquisition thereby benefits the greater public’s interest. 

Accordingly, the applicant requests that the FAA grant the requested exemption without delay. 

Regulations for Exemption Request

Red Horizon respectfully requests the grant of an exemption to the following specific sections of 

the Title 14 Code of Federal regulations allowing it to operate lightweight UAS(s) for 

commercial use:

Regulation Brief Description

114 CFR 21, subpart 

H Air Worthiness Certificates

14 CFR 42.23 (b) Identification and Registration Marking

14 CFR 91.7 (a) Civil Aircraft Worthiness

14 CFR 91.9 (b) (2) Civil aircraft flight manual, marking, and placard requirements

14 CFR 91.103 (b) Preflight action

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests

14 CFR 91.119 Minimum safe altitudes

14 CFR 91.121 Altimeter settings

14 CFR 91.151 (a) Fuel requirements for flight in VFR conditions

14 CFR 91.203 (a)(b) Civil Aircraft: Certifications required

14 CFR 91.405 (a) Maintenance required

14 CFR 91.407 (a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration.

14 CFR 91.409 (a)(b) Inspections

A more detailed request for regulation exemptions is provided in Appendix A below.

Operational Risk Management: Conditions and Limitations

The following are our proposed procedures and limitations for the flight operations of Red 

Horizon. These proposed guidelines will be modified as such from recommendations provided 

by the FAA in conjunction with the submission of this request:
1. Flights will only occur during daylight hours.

2. Flights will be operated in the visual line-of-sight (VLOS) of the operator (PIC) and the 

visual observer (VO) using human vision with no supplemental devices other than 

corrective lenses.

3. Flights will be terminated at any time the weather and wind deteriorate to being “unsafe 

for flight” based on manufacturers recommendations and the PIC’s experience. 

Operations will follow the anticipated guidelines of this exemption (operations under 

visual meteorological conditions-CMC, and standard visual flight rules-VFR)

4. All documents, manuals, and maintenance logs associated with the UAS will be present 

on the site of operations. In addition, the credentials of the PIC will be available onsite.

5. The UAS will be assessed for airworthiness by the PIC prior to each flight session using a 

checklist derived from the manufacturer manual. All necessary calibrations and testing 

prior to the flight session will be performed.

6. The UAS will weigh less than 55 pounds with speeds will less than 87 knots.

7. Flights will be operated at 400 feet AGL or less, or as defined from the outcome of this 

request for exemption.

8. Crew will be at a minimum of the operator (PIC) and an observer and/or camera operator 

(VO). The PIC will be responsible for flying the UAS and monitoring its status and flight 

dynamics, while maintaining line-of-sight visualization and keeping the system 

operations within the specified factory limits. The VO will be involved in monitoring the 

airspace for other aircraft, the ground for unintended vehicles and bystanders, and will 

also look for additional hazards that could compromise safe operations.

9. Operator (PIC) and crew, including the VO will remain in voice contact during the entire 

flight operation.

10. Prior to operations, weather forecasts, weather radar, and air traffic patterns for the area 

will be reviewed. The proximity of the intended location with respect to airports and 

TFRs will be determined using Foreflight software on iPad or mobile phones. If 

operations are anticipated within 5 nautical miles of airport reference points, the airport 

management or Air Traffic Control (ATC) tower will be notified prior to the operation 

identifying the location, anticipated time, and the intent of flight operations. We will also 

have available a hand-held portable radio to enable monitoring of local air traffic and to 

establish, if necessary, communication with the local tower. When in the vicinity of nontowered airports, we will monitor air traffic in the area and be able to inform them of our 

operations as needed. 

11. The UAS PIC will perform a final check of the flight area and make certain of the safety 

of all persons present and property in the controlled area prior to initiating flight 

operations.

12. All UAS will have the capability to return automatically to the operator in a safe manner 

in the event of lost RC communication or a system problem. The auto-return function 

will be checked and verified for proper operation on a regular basis. A staring GPS homeposition will be established prior to continuing each new flight.

13. The UAS will have indicators on the control and/or displays to inform the operator of the 

UAS distance from the operator, its altitude and velocity, and its remaining battery 

power.

14. Written and/or oral permission from the relevant property holders will be obtained when 

flights are conducted over private or controlled access property.
Benefits to the Public as a Whole

Approval of these 333 exemptions in general would allow commercial operations of small 

UAS to provide numerous services that would benefit from aerial imaging and data 

collection while greatly enhancing safety by reducing the overall risk associated with 

traditional aircraft. Traditional aerial imaging requires large aircraft, such as helicopters, with 

flammable fuel to fly in close proximity of populated areas and people and often in suboptimal states of the height-velocity curves. With the use of small UAS of 55 pounds or less 

that are battery operated and flying below 400 feet AGL, the risk of injury of people on the 

ground or the crew is greatly minimized in comparison. The granting of the use of these 

small UAS by Red Horizon will allow companies like ours to grow and provide career 

opportunities while also enabling safe and beneficial free enterprise services that would assist 

other companies in their business and also provide enjoyment and information to the general 

public.

