Saturn Lounge, Inc FAA 333 Exemption Request October 1, 2015

 

Saturn Loung, Inc 

N8 W22323 Johnson Dr 

Waukesha, WI 53186 

262-821-3999 

jim.kohlhardt@saturnlounge.com

Federal Aviation Administration

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Saturn Lounge, Inc 

and president James Kohlhardt hereby apply for an exemption from Federal Aviation Regulations (FARs) detailed 

below to allow for commercial operations of small unmanned aerial systems for the primary purpose of aerial 

photography and video. 

Saturn Lounge will offer safe, low altitude, and cost effective aerial imaging to the communities we serve. A variety 

of industries will benefit; Home Real Estate, Commercial Real Estate, Advertising & Marketing, Land Development, 

Construction, and Property Inspections. 

Saturn Lounge will operate a DJI Phantom 2, a small unmanned aerial system (sUAS) equipped with advanced 

flight control systems, high definition camera and gimbal, and advanced safety features. The sUAV will be operated 

by a responsible PIC (pilot in command) and VO (visual operator), in turn offering a safe and valuable experience to 

our clients. 

1. DJI Phantom 2 has a maximum takeoff weight of 1300 grams and thus offers a lightweight, small and compact 

video platform compared to manned aircraft.

2. DJI Phantom 2 offers significant safety, noise, emission, security and environmental benefits not available to 

larger manned aircraft. 

3. DJI Phantom 2 has numerous safety features such as failsafe mode, automatic landing should signal between 

PIC and UAS be interrupted, GPS based altitude and distance locks, flight limiting features and low battery 

warnings. 

4. DJI Phantom 2 safety features are addressed in more detail in the attached DJI Phantom 2 user manual. 

The safe operation of the UAS will be the first priority before, during and after every operation. 

1. All sUAS operations will be conducted at Visual Line Of Sight (VLOS) at no more than 200 feet AGL. 

2. No sUAS operations will be conducted within 5 NM of an airport and will be in FAA class G airspace.

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Saturn Lounge, Inc FAA 333 Exemption Request October 1, 2015

3. No sUAS operations will occur directly over densely populated areas, un-approved government buildings, 

power lines, or major roads. 

4. All sUAS operations will take place during daylight hours under conditions equivalent to Visual Flight Rules 

(VFR) with the UAS no more than 1000 ft from the PIC. 

5. All sUAS operations will have a PIC and VO present and all operations will be within visual line of sight (VLOS) 

of both the PIC and VO. 

6. PIC and VO will be able to verbally communicate at all times. 

7. The UAS will yield to all manned aircraft at all times. 

8. All required permits and permissions will be obtained from local and state government should 

they be required. 

9. A pre-flight inspection by the PIC will be performed prior to each flight to assure that the UAS is 

safe for flight. A post-flight inspection will also be performed as an added level of safety. 

10. Full aircraft inspections will be completed in accordance with manufactures instructions. 

11. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in any 

condition that could pose a hazard to any other aircraft or structure or person on the ground. 

12. The sUAS will not be operated at a battery level below 20%. 

13. Prior to all UAS operations a pre-flight meeting will be held by the PIC to determine the parameters of flight in a 

given location, any hazards present, weather conditions, safety 

procedures at the specific location and approximate duration and route of flight. 

14. The PIC will have a minimum of 10hrs flying time and operated at least 50 individual flights of 

similar sUAS multi-rotor aircrafts. 

It is my belief that small unmanned aerial systems, used by experienced and responsible operators, following the 

policies outlined above, operating in privacy conscious way; will in turn offer aerial imaging to the general public in 

ways that are more cost effective, safe, and efficient than the traditional methods of manned aircraft. 

I respectfully request the FAA to grant an exemption to Saturn Lounge, Inc, for commercial UAS aerial photography 

operations under the Reform Act of 2012. 

If any procedures, policies, or content of this request do not meet the requirements of an exemption, it is Saturn 

Lounge’s intention to adjust its policies in accordance to the FAA’s requirements outlined in the granted exemption. 

Sincerely, 

James Kohlhardt, President 

Saturn Lounge, Inc 

N8 W22323 Johnson Dr 

Waukesha, WI 53186 

262-821-3999 

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Saturn Lounge, Inc FAA 333 Exemption Request October 1, 2015

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Saturn Lounge, Inc, requests an exemption from the following regulations as well as any additional regulations that 

apply to the operation of DJI Phantom 2 or similar sUAS’s for the purpose of aerial photography and video. 

