Whiskey	Creek	Media,	LLC

512	Irving	Ave	SW

Wadena,	MN	56482

erikosberg@hotmail.com

218-639-3130

June	18,	2015

US	Department	Of	Transportation

Federal	Aviation	Administration

800	Independence	Ave	SW

Washington	DC	20591

Dear	Sir	or	Madam:

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

reform	act)	and	CFR	Part	11,	Whiskey	Creek	Media,	LLC,	owner	and	operator	of	

Small	Unmanned	Aircraft	Systems	(UASs),	request	to	be	exempted	from	the	Federal	

Aviation	Regulations	(FAR)	listed	below so	that	Whiskey	Creek	Media,	LLC	may	

operate	a	UAS	commercially	in	airspace	regulated	by	the	FAA.,	as	long	as	such	

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

maybe	established	by	the	FAA	as	required	by	Section	333.

Whiskey	Creek	Media,	LLC	is	owned	by	Erik	Osberg.		Mr.	Osberg	has	been	operating	

a	video	production	company	since	February	2011.		All	operations	will	be	performed	

with	the	public’s	safety	and	right	to	privacy	safeguarded	at	all	times.

As	described	below,	the	requested	exception	would	permit	the	operation	of	a	

lightweight	(less	than	55	lbs.	total	takeoff	weight)	UAS	under	controlled	conditions	

for	commercial	use.

Whiskey	Creek	Media,	LLC’s	UAS	is	a	rotorcraft	weighing	less	than	55	pounds	

including	payload.

(The	DJI	Phantom	3	Professional)		It	operates	at	a	speed	less	than	50	knots	and	has	

the	capability	to	hover	and	move	in	the	vertical	and	horizontal	plane	

simultaneously.	The	DJI	Phantom	3	Pro	features	an	auto	return	to	launch	point	

when	battery	power	is	under	25%.	The	UAS	will	operate	within	the	line	of	sight	with	

in	a	protected	flight	area	as	described	below	and	at	200	feet	AGL	or	less	with	an	

observer	located	close	at	hand	as	to	make	voice	communication	possible.	These	

operations	will	not	create	a	hazard	to	users	of	the	nation	airspace,	public	nor	the	

environment.

Whiskey	Creek	Media,	LLC	respectfully	requests	the	grant	of	an	exception	to	the	

following	specific	sections	of	the	Title	14	Code	of	Federal	regulations	allowing	it	to	

operate	a	lightweight	UAS	for	commercial	use,

14	CFR	21,	subpart	H,	14	CFR	45.23	(b)	14	CFR	91.7	(a),	91.9	(b)	(2)	91.103	(b),

91.109,	91.119,	91.121,91.151,(a),	91.203(a)	&(b),91.405(a),91.407(a)(1),	

91.409(a)&(b).
Whiskey	Creek	Media,	LLC	submits	this	application	in	accordance	with	the	Reform	

Act	,112	P.L.	95	331-334,	seeking	relief	from	any	currently	applicable	FAR’S	

operating	to	prevent	Whiskey	Creek	Media,	LLC	future	commercial	use	of	small	

UASs	to	operate	in	the	national	airspace	system	as	described	below.	The	reform	Act	

section	332	provides	for	such	integration	of	civil	unmanned	aircraft	into	our	

national	airspace	system	as	it	is	in	the	public’s	interest	to	do	so.		Whiskey	Creek	

Media,	LLC’s	UAS	meets	the	definition	of	“small	unmanned	aircraft”	as	defined	in	

Section	331	and	therefor	the	integration	of	this	UAS	is	expressly	contemplated	by	

the	Reform	Act.	Whiskey	Creek	Media,	LLC	would	like	to	operate	its	light	weight	UAS	

prior	to	the	time	period	by	which	the	Reform	Act	requires	the	FAA	to	promulgate	

rules	governing	such	aircraft.

