September 16, 2015 

U. S. Department of Transportation 

Docket Operations West Building Ground Floor, Room W12-140 1200 

New Jersey Ave, SE 

Washington, DC 20590 

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

Dear Sir or Madam, 

I, Fred Pflaum, owner of Whirligigz LLC, am writing pursuant to the FAA Modernization and 

Reform Act of 20 12 and the procedures contained within 14 C. F. R. 11, to request that Whirligigz 

LLC a photography business specializing in Real Estate, Sports, Boats & Yachts, Weddings, 

Inspection and Landscape be exempted from the below so that we may operate a small ultralightweight unmanned aircraft system. 

As described here I, Fred Pflaum, am chief photographer I videographer at Whirligigz LLC, 

which has acquired a OJ/ Phantom 3 Professional with FPV HD Video Camera with intent to 

operate it for commercial aerial photography I videography following exemption and approval by 

the FAA. I currently hold an FAA private pilots certificate #1 04405919 that was issued in 1982. 

Exemption request would permit operation of ultra-light weight, unmanned (piloted by remote 

control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace 

photographing or video graphing within property boundaries for individual property owners with 

their permission as well. 

I, Fred Pflaum, owner of Whirligigz LLC, will detail in this petition the specific regulations for 

which we seek relief, offering alternate and equivalent ways of providing a level of safety at least 

equal to the existing rules. This petition focuses on public safety and public benefit. 2 

I. Contact Information: 

Fred Pflaum, 

Whirligigz LLC 

POB 163 

Kattskill Bay 

New York 12844 

Phone: 518-577-2447 

Email: fbovant@gmail.com 

II. The specific sections of title 14 of the code of federal regulations from 

which Whirligigz LLC requests exemption are: 

14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a); 

91.9(b) (2); 91.1 03(b); 91.1 09; 119.121; 91.151 (a); 91.203(a)&(b); 91.405(a); 91.407(a) (1 ); 

91.409(a) (2); 91.417(a)&(b) 

Ill. The extent of relief Whirligigz LLC seeks and the reason he seeks such 

relief: 

/, Fred Pflaum, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 

331334, seeking relief from any currently applicable FARs operating to prevent Whirligigz LLC's 

contemplated commercial use of an sUAS for photography and videography use within the 

national airspace system. The Reform Act in Section 332 provides for such integration of civil 

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unmanned aircraft systems into our national airspace system as it is in the public's interest to do 

so. Our ultra lightweight sUAS meets the definition of "small unmanned aircraft" as defined in 

Section 331 and therefore the integration of my ultra lightweight sUAS is expressly 

contemplated by the Reform Act. We would like to operate our ultra lightweight sUAS prior to 

the time period by which the Reform Act requires the FAA to promulgate rules governing such 

craft. Allowing such will provide direct experience and valuable information for formal regulation 

that can be administered uniformly to other sUAS-related activities for aerial video and 

photography. 

The Reform Act guides the Secretary in determining the types of sUAS's that may operate 

safely in our national airspace system. Considerations include: The weight, size, speed and 

overall capabilities of the sUAS's; Whether the sUAS will be operated near airports or heavily 

populated areas; and, Whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). 

Each of these items reflects in favor of an exemption for Whirligigz LLC. Our sUAS utilizes four 

(4) counter-rotating propellers for balance, control and stability. Our sUAS is equipped with GPS 

and auto return, fail-safe safety technology, and weighs approximately three (3) pounds (far 

below the maximum 55 pounds limit); including camera with gimbal. 3 

Whirligigz LLC considers safety to be the most important requirement for each and every flight. 

Our small-unmanned aircraft is designed to hover in place via GPS and operate in less than a 

24 knots (15mph) wind. For safety, stability and fear of financial loss, we will not fly in winds 

exceeding 16 kph (10 mph). Built-in safety systems include a GPS mode that allows my sUAS 

to hover in place when radio controls are released. With three modes to choose from, we utilize 

the GPS mode for aerial videographylphotography. This is the safest, most reliable and stable 

mode to prevent accident and hazard. When pilot communication is lost, the sUAS is designed 

to go into a Fail-Safe mode and slowly return-to-home; i.e., within 3 meters of the point of take 

off. In accordance with FAA regulations, we do not operate our sUAS near airports, within 

temporary flight restricted areas, near hospitals or sporting event areas, near special security 

areas, and do not operate near areas where general public is anywhere within 150 feet. With an 

observer always present, we are constantly on alert for both people on the ground and manned 

aircraft in the air, and prepared to land/abort immediately to the nearest and safest ground point 

should a manned aircraft approach my location or I suspect manned aircraft may approach near 

my location. 

