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 Loon Aerial Services

UAV Photography/Videography

9032 N Cuff Road, Hayden ID 83835

loonaerial@gmail.com (208) 640-9130

U.S. Department of Transportation

Docket Operations West Building Ground Floor

Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

SUBJ: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) 

and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405(a); 14 

CFR 91.407(a)(1) 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and (b)

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, Loon Aerial Services (Anthony Woltz), Owner of an Unmanned 

Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to allow Loon Aerial Services to legally operate its DJI Phantom 3 UAS, so 

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

may be established by the FAA as required by section 333.

The proposed exemption would allow Loon Aerial Services to operate a small UAS 

under controlled conditions in FAA regulated airspace that is limited, predetermined, and 

controlled, for purposes of unmanned aerial photography and videography for public, private, or 

commercial use including but not limited to golf courses, real estate, agriculture/livestock, land 

surveying, marketing for private businesses, construction site surveys, and search and rescue 

operations. If the exemption is granted, Loon Aerial Services will conduct commercial UAS 

flights following all conditions set forth by the FAA Section 333 with emphasis on safety and 

operational requirements. 

Proposed Operations of Loon Aerial Services UAS 

 Aerial Video and Photography for public, private, or commercial use including but not 

limited to golf courses, real estate, agriculture/livestock, land surveying, marketing for 

private businesses and construction site surveys, and search and rescue operations.
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Loon Aerial Services will follow all FAA UAS Safety Operating Guidelines including but 

not limited to the following:

 The UAS will operate no more than 400 feet above ground level and within a radius of 

1000 feet of Pilot in Command (PIC) and will not exceed 35mph.

 Operations will only occur during daytime conditions abiding by Visual Flight Rules 

(VFR) within Visual line of sight (VLOS) of the UAS pilots at all times.

 Obtain permission from the owner or representative of the owner to conduct operations

o If operations occur within 500 feet of any vessel, vehicle, or structure, a safety 

assessment will be conducted.

 Flight times will be limited to 10-15 minutes per flight. Allowing 25% of total battery to 

be used to safely land the UAS. This exceeds the manufacturer's recommended minimum 

battery level parameters for “return to home” function.

 DJI Phantom 3 utilizes Global Positioning System (GPS), which will automatically land 

(return to home) the UAS in any cases where Communication between PIC and craft is 

lost or the battery levels reach a critical level. DJI Phantom 3 can also be returned home 

manually with the “return to home” button on controller.

 Contact Airports if operations are within a 5 mile radius. Advise Airports of all pertinent 

information including but not limited to: time of flight, flight duration, elevation of flight.

 Only operate UAS in safe weather conditions. Unsafe conditions include, but are not 

limited to high wind, poor visibility, low clouds or any conditions that may cause the 

pilot to lose VLOS or control of the UAS. 

This will be achieved by:

o Obtaining and reviewing weather reports prior to flight

o Procedures for a mid-flight abort in cases where weather or other factors cause 

conditions to become unsafe or dangerous. 

 Only operate in controlled environment

o Will have procedures in place to identify and avoid any hazardous areas such as 

power lines, street lights, trees, airports, densely populated areas (yellow areas on 

VFR charts)

o Will have procedures in place to abort flights that have safety breaches or 

dangerous issues.

o Will always operate UAS with 2 people, with a designated “Visual Observer”

(VO) who will also keep constant Visual Contact with UAS along with PIC. All 

VOs will complete a company training program prior to fulfilling that role.

o Will have policies that will clear the operational flight area of any non-essential 

personnel.

 We will conduct extensive preflight inspections on the UAS, utilizing procedures that 

will check integrity of all operational parts including but not limited to: propellers, 

aircraft antenna, aircraft LED lights, remote buttons, control sticks, signal strength 

between craft and remote, signal strength of GPS, battery strength. 

 We will follow guidelines of 14 CFR 61.51(b) along with our own safety operation 

procedures.

o The PIC will have a minimum of 6 hours logged operating the craft before 

commercial use, along with over 10 hours operating UAS quadcopters in various 

conditions and environments. 
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o With emphasis on safety, we will have training procedures that include 

emergency landing, evasive maneuvers and other possible dangerous scenarios 

such as yielding the right away to any airplane or helicopter that comes within 5 

miles of the operating UAS.

Loon Aerial Services requests exemptions from the specific regulations outlined below 

and any additional regulations that may technically apply to the operation of the UAS for 

purposes of acquiring photos and videos which will promote local economic growth through 

employment and tax base.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) ( 1) Subpart 

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

issuance of airworthiness certificates as required by FAR 91.203 (a) (1 ). 