The	Reform	Act	directs	the	Secretary	of	Transportation	to	consider	whether	certain

unmanned	aircraft	systems	may	operate	safely	in	national	airspace	before	

completion	of	the	rule	making	required	under	Section	332	of	the	reform	Act.	In	

making	this	determination,	the	Secretary	of	Transportation	is	required	to	determine	

which	UASs	do	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public	

or	pose	a	threat	to	national	security	in	light	of	the	following:

The	UASs	size,	speed,	weight	and	operational	capability.

Operation	of	the	UASs	in	close	proximity	to	airports	and	populated	areas.

Operation	of	the	UASs	within	visual	line	of	sight	of	the	operator.

Reform	Act	333(a).	If	the	secretary	determines	that	such	vehicles	“may	operate	

safely	in	National	Airspace	System,	the	secretary	shall	establish	requirements	for	

the	safe	operation	in	national	airspace.

The	very	small	nature	of	this	UAS	combined	with	the	safe	guards	presented	below,

will	allow	for	the	safe	operation	greater	than	that	envisioned	by	Congress	for	the	

FAA	to	establish	and	by	exemption	allow	commercial	operations	of	UASs	to	

commence	immediately.	Also	due	to	the	size	of	UASs	and	the	areas	and	altitudes	

they	will	operate	approval	of	this	exception	presents	no	national	security	issues	and	

absolutely	minimal	safety	concerns	which	have	been	mitigated	through	our	rigorous	

risk	management	process.	Given	the	clear	direction	given	in	Section	333	of	the	

Reform	Act,	the	authority	contained	in	the	Federal	Aviation	Act,	as	amended,	the	

strong	equivalent	level	of	enhanced	safety,	reduced	emissions	utilizing	UASs	verses	

traditional	aircraft	as	well	as	the	economic	impact	of	greatly	reducing	the	cost	of	

aerial	photography	thereby	benefiting	the	greater	public’s	interest.	Accordingly,	the	

applicant	requests	that	the	FAA	grant	the	requested	exemption	without	delay.

The	following	will	be	considered	as	the	binding	limitation	on	operations	of	Whiskey	

Creek	Media,	LLC.

1.	Flights	will	only	occur	in	the	day	time	hours,

2.	Flights	will	be	operated	in	the	line	of	sight	of	the operator.	

3.	Flights	will	be	terminated	at	any	time	weather	and	wind	deteriorate	to	“unsafe	for

flight”	by	manufacturers	recommendations.

4.	The	UAS	weighs	less	that	55	lbs.
5.	Flights	will	be	operated	at	200	feet	AGL	or	less.

6.	Crew	will	be	at	a	minimum	of	operator	and	an	observer.

7.	Operator	and	crew	will	remain	in	contact	during	the	flight	operation.

8.	The	UAS operator	will	perform	a	check	of	the	flight	area	and	make	certain	of	the

safety	of	all	persons	in	the	area.

9.	Consent	will	be	obtained	from	all	persons	with	in	the	video	capabilities	of	the	

units	to	further	reduce	the	chance	of	violating	anyone’s	privacy.

10.	All	required	FAA	clearances,	will	be	obtained	and	distances	from	airports	strictly

observed.

11.	The	UAS will	have	the	capability	to	return	automatically	to	the	operator	in	a	safe

manner	with	the	auto	return	function	checked	and	working.

12.	When	operated	in	conjunction	with	boats	on	small	lakes a	chase	boat	will	be

assigned	to	operate	the	UASs	at	a	safe	distance	from	the	main	 boat.

13.	Flights	will	only	operate	in	VFR	conditions.

14.	UAS have	a	function	on	the	control	to	tell	operator	the	distance	away	from	the

operator	and	its	battery	power	remaining.

15.	Flight	team	will	communicate	by	voice	and	the	use	of	cell	phone if	the	area	is	too

big	to	hear	voice	from	all	team	members.

16.	UASs	will	be	used	to	video	private	outings	and	functions,	boating,	fishing, golf	

courses,	resorts	&	other	various	outdoor	imagery	from	a	safe	distance.