Red Horizon respectfully requests that the FAA grant its exemption without delay. The FAA 

has the authority to issue the exemption sought by Red Horizon pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Please contact me if I can provide additional information and clarity to help expedite the 

process.

Sincerely,

Richard J. Burgett

Red Horizon

44201 SE Wildcat Mt. Drive

Sandy, OR 97055

Ricky.j87.rb@gmail.com

(503) 437-1655
Appendix A

Regulation Brief Description Regulation Description Justification for Exemption

114 CFR 21, subpart 

H

Air Worthiness 

Certificates

Subpart H, entitled 

Airworthiness Certificates, sets 

forth requirements for 

procurement of necessary 

airworthiness certificates in 

relation to FAR 91.203(a)(1)

Given the size, weight, and 

defined area of operations 

for Red Horizon UAS flights 

permits exception from part 

21 because they meet an 

equivalent level of safety 

pursuant to Section 333 of 

the Reform Act. The UAS to 

be operated are less than 55 

pounds fully loaded and carry 

neither pilot nor passenger, 

carry no explosive materials 

or flammable fuels, and 

operates within a secured 

controlled area. 

14 CFR 42.23 (b) Identification and 

Registration Marking

The regulation requires: When 

marks include only the Roman 

capital letter "N" and the 

registration number is displayed 

on limited, restricted or light 

sport category aircraft or 

experimental or provisionally 

certificated aircraft, the 

operator must also display on 

that aircraft near each entrance 

to the cabin, cockpit, or pilot 

station, in letters not less than 2 

inches nor more than 6 inches 

high, the words "limited," 

"restricted," "light sport," 

"Experimental," or "provisional," 

as applicable.

The UAS does not carry pilot 

or passengers, and so has no 

entrance to any part of the 

system. Additionally, due to 

the size of the UAS, 2 inch 

lettering is not possible. The 

UAS will be marked 

"experimental" on the 

fuselage as required by 14 

CFR 45.23 (f) where the pilot, 

observer, and others working 

with the UAS may observe 

this marking.

14 CFR 91.7 (a) Civil Aircraft Worthiness The regulation requires that no 

person may operate a civil 

aircraft unless it is in airworthy 

condition. As there will be no 

airworthiness certificates issued 

for this aircraft, exception 

should be granted under the 

grounds that no FAA regulatory 

standard exists for determining 

airworthiness.

Given the size of the aircraft 

and the requirements 

contained in the 

Manufacturer's Operating 

Manual for maintenance and 

use of safety checklists prior 

to each flight, an equivalent

level of safety will be 

provided.
14 CFR 91.9 (b) (2) Civil aircraft flight 

manual, marking, and 

placard requirements

No person may operate a U.S.-

registered civil aircraft...(2) For 

which an Airplane or Rotorcraft 

flight manual is not required by 

21.5 of this chapter, unless there 

is available in the aircraft a 

current approved airplane or 

rotorcraft flight manual, 

approved manual material, 

markings, and placards, or any 

combination thereof.

The UAS, given its size and 

configuration has no ability 

or place to carry such a flight 

manual on the aircraft, not 

only because there is no pilot 

on board, but because there 

is no room or capacity to 

carry such an item on the 

aircraft. The equivalent level 

of safety will be maintained 

by keeping the flight manual 

at the ground control point 

where the PIC will have 

immediate access. The FAA 

has issued the following 

exemptions to this 

regulation: Exemption Nos. 

8607, 8737, 8738, 9299A, 

9565, 9565B, 10167, 10167A, 

10602, 32827, 10700.

14 CFR 91.103 (b) Preflight action This regulation requires each 

pilot in command become 

familiar with all information 

concerning that flight including 

runway distances and takeoff 

and landing distances, with this 

data provide in FAA approved 

rotorcraft flight manuals will not 

be provided for the aircraft an 

exemption will be needed.

Flight information such as 

runway distances and flight 

performance are not relevant 

to the operation of UAS. The 

equivalent action is that the 

PIC will review airspace 

considerations, weather, 

flight battery requirements, 

land and property boundaries 

with respect to takeoff and 

landing locations. Manuals 

for the UAS will be present 

on site of all operations.
14 CFR 91.109 Flight instruction; 

Simulated instrument 

flight and certain flight 

tests

This section provides that no 

person may operate a civil 

aircraft (except a manned free 

balloon) that is being used for 

flight instruction unless that 

aircraft has fully functioning dual 

controls.

