Red Horizon Contact: Richard J. Burgett 44201 SE Wildcat Mt. Drive Sandy, OR 97055
R icky. j87.rb @ gmail.com (503) 437

- 16 55

November 2 nd , 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 U nder S e ction 333 of the FAA Reform Act and Part 11 of the Federal A viation 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 H orizon, a company that owns and operates Small U nmanned 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 th e conditions outlined herein as may be established by the FAA as required by sec t ion 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 i s 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 man agement and surveys, and photog raph y and videog raphy (e.g. real

- estate and land imaging, as w ell as related land

- use and pro ject 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 addit ion 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 m inimum of 25 hours of supervised non

- commercial UAS operation on a closed course. Additional training provided by R e d Horizon, as well as the reduced risk to persons and property in the ev ent 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 syste ms weighing less than 55 pounds when lo aded with all necessary equipment. The Red Horizon fleet utilizes the DJI Inspire Series p latform. The specific ations for the specific model initially popu lating 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 beco me avail able, Red Horizon intend s to incorporate t hem where necessary after such upgrades have been reviewed, evaluated, and successfully implemented into Red Horizon operator training.

St atutory Authority for Exemptions Red Horizon sub mits 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 we ighing 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 wil l 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
ha zard 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 Congres s for the FAA to establish

, and by exemption allowing commercial opera tions 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 nationa l security issues and absolutely minimal safety

concerns , which have b een mitigated through our risk management process. Given the clear direction given in Section 333 of the R e form Act, the authority contained in the Federal Aviation Act, as utilizing UAS verses traditional aircraft as well as the economic impact greatly r educing 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 f

or Exemption Request Red Horizon respectfully requests the grant of an exemption to the following specific sections o f the Title 14 C ode of Federal regulations allowing it to op erate 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 requir e ments 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 limitatio ns 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 oper ated 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 “ unsa fe 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 document s, 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 manufa cturer 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. Fligh ts 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 operatio ns 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
fli ght 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 m ob ile 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 non

towered airports, we will monitor air traffi c 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 f light 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 GP S home

position 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

t raditional 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 sub

optimal states of the height

- velocity curves. W ith 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. T he 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 ge neral 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 c ontact 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

- 1655Appendix 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

opera tes 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 hig h, 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 requi res 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 determini ng 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 avail able 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 eac h 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 h ave 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

an d 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 th e 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 typica lly 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
d igitally encoded telemetric data feed, which downlinks for the aircraft to a ground

based 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 cruis ing 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 requir ement 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

i ndication 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 aircr aft 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 loade d 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 secti ons 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

in structions, 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