September 16, 2015 U. S. Department ofTransportation Docket Operations West Building Ground Floor, Room W12-140 1200 New JerseyAve, SE Washington, DC 20590

Exemption Request Section 333 ofthe FAA Reform Act ofthe Federal Aviation Regulations

Dear Sir or Madam, I, FredPflaum, ownerof Whirligigz LLC, am writingpursuant to the FAA Modernization and ReformActof20 12 and the procedures contained within 14 C.

### F.R. 11, to request that Whirligigz LLCa photographybusiness specializing in Real Estate, Sports, Boats 

### & Yachts, Weddings, Inspection andLandscape be exemptedfrom the belowso that we mayoperate a smallultralightweight unmannedaircraftsystem. As describedhere I, Fred Pflaum, am chiefphotographer

### I videographerat Whirligigz LLC, which has acquireda OJ/Phantom 3 Professional with FPVHD Video Camera with intent to operate itforcommercialaerialphotography

### I videographyfollowing exemption andapprovalby the FAA. I currentlyholdan FAA privatepilots certificate #104405919 that was issuedin 1982. Exemption request wouldpermitoperation ofultra-light weight, unmanned (pilotedbyremote control) andcomparativelyinexpensive UAS(s) in tightlycontrolledandlimitedairspace photographing orvideo graphing within propertyboundaries forindividualpropertyowners with theirpermission as well. I, FredPflaum, ownerof Whirligigz LLC, willdetailin thispetition the specific regulations for which we seekrelief, offering alternate andequivalent ways ofproviding a levelofsafetyatleast equal to the existing rules. This petition focuses onpublicsafetyandpublic benefit. 

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## I. Contact Information: Fred Pflaum, Whirligigz LLC POB 163 Kattskill Bay NewYork 12844 Phone: 518-577-2447 Email: fbovant@gmail.com



## II. The specific sections oftitle 14 ofthe code offederal regulations from which Whirligigz LLCrequests 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); 91.103(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)



## Ill. The extentofrelief Whirligigz LLCseeks and the reason he seeks such relief: /, Fred Pflaum, submit this application in accordance with the ReformAct, 112 

### P.L. 95 §§ 331334, seeking relieffrom anycurrentlyapplicable FARs operating to prevent Whirligigz LLC's contemplatedcommercialuse ofan sUAS forphotographyand videography use within the nationalairspace system. The ReformActin Section 332provides forsuch integration ofcivil

1unmannedaircraftsystems into ournationalairspace system as itis in the public's interest to do

so. Ourultra lightweightsUAS meets the definition of"small unmannedaircraft"as definedin Section 331 andtherefore the integration ofmyultra lightweightsUAS is expressly contemplatedbythe ReformAct. We wouldlike to operate ourultra lightweightsUASpriorto the time periodby which the ReformActrequires the FAA to promulgate rules governing such craft. Allowing such willprovide directexperience and valuable information for formal regulation thatcan be administereduniformly to othersUAS-relatedactivities foraerial video and photography. The ReformActguides the Secretaryin determining the types ofsUAS's thatmayoperate safelyin ournationalairspace system. Considerations include: The weight, size, speedand overallcapabilities ofthe sUAS's; Whether the sUAS willbe operatednearairports orheavily populatedareas; and, Whether the sUAS willbe operatedbyline ofsight. 112

### P.L. 95 § 333 (a). Each ofthese items reflects in favor ofan exemption for Whirligigz LLC. OursUAS utilizes four (4) counter-rotatingpropellers forbalance, controlandstability. OursUAS is equipped with GPS andauto return, fail-safe safetytechnology, andweighs approximatelythree (3) pounds (far below the maximum 55pounds limit); including camera with gimbal. 