Given the size and limited operating area associated UAS, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and 333 of the 

Reform Act. Federal Aviation Act (49 U.S.C.4470 1 (f)) and 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be 

at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions of proposed UAS operations.

The UAS to be operated by Loon Aerial Services is less than 55lbs. fully loaded, carries 

neither pilot, nor passengers, carries no explosive or flammable materials including combustible 

fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under 

this exemption will be controlled and monitored by both the pilot (PIC) and “Visual Observer

(VO)” as a secondary monitor for safety issues. These enhancements to current safety practices 

and regulations, which already apply to civil aircraft, provide a greater degree of safety to the 

public and property owners than conventional aircraft operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no intrinsic credible 

threat to national security posed by the UAS, 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) Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display the 
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word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, 

or pilot station. 

The physical size of the UAS does not lend itself to markings of that magnitude and 

therefore any markings would not be visible from any distance. Loon Aerial Services aircraft 

will be marked appropriately with the largest font practical.

14 CFR 61.113(a) Private Pilot Privileges and Limitations: Pilot in Command

Loon Aerial Services requests an exemption from the private pilot privileges and 

limitations of 61.113 (a) & (b): Private Pilot Privileges and Limitations: The regulation provides 

that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for 

compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an 

aircraft in connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. The UAS aircraft cannot carry passengers or property, therefore an 

exemption is needed. 

14 CFR 91.7(a) Civil Aircraft Worthiness

Loon Aerial Services request an exemption from 91.7(a) which prohibits the operation of 

an aircraft without an airworthiness certificate, since there is currently no certificate applicable to 

our operation, this regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

Loon Aerial Services request an exemption from 91.9(b)(2) which requires an aircraft 

flight manual in the aircraft, however since there are no pilots or passengers on board the aircraft 

and given its size, this regulation is inapplicable. We believe an equivalent level of safety will be 

achieved by maintaining a safety/flight manual with the UAS ground station. 

14 CFR 91.103 PIC to become familiar with specific information before each flight

Loon Aerial Services requests an exemption from 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information contained in 

the FAA approved Flight Manual on board the aircraft. As an FAA approved flight manual will 

not be provided for the UAS, an exemption will be needed. 

The equivalent level of safety will be achieved by following the DJI manufactures 

aircraft manual with comprehensive preflight checklist. Other comprehensive preflight 

information gathering and interpreting will be done by the PIC utilizing weather reports, web 
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based mapping (google earth), battery requirements, and determining safe takeoff and landing 

areas. All pertinent information will be gathered and interpreted by PIC before any flights. 

14 CFR 91.109 Flight Instruction

Loon Aerial Services requests an exemption from the 14 CFR 91.109(a) which provides 

that person may operate a civil aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functional dual controls. UAS and remotely 

piloted aircraft, by their design do not have fully functional dual controls. The control box 

communicates with the UAS through radio communications.

Equal levels of safety will be achieved based on the size and speed of UAS an equal level 

of safe training can be achieved without the “dual controls” because the UAS is unmanned and 

all essential personnel will be a safe distance away in the event of difficulties during the flight.

14 CFR 91.119 Minimum safe altitudes

Loon Aerial Services requests an exemption from the minimum safe altitude 

requirements of 14 CFR 91.119. Section 91.119 prescribes the minimum safe altitudes under 

which aircraft may not operate, including 500 feet above the surface and away from any person, 

vessel, vehicle, or structure in non-congested areas. See 14 CFR 91.119(c). Section 91.119(d)(1) 

allows for a hazard to persons helicopter complies with any routes or altitudes specifically 

prescribed for helicopters. Current FAA guidance only allows UAS to operate under 400 feet

AGL.

14 CFR 91.121 Maintain cruising altitude or flight level by reference to an altimeter

Loon Aerial Services requests an exemption from 14 CFR 91.121, which requires a 

person operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption 

is required because the UAS does not have a barometric altimeter, but the Phantom 3 software 

has a GPS altitude meter display. PIC will use display to constantly monitor altitude during the 

flight.

14 CFR 91.151(a) 

Loon Aerial Services requests an exemption from 14 CFR 91.151(a) fuel requirements 

for flight in VFR conditions. Section 91.151 states: (a) No person may begin 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 after that for at 
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least 45 minutes. The battery powering the Phantom 3 UAS provides approximately 20 minutes 

of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR 91.151 is 

therefore required. 