14 C.F.R. 61.113(a) and (b) 

Saturn Lounge, Inc will use specially trained staff to conduct the sUAS operations. While these individuals will 

not hold commercial pilot licenses, they will have at least 10hrs of flying time, have conducted at least 50 

individual flights and read sUAS manufactures manuals and operating procedures. In addition each PIC and 

VO will be required to sign a document confirming the understanding of Saturn Lounge, Inc operating and 

safety policies and the granted Saturn Lounge, Inc exemption. The sUAS will not carry property for 

compensation or hire since they will be used solely to provide our clients with aerial imaging. Without an 

exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk 

associated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will 

fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and 

within a geographical envelope under the sole control of Saturn Lounge, Inc clients. Requiring a commercial 

pilot certificate would provide no appreciable safety benefit and would needlessly impose additional cost on 

Saturn Lounge, Inc. Because the contemplated operations would not comply with §61.113(b)(1) and none of the 

other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b). 

14 CFR Part21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental 

certificate be issued for the UAS operated by the applicant under either or both of the following provisions: 

21 .191 Experimental certificates.

Experimental certificates are issued for the following purposes: 

Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft 

installations, new aircraft operating techniques, or new uses for aircraft. 

Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the 

airworthiness regulations including flights to show compliance for issuance of type and supplemental type 

certificates, flights to substantiate major design changes, and flights to show compliance with the function and 

reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate would permit our 

commercial purpose as well. 

The aircraft will not carry persons or property and will only fly under strict operational requirements. As Saturn 

Lounge, Inc’s sUAS also carries no combustible fuel, weighs less than 1300 grams and is constructed primarily 

of plastics and composites, we propose the UAS is at least as safe, if not significantly safer than conventionally 

certified aircraft used within similar parameters. 

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Saturn Lounge, Inc FAA 333 Exemption Request October 1, 2015

If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption 

of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft 

and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew.” 

As the sUAS is too small to carry documentation, does not have an entrance and does not carry a crew, we 

propose the following in order to meet the intent of 91.203 and provide an equivalent level of safety. All 

documents deemed appropriate by the FAA for this aircraft will be located at the operational ground station for 

each flight in proximity to the PIC and VO and will be available for inspection on request. In order to identify the 

aircraft, we propose to use the manufacturer’s model and production codes located on the aircraft as well as a 

Saturn Lounge, Inc logo affixed to the aircraft as well. 

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

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in 

the aircraft. The intent of this requirement is to ensure that flight manual information is available to the aircrew 

while operating the aircraft. 

Saturn Lounge, Inc requests an exemption to this requirement as the UAS cannot, given its size, carry the flight 

manual. To meet an equivalent level of safety, we propose to have the current manufacturer’s flight manual and 

the Saturn Lounge, Inc flight manual at the operational ground station of each flight, available to both the PIC 

and VO. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet 

to any person, vessel, system, or structure. Since the UAS will be operating at a maximum 200 feet AGL, we 

cannot comply with this requirement and thus ask for an exemption. In order to provide an equivalent level of 

safety, we propose the following. 

The UAS will only be operated within VLOS of the PIC and VO at a maximum range of 1000 feet from the 

ground station. 

A preflight safety risk assessment will be completed prior to each flight to ensure the UAS is in a condition for 

safe flight and that the planned operation can be completed safely. Saturn Lounge, Inc Flight Manual and PreFlight Checklist is included as Appendix A and Appendix B. 

The UAS will not be operated within 5 NM of any airport and will only be operated with the consent of property 

manager and/or owner. 

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Saturn Lounge, Inc FAA 333 Exemption Request October 1, 2015

14 CFR 91.121 Altimeter settings. 

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 nautical miles of the aircraft. 

The UAV will always be flying below 200 feet AGL within VLOS of the PIC and VO that will provide separation 

from terrain, structures and other aircraft. Also, the UAS will continually transmit an AGL reading back to the 

controller at the ground station and the AGL lock in the UAS’s software will be set to 400 feet, providing an 

equivalent level of safety. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there 

is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

The UAS is smart battery powered and continually transmits battery charge information back to the ground 

station to be evaluated by the PIC who will return the UAS back to the ground station prior to the battery 

showing 20% remaining capacity. We feel that this combined with the fact that the UAS will have a maximum 

range of 1000 feet from the ground station provides an equivalent level of safety. 

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b) Maintenance, 

Preventive Maintenance, and Alterations. 

