Balloonacy, ltd. LLC

School of Applied Aerostation FAA Part 141 SU9S747J

FAA Certificated Repair Station SU9R747J

d/b/a Parts Authority, FAA Parts Manufacturing Authority PQ4173CE 

125 Redwood Circle

Fayetteville, Georgia 30214

770.719.9492 / 678.357.3271 info@balloonacyltd.com

______________________________________________________________________________________________

Repairs - - Commercial Promotions - - Flight Training

BFA Master Flight Instructor - BFA Distinguished Aeronaut

Designated Examiner SO-11-60PE, FSDO-11

December 8, 2015

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue

Washington, D.C. 20591

In Re: Petition for Exemption Under the Provisions of 14 CFR Part 11 and Section 333 of the 

FAA Modernization and Reform Act 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 CFR Part 11, Balloonacy, LLC, a Georgia Limited Liability Corporation, current holder 

of multiple FAA Air Agency certificates, and operator of small Unmanned Aircraft Systems 

(“sUAS”) equipped to conduct aerial photography hereby applies for exemptions from the below 

listed Federal Aviation Regulations to allow commercial operation of its sUASs, so long as such 

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

established by the FAA as required by Section 333.

It is Balloonacy, LLC’s intent to develop and promote a Special Course of Instruction to be 

marketed under the currently held Part 141 Air Agency certificate. It is our firm belief that 

education, both regulatory and hands-on training, will significantly enhance safety, and insure 

the appropriate and regulatory compliant operation of sUAS within the National Airspace 

System. Our course material is being developed pursuant to the guidelines of the proposed Part 

107, currently issued as a Notice of Proposed Rulemaking (NPRM).

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) 

limited, 2) predetermined, and 3) controlled in access. Approval of this exemption would 

thereby fulfill the Administrator’s responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the National Airspace System”, under Section 333 of the 

Reform Act.

Name and address of the applicant is:

Balloonacy, ltd, LLC

David W. Sullivan

125 Redwood Circle

Fayetteville, Georgia 30214

Phone: 770-719-9492 office / 678-357-3271 cell

E-mail: info@balloonacyltd.com
Regulations addressed or for which exemption is requested:

14 CFR Part 21

14 CFR 45.23 (b)

4 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203

14 CFR 91.405 (a)

14 CFR 407 (a)(1)

14 CFR 409 (a)(2)

14 CFR 417 (a) & (b)

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant Balloonacy proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed below. These limitations 

provide for at least an equivalent or possibly higher level of safety for operations under the 

current regulatory structure, because the proposed operations represent a safety enhancement to 

the already safe training operations conducted with conventional aircraft owned by this company. 

These limitations and conditions to which Applicant agrees to be bound when conducting 

commercial operations, to include both training functions as well as commercial photography, 

under the provisions of an FAA issued exemption include:

1. All flight operations will be conducted utilizing the DJI Phantom 3 sUAS, arguably the 

most commonly used sUAS on the market. This aircraft weighs 2.82 pounds / 1280 

grams with payload.

2. Flights will be operated manually within Visual Line of Sight (VLOS) of the 

Operator/Student Pilot and the Instructor Pilot/Observer.

3. Maximum flight time per flight period will be eighty (80) minutes, in twenty (20) minute 

increments, utilizing multiple batteries/power sources. Flights will be terminated at 20% 

battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet above ground level 

(AGL), in consonance with current guidance promulgated by the Federal Aviation 

Administration; however, most operations will be conducted within 75 of the ground.

5. Minimum crew for flight training missions will consist of two individuals. One 

individual will be designated as an Operator/Student Pilot; the second will be designated 

as an Instructor Pilot/Observer. The sUAS Instructor Pilot will be an FAA certificated 

pilot with a Commercial Pilot rating, for operations under the provisions of this 

exemption. The sUAS Instructor Pilot will serve as PIC for training flights. 

6. Minimum crew for photography missions will consist of two individuals. One individual 

will be designated as an Operator; the second will be designated as an Observer. The 

sUAS Operator will be an FAA certificated pilot with a Commercial Pilot rating.

7. The sUAS will only operate within an area as defined necessary for photography 

operations, or as defined within the school’s approved Special Course of Instruction. 

Additionally, the sUAS will only operate under 400 feet AGL and outside a 3 statute 
mile radius of any airport. The sUAS will never enter any MOA or restricted/prohibited 

airspace, nor shall it violate any Temporary Flight Restriction as outlined by the FAA.

8. A preflight briefing will be conducted in regard to the planned sUAS operation prior to 

each planned flight/photography/training activity. It will be mandatory that all personnel 

who will be performing duties as “flight crew”, that being defined as operator, instructor 

pilot, student pilot or observer, are present for the preflight briefing.