We do not believe in taking any risk that may cause any harm or crash that could create a 

hazard to the public, to property and to manned aircraft, and have no desire to lose an 

investment. We have recorded in excess of 300 practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization with the characteristics of this 

specific sUAS's performance under different temperature and weather conditions. We also 

practice computerized simulated flights to maintain adequate skills and response reflex time. 

WhirligigzLLC chief pilot will be me, Fred Pflaum, owner of WhirligigzLLC. I am currently hold an 

FAA Private Pilots Certificate #104405919. I am extremely cautious when operating our sUAS I 

ultra-lightweight unmanned aircraft. My Phantom 3 sUAS, used in hobby flight, has a 

demonstrated safety record and does not pose any threat to the general public. 

IV. How Whirligigz LLC request will benefit the public as a whole: 

The operation of small sUAS, weighting less than 551bs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far safer than conventional operations 

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conducted with traditional aircraft which pose a safety risk. There are no personnel on board the 

sUASs and therefore the likelihood of death or serious bodily injury is significantly diminished. 

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

consent and knowledge. Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where filming will take place. Whirligigz LLC will provide 

an equivalent or better level of safety as that achieved under the current FAR's. 

Our ultra lightweight sUAS is battery powered and creates no emissions that can harm the 

environment. The consequence of our ultra lightweight sUAS crashing is far less than a full size 

helicopter or fixed wing 4 aircraft; which are heavy, contain a pilot, many gallons of combustible 

fuel and can cause catastrophic devastation to the public. The Smart Battery employed in 

Phantom 3 provides immediate visual awareness and percent battery charge remaining as well 

as similar information during flight through Ground Control Station. 

Granting Whirligigz LLC exemption request furthers the public interest through visual awareness 

of the geographical benefits in and around the Lake George New York area. In furtherance of 

the public's interest, we would also make our services available on a volunteer/no-cost basis to 

local Not-for-Profit I Search and Rescue I Fire Fighting organizations. 

\1. Reasons why Whirligigz LLC exemption will not adversely affect safety 

or how the exemption will provide a level of safety at least equal to existing 

rule: 

Whirligigz LLC proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

aerial photography and cinematography filming operations conducted with conventional aircraft. 

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

commercial operations under an FAA issued exemption include: 

1 . The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet 

above an elevated platform for which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Commercial Pilot and the Visual 

Observer. 

6. sUAS Pilot will also meet the flight review requirements specified in 14 C.F.R 61.56 in an 

aircraft in which the Pilot is rated on his or her pilot certificate. 

7. The sUAS will only operate within a confined sterile closed-set area with a set safety 

perimeter, the boundaries of which will be determined by production personnel based on the 

site-specific filming activities and speed of the sUAS required for the operation, and coordinated 

with the jurisdictional FAA FSDO and local government officials as applicable. 

8. A briefing will be conducted in regards to the planned sUAS operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing. 

9. The sUAS Pilot will ensure this safety perimeter that only consenting production personnel 

will be allowed within 1 00 feet of the sUAS operation by not permitting anyone who had not 

been briefed or whom is not involved in production to be in the closed-set area. 

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

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11. If applicable, all required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcements, fire, or other appropriate 

governmental agencies. 

12. The sUAS will have the capability to abort flight in case of unpredicted obstacles or 

emergencies. 

13. PREFLIGHT CHECKLIST 

a. Remote controller, aircraft battery, and mobile device are fully charged. 

b. Propellers are mounted correctly and firmly. 

c. Micro-SO card has been inserted if necessary. 

d. Gimbal is functioning as normal. 

e. Motors can start and are functioning as normal. 

f. DJI Pilot app connected to the aircraft. 

14. TO REGAIN CONTROL AFTER LOST RADIO CONTACT: If radio contact is lost and not 

restored within 3 seconds, an automatic Return to Home feature is activated and will bring the 

sUAS back to the Pilot. 