Equal levels of safety can be achieved by limiting flight times to approximately 10-15 

minutes or until 25% of battery life remains, whichever comes first. This is more than enough 

battery power to achieve a safe landing.

14 CFR 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a)&(b) Maintenance and inspection 

standards in reference to 14 C.F.R. Part 43.

Loon Aerial Services requests exemptions from these regulations because Part 43 and 

these sections apply only to aircraft with an airworthiness certificate, which the UAS will not 

have. 

Loon Aerial Services will achieve an equivalent level of safety because maintenance and 

inspections will be performed in accordance with the DJI Phantom 3 Aircraft Operations 

Manual.

The operator will ensure that the UAS is in working order prior to initiating flight, 

perform all required maintenance, and keep a comprehensive log of any maintenance performed 

on UAS.

The UAS small size, carrying capacity, and the fact that flight operations will only take 

place in controlled areas for limited periods of time, create less risk than the same factors 

associated with conventional fixed-wing aircraft and rotorcraft performing the same operation.

Public Interest

The current aerial photography and videography uses either fixed wing aircraft or 

helicopters which have expensive operating costs, the use of large heavy aircrafts, and manned 

flight operation introduces certain elements of risk for the public and pilot safety. Along with the 

additional risk associated with manned flight, the cost to small business owners is often 

expensive. By granting Loon Aerial Services an exemption, we will be able to provide 

photography and videography at a lower cost. This will stimulate local commerce by giving the 

small business owner access to high quality promotional media and add on services to their own

services, while also minimizing safety risks by utilizing a small unmanned UAS.

UAS Overview: Loon Aerial Services will operate the DJI Phantom 3 Professional

 Dimensions

o Size-40.36cm x 40.36cm x 19.05 x or 16inch x 16inch x 7.5inch

o Weight- 1280g total or 2lbs 13oz total
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 Speed

o Under still air maximum speed is no more than 16m/s or 35mph with a cruising 

speed of 11m/s or 25mph

 Motors

o 4 motors total

o Motor model DJI 3510

 Power

o 4480mAh 4s LiPo Lithium Polymer Battery

 Propellers

o Model DJI 1345

 Remote Controller

o DJI issued C3 remoter controller

o Operating frequency- 2.400GHz-2.483GHz

o Live Video frequency- 2.4GHz ISM (max range- 1.2 miles)

 Operation Parameters

o Loon Aerial Services will operate the UAS with visual line of sight within a 

closed off pre-determined area; With authorization of the property owner or 

representative.

DJI Phantom 3 GENERAL FEATURES

 Ready to fly

 Precision flight and stable hovering

 GPS/GLONASS positioning and auto return home

 FAA no-fly zones locked out via DJI installed software

 Onscreen real-time flight parameters

o High Definition 4k camera

o 3 Axis camera stabilization

o Adobe lens profile support

o Album synchronization

o DJI VISION APP-System requirement of Mobile Device: iOS version 6.0 or 

above/ Android system version 4.0 or above

 CAMERA

o Operating Environment Temperature- 0 degrees C to 40 degrees C

o FOV- 94 degrees/85degrees

o Sensor Size- 1/ 2.3”

o Max Resolution-4096x2162p @24/25 fps

 TRANSMITTER

o Communication Distance (open area) – CE: 2000m; FCC: 2000m

o Transmitter Power- CE: 16dBm; FCC: 20dBm

o Operating Frequency- 2.400 GHz- 2.483 GHz

o Receiver Sensitivity (1%PER) :-101dBm +/- 2dBm
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o Battery- 6000 mAh LiPo 2s

o Working Voltage- 1.2A @ 7.4V

Conclusion

The approval of this application presents no national security issues. Due to the small size of the 

unmanned UAS and the controlled environment, all proposed operations will meet or exceed the 

Reform Act’s safety requirements. Regarding the level of safety surrounding proposed 

operations and the public/economic benefit, the grant of the requested exemption is in the public 

interest for the following reasons: reduction in environmental impacts, including but not limited 

to reduced emissions and noise. For this reason, Loon Aerial Services requests that the FAA 

grant the requested exemption with minimum delay. 

Manuals and Specifications:

 DJI Phantom 3 Professional User Manual

o http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manu

al_v1.2_en.pdf

I would like to thank you for your consideration in granting the exemptions mentioned in this 

document. If additional information is required or if you have any questions, please contact 

Anthony Woltz, owner of Loon Aerial Services, at 208-640-9130 or loonaerial@gmail.com .

Respectfully,

Anthony D. Woltz