9. The Operator and/or Instructor Pilot will obtain the consent of all persons involved in 

photography and/or training flights, and insure that only consenting persons will be 

allowed within 100 feet of flight operations; this radius may be reduced to 30 feet based 

upon an equivalent level of safety determination.

10. The Operator and/or Instructor Pilot will have been trained in operation of sUAS 

generally and received up to date information on the particular sUAS to be operated as 

required.

11. Flight crew participants will at all times be able to communicate by voice. Written 

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

12. If the sUAS loses downlink capacity/communications, onboard systems provide for a 

return to home function; the sUAS will return to a predetermined location and land.

14 CFR Part 21, Subpart H: Airworthiness Certificates, 14 CFR §91.203 (a)(1)

With respect to the most recent guidance published by the Federal Aviation Administration, no 

airworthiness certificate is required for sUAS operations. However, discussion is warranted.

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by 14 CFR §91.203 (a)(1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 USA §44701 (f)) and the Reform 

Act both authorize the FAA to exempt aircraft from the requirement capability, and proximity to 

airports and populated areas, of the particular sUAS. In all cases, an analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate, in a restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed or rotary-wing) operating with an airworthiness certificate without 

the restrictions and conditions proposed.

The sUAS to be operated hereunder, a Phantom 3, weighs 2.82 pounds / 1280 grams in a 

standard flight configuration fully loaded, carries neither a pilot nor messenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a limited radius 

area as defined during the preflight briefing, utilizing VLOS only. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the Operator/

Student Pilot and the Observer/ Instructor Pilot, pursuant to safety requirements and under the 

requirements of and in compliance with local public safety requirements, and with security 

provided in the area of operations as is now done with conventional aircraft. Application of these 

same criteria demonstrates that there is no credible threat to national security posed by the sUAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or flammable

liquid fuels, and inability to carry a substantial external load.
14 CFR §45.23 (b), Marking of Aircraft

The current familiarization aircraft owned by this organization is already registered as N629JS, 

and is appropriately marked. Future aircraft acquired by Applicant in the furtherance of the 

training function will be similarly registered and marked.

However, the regulation requires that when registration marks, including the Roman capital letter 

“N” and the registration number, are displayed on a limited, restricted or light-sport, 

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.

Even though the subject sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no cabin entrance, nor cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAS, two inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage shell as appropriate, in compliance with 

§45.29(f).

An alternate means of compliance will be provided by having the sUAS marked on its fuselage 

as required by §45.29(f) where the operator and others working with the aircraft will see the 

identification of the sUAS as “Experimental”. The FAA has issued the following exemptions to 

this regulation in Exemptions 10700, 8738, 10167, and 10167A.

14 CFR §91.7(a), Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in an airworthy 

condition. As there will be no airworthiness certificate issued for this aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the aircraft Operating Manual for 

maintenance and the use of safety check and checklists prior to each flight, as set forth in the 

Operating Manual, an equivalent level of safety will be provided.

14 CFR §91.9(b)(2), Civil Aircraft Flight Manual, Marking, and Placard Requirements

Section 91.9 (b)(2) provides, “No person may operate a US registered civil aircraft.....(2) for 

which an Airplane or Rotorcraft Manual is 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 sUAS, 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.

An alternate means of compliance will be to retain the Operating Manual at the ground control 

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 32827, and 10700
14 CFR §91.103, Preflight Action

This regulation requires that each pilot in command take certain actions before flight to insure 

the safety of flight. As there will be no FAA approved flight manual for the aircraft, an 

exemption may be needed. The PIC will take all actions including weather information review, 

NOTAM review, flight requirements with respect to power/battery requirements, and aircraft 

performance data before the initiation of flight.

14 CFR §91.109, Flight Instruction

Section 91.103 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. SUASs, by design, 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 

Exemptions Nos. 5778K and 9862A. 

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 the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As 

this exemption is for a sUAS, Applicant requests authority to operate at altitudes up to and 

including 400 feet AGL, per current guidance for sUAS operations. As set forth herein, the 

sUAS will never operate at higher than 400 feet AGL. It will however be operated in a 

controlled area where buildings and people will not be exposed to operations without prior 

consent. 

No flight will be taken without the permission of the property owner. Because of the advance 

notice to the property owner and participants in the photography/flight training activity, all 

affected individuals will be aware of the planned flight operations as set forth in the appropriate 

Operations Manual. Compared to operations with aircraft or rotorcraft weighing far more that 

the maximum 5 lbs. proposed herein, and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently conducted with conventional aircraft operating at 

or below 500 feet AGL. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119.

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”. As the sUAS does not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An alternate means of 

compliance will be achieved by the operator pursuant to the sUAS Operating Manual and School 

Safety Check List, confirming the altitude of the launch site as shown on the GPS altitude 

indicator before flight.
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.....” The battery powering the sUAS provides 

approximately 20 minutes of reliable powered flight. Given the limitations on the sUAS’ 

proposed flight area and the location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight VFR conditions is reasonable. No night operations are 

authorized nor anticipated, per the language of the draft Part 107.

Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with 14 CFR §91.151(a)). Operating the small UAS in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will 

be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151 (a) was intended to alleviate, given the size and speed of the sUAS. 

Additionally, limiting sUAS flights would greatly reduce the utility for which the exemption will 

be granted.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

14 CFR §91.203 (a) and (b), Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in §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 (b) of this section or a special flight operation issued under §91.715 is displayed at the 

cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS to be utilized by Applicant, fully loaded, weighs less than 5 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 sUAS.

An alternate means of regulatory compliance will be achieved by keeping these documents at the 

ground control point, where the operator piloting the sUAS will have access to then, to the extent 

they are applicable to the sUAS, and upon request of the appropriate authorities. The FAA has 

previously issued numerous exemptions to this regulation. A representative sample of these 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR §91.405 (a); 407 (a)(2); and 417(a) & (b), Maintenance Inspections

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 C of this section, have discrepancies repaired as prescribed in Part 43 of this 
chapter....”. There are no required inspections, other than preflight checks, currently stipulated 

by the manufacturer; therefore, an equivalent level of safety will be achieved because these small 

UASs are very limited in size, carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the sUAS can land immediately, and will be 

operating from no higher than 400 feet AGL. As provided in the Operating Manual, the operator 

/ PIC will ensure that the sUAS is in working order prior to initiating flight and perform required 

maintenance. Moreover, the operator is the person most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

Privacy

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge, or over public lands. Image capture of people will rarely take place, but 

in the event of such, consent will be obtained prior to photography/filming, or otherwise have 

agreed to be in the where data collection may be taking place.

Airborne Image Capture

With regard to airborne filming or photo capture, Applicant will adhere to all FAA regulations. 

Further, Applicant’s training and operations personnel operate under the principles of: safety 

first, accountability, reporting and training. When approved by the FAA, Applicant’s mandate is 

to treat all sUAS operations with the same level of professionalism and accountability as that of 

conventional manned aircraft.

Approval of exemptions allowing commercial operations of sUAS in the photographic mission 

environment, as well as providing an approved, substantial training and education program will 

enhance safety by reducing risk, and increasing awareness of issues and responsibilities when 

operating in the National Airspace System. With respect to aerial photography, conventional 

filming or photo operations using large powered aircraft present the risks associated with 

vehicles weighting in excess of 2,000 pounds carrying large amounts of fuel. Such aircraft, when 

used in close proximity of the subject of a photo shoot, present hazard to persons or property that 

are difficult to mitigate to the level of acceptable risk. Conversely, the use of the sUAS for the 

same photo mission significantly reduces the immediately hazard to an almost negligible level. 

The sUAS is transported to the photo location by vehicle in a hand carried case, and is never 

flown to the location, thereby eliminating that aspect. Additionally, the sUAS will carry no 

passengers or crew, eliminating that hazard and risk exposure to those participants in the 

process.

The operation of small UASs, weighing less than 5 pounds, conducted in the manner and under 

the strict conditions outlined above, will provide an equivalent or superior level of safety 

supporting the grant of the exemptions requested herein, to include exempting the Applicant 

from the requirements of Part 21 and allowing commercial operations. These aircraft operate at 

slow speeds, close to the ground, and a relatively sterile environment, and as a result are far safer 

than similar operations which may be conducted with certificated aircraft.

The primary market of interest for Balloonacy, LLC is in the training and education of sUAS 

operators within the structure of an FAA approved program under an already existing Air 

Agency certificate authorization; a second focus is the conduct of aerial photography as a 

possible business interest within the structure of the company.
Summary

Satisfaction of the criteria as provided in Section 333 of the Reform Act of 2012 – size, weight,

speed, operating capabilities, proximity to airports and populated areas, and operation within 

visual line of sight, as well as national security – provide more than adequate justification for the 

grant of the requested exemptions allowing for commercial operation of the Applicant’s sUAS in 

the aviation training community. Balloonacy, LLC is prepared to support the FAA, as well as the 

rapidly expanding sUAS community in its endeavor to establish proper regulatory guidance and 

protocols for the safe integration of these aircraft into the National Airspace System.

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is required:

Applicant seeks exemption from the following rules: 14 CFR §21, Subpart H; 14 CFR §45.23 

(b); 14 CFR §91.7(a); 91.9 (b)(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & 

(b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); and 91.417 (a) & (b) to operate commercially a 

small unmanned aerial system (sUAS) (5 pounds or less) in aviation training and photograph 

activities/operations.

Respectfully submitted, 

David W. Sullivan

Managing Member, Balloonacy, LLC