UAS are remotely piloted 

aircraft, by their design they 

do not have fully functional 

dual controls. Flight control is 

accomplished through the 

use of a control box that 

communicates with the 

aircraft via radio 

communications. The FAA 

has approved exemptions for 

flight training without fully 

functional dual controls for a 

number of aircraft and for 

flight instruction in 

experimental aircraft. See 

Exemption Nos. 5778K and 

9862A. The equivalent level 

of safety can be achieved as 

neither a pilot nor passengers 

will be carried in the aircraft 

in addition to the small size 

and low speed of the aircraft.

14 CFR 91.119 Minimum safe altitudes Section 91.119 establishes safe 

altitudes for operation of civil 

aircraft. Section 91.119(d) allows 

helicopters to be operated at 

less than the minimums 

prescribed, provided that the 

person operating the helicopter 

complies with any route or 

altitudes prescribed for 

helicopters by the FAA.

This exemption is for a UAS 

that is a RC multi-prop 

helicopter with the 

exemption requesting 

authority to operate under 

400 feet AGL. The equivalent

level of safety will be 

achieved given the size, 

weight, and speed of the UAS 

as well as the location where 

it is operated. No flight will 

be taken without the 

permission of the property 

owner or local officials.
14 CFR 91.121 Altimeter settings This regulation requires each 

person operating an aircraft to 

maintain cruising altitude by 

reference to an altimeter that is 

set "...to the elevation of the 

departure airport or an 

appropriate altimeter setting 

available before departure."

The UAS typically may not 

have a barometric altimeter, 

but instead a GPS altitude 

read out, an exemption may 

be needed. An equivalent 

level of safety will be 

achieved by the operator, 

pursuant to the Manual and 

Safety Checklist, by receiving 

altitude information via a 

digitally encoded telemetric 

data feed, which downlinks 

for the aircraft to a groundbased on-screen display. This 

altitude information will be 

generated by equipment 

installed on board the 

aircraft, using GPS 

triangulation, or digitally 

encoded barometric 

altimeter, or radio altimeter, 

or any combination thereof. 

Prior to each flight, a zero 

altitude initiation point will 

be established, recorded and 

confirmed for accuracy by 

the pilot.

14 CFR 91.151 (a) Fuel requirements for 

flight in VFR conditions

Section 91.151(a) prohibits an 

individual from beginning "a 

flight in an airplane 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 - (1) 

During the day, to fly after that 

for at least 30 minutes, or (2) at 

night, to fly for after that for at 

least 45 minutes.

The battery powering the 

UAS provides between 18-22 

minutes of powered flight. To 

meet the 30 minutes reserve 

requirement in 14 CFR 

91.151, UAS flights would not 

be practical. Given the 

limitations on the UAS's 

proposed operations are 

within line-of-sight distances, 

flight durations will instead 

be determined by remaining 

battery life. Telemetry 

indicators provide an 

indication of remaining 

battery life. At 25 percent 

remaining battery life, the 

sequence to bring operations 

to completion will be 

initiated. See exemption nos. 

2689F and 5745.
14 CFR 91.203 (a)(b) Civil Aircraft: 

Certifications required

The regulations provides in 

pertinent part: (a) Except as 

provided in section 91.715, no 

person may operate a civil 

aircraft unless it has within it the 

following: (1) An appropriate 

and current airworthiness 

certificate, (b) No person may 

operate a civil aircraft unless the 

airworthiness certificate 

required by paragraph (a) of this 

section or a special flight 

authorization issued under 

section 91.715 is displayed at 

the cabin or cockpit entrance so 

that it is legible to passengers or 

crew.

The UAS fully loaded weighs 

no more than 55 pounds and 

is operated without an 

onboard pilot. As such, there 

is no ability or place to carry 

certification and registration 

documents or to display 

them on the UAS. An 

equivalent level of safety will 

be achieved by keeping these 

documents at the ground 

control point where the PIC 

will have immediate access to 

them, to the extent they are 

applicable to the UAS. The 

FAA has issued numerous 

exemptions to this 

regulation, including 

exemption nos. 9565 and 

9665.

14 CFR 91.405 (a) Maintenance required These regulations require that 

an aircraft operator or owner 

"shall have that aircraft 

inspected as prescribed in 

subpart E of this part and shall 

between required inspections, 

except as provided in paragraph 

© of this section, have

discrepancies repaired as 

prescribed in part 43 of this 

chapter...," and others shall 

inspect or maintain the aircraft 

in compliance with Part 43.

Given that these sections and 

Part 43 apply only to aircraft 

with an airworthiness 

certificate, these sections will 

not apply to the applicant. 

The operator pursuant to the 

flight manual and operating 

handbook will accomplish 

maintenance. Software and 

firmware will be maintained 

with current versions. As the 

manufacturer does not 

provide specific maintenance 

instructions, maintenance 

will be "on condition" for all 

aircraft and each aircraft will 

have a maintenance log.

14 CFR 91.407 (a)(1) Operation after 

maintenance, preventive 

maintenance, rebuilding, 

or alteration.

14 CFR 91.409 (a)(b) Inspections