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Whirligigz LLC considers safety to be the mostimportantrequirement for each andeveryflight. Oursmall-unmannedaircraftis designed to hoverin place via GPSandoperate in less than a 24 knots (15mph) wind. Forsafety, stabilityandfearoffinancial loss, we willnotflyin winds exceeding 16 kph (10 mph). Built-in safetysystems include a GPS mode thatallows mysUAS to hoverin place when radio controls are released. With three modes to choose from, we utilize the GPS mode foraerial videographylphotography. This is the safest, mostreliable andstable mode to preventaccidentandhazard. When pilotcommunication is lost, the sUAS is designed to go into a Fail-Safe mode andslowlyreturn-to-home; i.e., within 3 meters ofthe pointoftake off. In accordance with FAA regulations, we do notoperate oursUAS nearairports, within temporaryflight restrictedareas, nearhospitals orsporting eventareas, nearspecial security areas, anddo notoperate nearareas where generalpublic is anywhere within 150 feet. With an observeralwayspresent, we are constantlyon alertforbothpeople on the groundandmanned aircraftin the air, andprepared to land/abortimmediately to the nearestandsafestgroundpoint shoulda mannedaircraftapproach mylocation orIsuspectmannedaircraftmayapproach near mylocation. We do notbelieve in taking anyrisk thatmaycause anyharm orcrash thatcouldcreate a hazard to the public, to propertyandto mannedaircraft, andhave no desire to lose an investment. We have recordedin excess of300practice flights in remote areas as a hobbyist simulating flights for future commercialuse to gain familiarization with the characteristics ofthis specific sUAS'sperformance underdifferent temperature and weatherconditions. We also practice computerizedsimulatedflights to maintain adequate skills andresponse reflex time. WhirligigzLLC chiefpilot willbe me, Fred Pflaum, ownerof WhirligigzLLC. I am currentlyholdan FAA Private Pilots Certificate #104405919. Iam extremelycautious when operating oursUAS

### I ultra-lightweightunmannedaircraft. MyPhantom 3 sUAS, usedin hobbyflight, has a demonstratedsafetyrecordanddoes notpose anythreat to the generalpublic.



## IV. How Whirligigz LLC request willbenefit 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 grantof 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 saferthan conventional operations

2conducted 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 underthe 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 orfixed 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 interestthrough visual awareness of the geographical benefits in and around the Lake George NewYork 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 willnotadverselyaffectsafety

orhow the exemption willprovide a levelofsafetyatleastequal to existing rule: Whirligigz LLC proposes that the exemption requested herein applyto civil aircraftthat have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safetyto operations underthe current regulatory structure because the proposed operations represent a safety enhancementto 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 feetAGL or, not more than 200 feet above an elevated platform for which filming is planned. 5. Minimum crew for each operation will consist ofthe sUAS Commercial Pilot and the Visual Observer. 6. sUAS Pilot will also meetthe 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 ofwhich will be determined by production personnel based on the site-specific filming activities and speed ofthe sUAS required for the operation, and coordinated with thejurisdictional 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 mandatorythat 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 100 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.

311. If applicable, all required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, 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 CONTROLAFTER 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 bytheApplicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis of these criteria demonstrates thatthe 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 underthis 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 nowdone with conventional filming. The FAAwill have advance notice of all operations. These safety enhancements, which already applyto civil aircraft operated in connection with motion picture and television production, provide a greater degree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese

same criteria demonstrates that there is no credible threat to national security posed bythe sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inabilityto 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

4entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe 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 ofthe 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 offlight 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 mayoperate 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 ofthe aircraft for maintenance and use of safety check lists prior to each flight, as setforth in Sections J, Land Q, an equivalent level of safetywill be provided.

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

Section 91.9 (b) (2) provides: No person mayoperate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis 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 atthe 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 mayoperate 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

5experimental aircraft. See Exemption Nos.5778K 

### &9862A. The equivalent level of safety provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe 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 bythe FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authorityto 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 higherthan 400AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feetAGL, the sUAS will not be operated more than 100' 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 ofthe sUAS as well as the location where it is operated. No flight will be taken without the permission ofthe 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 lessthan those presently presented with conventional aircraft operating at or below 500 AGL in the movie industry. In addition, the low-altitude operations ofthe 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 altimeterthat is set "

...to the elevation ofthe 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 ofthe 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 longertime 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 10673 (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 ofthe small UAS. Additionally, limiting sUAS flights to 10

6minutes would greatly reduce the utilityfor 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, 10673, and 10808.

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 unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe 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 orowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level of safetywill 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 oftime. If mechanical issues arise the sUAS

can land immediately and will be operating from no higherthan 400 feetAGL. 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 theAircraft 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)

7Approval ofthe 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 offuel 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 400AGLtheyvirtually eliminate all ofthe 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 sametask in a much safer manner. Granting Whirligigz LLC the above exemptions will allowfor the expansion of UAS systems into the future, in a professional, safety conscious culture steep in the tradition ofAviation. Whirligigz LLC respectfully requests that the FAA grant its exception without delay. The FAA has the authorityto issue the exemption sought by Whirligigz LLC pursuantto the Federal Aviation Act, 85 P.L. 726 (1958}, as amended (the "Act"}.

The FAA has previous granted identical exemptions underfactual circumstances virtually identical to Petitioners (SeeApplication 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 NewYork 12844

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