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 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 U.S.C.§44701 (f)) and Section 

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 sUAS. In all cases, an analysis of 

these criteria demonstrates that the sUAS 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 proposed. The sUAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, 

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

and under the requirements and in compliance with local public safety requirements, to provide 

security for the area of operation as is now done with conventional filming. The FAA will have 

advance notice of all operations. These safety enhancements, which already apply to civil 

aircraft operated in connection with motion picture and television production, provide a greater 

degree of safety to the public and property owners than conventional 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 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 C.F.R. § 45.23 (b). Marking of the Aircraft 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. Even though the sUAS 

will have no airworthiness certificate, an exemption may be needed as the sUAS will have no 

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entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. 

Given the size of the sUAV, two-inch lettering will be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, 

observer and others working with the sUAS will see the identification of the sUAS as 

"Experimental." The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167 A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have no less than 40 

hours of flight time with the sUAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing on board. The area of operation 

is controlled and restricted, and all flights are planned and coordinated in advance. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

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

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

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

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, as 

set forth in Sections J, Land Q, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 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 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. The equivalent level of safety will be maintained by keeping 

the flight 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,9565,95658, 10167, 10167A, 10602,32827,and 10700 

14 C.F.R. § 91.103: Preflight action 

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

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 

14 C.F.R. §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 and remotely piloted aircraft, by their 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 

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experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 C.F.R. §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 that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS 

will never operate at higher than 400 AGL with the exception that in circumstances where the 

sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the 

sUAS will not be operated more than 1 00' above the highest point on the structure. It will 

however be operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their pre-obtained consent. The equivalent level of 

safety will be achieved given the size, weight, speed of the sUAS as well as the location where 

it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in the filming 

activity, all affected individuals will be aware of the planned flight operations. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed 

herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL in the movie 

industry. 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 C.F.R. §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 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 safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 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 after that for at least 45 minutes." 

The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the sUAS's proposed flight area 

and the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption 

from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 1 0673 

(allowing Lockheed Martin Corporation to operate without compliance with FAR 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 small UAS. Additionally, limiting sUAS flights to 10 

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minutes would greatly reduce the utility for which the exemption will be granted. Applicant 

believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 

25% of battery power- whichever happens first. This restriction would be more than adequate 

to return the sUAS to its planned landing zone from anywhere in its limited operating area. 

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

1 0673, and 1 0808. 

14 C.F.R. §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 (a) of this section or a special flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs 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 equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the sUAS will have immediate access to them, to 

the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 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 ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will 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. The operator will 

ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. 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. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the sUAS Manufacturer's 

Manual, as referenced in the Aircraft OperationsManual. As provided in the Operations Manual, 

the operator will ensure that the sUAS is in working order prior to initiating flight and perform 

required maintenance needed. 

Privacy 

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

consent and knowledge. 

Summary 

Whirligigz LLC is seeking exemption from the following rules: 14 C.F.R. Part 21 subpart H; 14 

C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 

119.121; 91.151 (a); 91.203(a)&(b); 91.405(a); 91.407(a) (1 ); 91.409(a) (2); 91.417(a)&(b) 

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Approval of the above exemptions allowing commercial operations of small UASs in the service 

of aerial photography will greatly enhance safety by reducing the overall risk associated with 

traditional aircraft. Traditional aerial photography requires large aircraft weighing thousands of 

pounds and carrying hundreds of pound of fuel presenting a significant risk to life and property. 

With Whriligigz LLC use of small UASs weighing less than 55 lbs, powered by batteries and 

operating at or below 400 AGL they virtually eliminate all of the risk associated with traditional 

aerial photography. The UASs will carry no people thereby eliminating the exposure to the risks 

associated with flying while accomplishing the same task in a much safer manner. 

Granting Whirligigz LLC the above exemptions will allow for the expansion of UAS systems into 

the future, in a professional, safety conscious culture steep in the tradition of Aviation. 

Whirligigz LLC respectfully requests that the FAA grant its exception without delay. The FAA has 

the authority to issue the exemption sought by Whirligigz LLC pursuant to the Federal Aviation 

Act, 85 P.L. 726 (1958}, as amended (the "Act"}. 

The FAA has previous granted identical exemptions under factual circumstances virtually 

identical to Petitioners (See Application of Hunter Colin Thain owner of Shot Hunters Media LLC 

and Exemption No. 12827 Regulatory Docket No. FAA-2015-2475}. 

Sincerely, 

Fred Pflaum 

POB 163 

Kattskill Bay 

New York 12844 

-;t~; 

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