We propose that the PIC perform maintenance and inspection and “be authorized to approve the aircraft for 

return to service.” As provided for in Appendix A, the PIC will inspect the aircraft prior to every flight to ensure it 

is in airworthy condition. A maintenance check will also be performed at intervals instructed by the 

manufacturer, DJI. Any general maintenance and repair or replacement of components will be completed by the 

PIC following the manufacturer’s recommendations and documented in accordance with 91.417. In any case 

where the UAS cannot be returned to service by the PIC, or is suspected to be unsafe, the UAS will not be 

operated until returned to all manufacturer specifications. We feel that due to the simplicity, size, robustness 

and construction of the aircraft, the PIC can assure an equivalent level of safety. 

8900.227 Paragraph 16(cXa) PIG Medical. and Paragraph 16(eX1) Observer Medical 

This policy provides that both the PIC and observer must have a valid FAA second-class medical certificate 

issued under part 67 in order to perform as a pilot or observer. We feel that requiring the PIC and VO to meet 

the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary 

burden. 

Since the UAV is of small size, unmanned, has an auto return home feature, will be operating at low altitudes, 

will not operate over a densely populated area, and required to be in VLOS of the IC and VO at all times, we 

feel both the PIC and VO requiring vision corrected to 20/20 and a valid state issued driver’s license supports 

medical requirements. 

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Saturn Lounge, Inc FAA 333 Exemption Request October 1, 2015

APPENDIX A

Saturn Lounge, Inc Flight Parameters and Restrictions 

 1. All flights will occur in FAA Class G airspace at no more than 200 feet AGL and no further than 1000ft from 

the PIC. 

 2. The sUAS will not be flown faster than 40mph or as limited by FAA regulations. 

 3. All operations will utilize a PIC and VO with the PIC and VO able to communicate verbally at all 

times. 

 4. All operations will occur only during daylight hours and in weather conditions equivalent to VFR. 

 5. All operations will occur at VLOS from the PIC and VO. 

 6. The PIC and VO will have a pre-flight meeting at the site of the operation just prior to the flight 

to assess weather, area of operation, topography, flight time, route, hazard mitigation and overall 

operational and safety parameters. Also during this meeting, the pre-flight aircraft checklist (see Appendix 

B) will be implemented. 

 7. PIC is responsible for maintaining an established safe emergency landing plan if at any time during the 

operation conditions become unfavorable due to unforeseen hazards, safety concerns, or weather. 

 8. All operations will be reviewed prior to flight and conducted with the full permission of the property owner or 

manger. 

 9. Flight planning will include the termination of the flight with 20% battery remaining, as determined by the 

data link between the UAS and ground station. 

 10. The UAV will at all times give way to manned aircraft. 

 11. Prior to every flight, a highly visible launch banner will be placed at the site of the ground station 

to allow an outside observer to determine the location of the UAS’s origin and command point. 

 12. All permits required by state and local governments will be obtained prior to any operations. 

 13. No flight operations will occur without a successful pre-flight inspection by the PIC before each 

flight to determine that the UAS is in a condition for safe flight. 

 14. At the conclusion of each flight a post-flight inspection will be done to assess the condition of 

the UAS. 

 15. A full aircraft check will be performed in accordance with manufactures instructions. 

 16. Replacement of parts shall only be done according to manufacturer’s instructions. 

 17. All flight operations will be logged in a flight logbook. 

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Saturn Lounge, Inc FAA 333 Exemption Request October 1, 2015

 18. All maintenance done and inspections performed will be lodged in a maintenance log. 

 19. Check for software updates weekly and upload to UAS as needed to continually keep the UAS 

software as current as possible. 

APPENDIX B

Saturn Lounge, Inc Pre-Flight Checklist 

 1. Ensure the area identified for flight is considered FAA Class G airspace, winds conditions are less than 

15mph, and weather conditions are favorable. 

 2. Identify all potential obstructions and safety hazards in or near the area planned for flight. 

 3. Inspect all propellers for proper tightness and that they are free of cracks, dings, chips and 

excessive wear. 

 4. Inspect all wiring and motors. 

 5. Inspect the airframe for cracks or damage. 

 6. Inspect battery voltage of UAS on-board battery and Remote Controller/Transmitter battery to 

ensure there is sufficient energy in both systems for safe flight. 

 7. Turn off wifi wireless on all devices located the person or within 10ft of the PIC and VO. 

 8. Recalibrate compass according to manufacturer’s instructions. 

 9. Always turn on Remote Controller/Transmitter before turning on UAS battery. 

 10. Ensure that a link between Transmitter and UAS is established and that GPS link is established. 

 11. Engage throttle, lift aircraft off the ground and verify the aircraft responds properly to all inputs 

and hovers accurately. 

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