14	CFR	part	21	Subpart	H:	Airworthiness	Certificate	14	CFR 91.7(a),	91.203(a)(1)

Subpart	H,	entitled	Airworthiness	Certificates,	sets	forth	requirements	for	

procurement	of	necessary	certificates	in	relation	to	FAR	91.203(a)(1).	The	size,	

weight	and	defined	area	of	operations	for	Whiskey	Creek	Media,	LLC	UAS	flights	

permits	exception	from	Part	21	because	they	meet	an	equivalent	level	of	safety	

pursuant	to	Section	333	of	the	Reform	Act.	The	FAA	is	authorized	to	exempt	aircraft	

from	the	airworthiness	certificate	requirement	under	both	the	Act	(49	USC	4470(f)	

and	Section	333	of	the	Reform	Act.

Both	pieces	of	legislation	permit	the	FAA	to	exempt	UASs	from	airworthiness	

certificates	in	consideration	of	weight,	size,	speed,	maneuverability	and	proximity	to	

areas	such	as	airports	and	dense	populations.	Whiskey	Creek	Media	LLC	meets	or	

exceeds	each	of	these	elements.

As	of	March	23,	2015	the	FAA	has	stated	that	it	will	automatically	grant	a	“blanket”	

COA	for	flights	at	or	under	200	AGL	to	any	UASs	operator	with	a	section	333	

exemption.14	CFR	91.203(a&b)	provides	for	carrying	of	civil	aircraft	certifications	

and	registrations.	These	are	inapplicable	for	the	same	reasons	stated	above.	The	

equivalent	level	of	safety	will	be	achieved	by	maintaining	such	certifications	and	

registrations	at	Whiskey	Creek	Media,	LLC	operations	center.

14CFR91.7	(a)	prohibits	the	operation	of	an	aircraft	without	an	airworthiness

certificate.	As	no	such	certificate	will	be	applicable	in	the	form	contemplated	by	

FAR’s	this	regulation	is	inapplicable.

14	CFR	91.9(b)(2)	Civil	Aircraft	Flight	Manual	in	Aircraft

14	CFR	91.9(b)(2)	requires	an	aircraft	flight	manual	in	the	aircraft.	As	there	are	no

pilots	or	passengers,	and	given	the	size	of	the	UASs	this	regulation	is	inapplicable.	
An	equivalent	level	of	safety	will	be	achieved	by	maintaining	such	certifications	and

registrations	at	Whiskey	Creek	Media, LLC	operations	center.

The	FAA	has	previously	issued	exemptions	to	this	regulation	in	Exemptions	No’s

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700	and	32827.

14	CFR	91.119	Minimum	safe	altitudes,	prescribes	safe	altitudes	for	operation	of	

civil	aircraft.	It	allows	helicopters	to	be	operated	at	lower	altitudes	in	certain	

conditions.	Whiskey	Creek	Media,	LLC	will	only	operate	its	UAS	at	or	below	200AGL.	

It	will	be	operated	on	a	well	defined	AOR	that	has	been	carefully	reviewed	for	

hazards	and	minimizes	the	presence	of	any	persons	not	essential	for	these	

operations.	Flights	will	only	be	over	private	property	that	the	owner	has	consented	

and	all	persons	within	this	video	area	also give	consent	for	this	filming.	Compared	to	

flight	operations	of	conventional	and traditional	aircraft	or	rotorcraft	weighing	far	

more	than	50	lbs.,	operating	below	500	AGL with	flammable	fuel	UASs	operations	

present	a	far	smaller	risk	to	the	public.

Approval	of	these	333	Exemptions	allowing	commercial	operations	of	small	UASs	in	

the	service	of	aerial	photography	&	videography	will	greatly	enhance	safety	by	

reducing	the	overall	risk associated	with	traditional	aircraft.	Traditional	aerial	

photography/videography requires	large	aircraft with	flammable	fuel	to	fly	in	close	

proximity	of	populated	areas	and	people	in	general.		With	the	use	of	small	UASs	of	

55	lbs.	or	less,	battery	operated	and	fling	below	200	feet AGL	the	risk	of	injury	of	

people	on	the	ground	or	the	crew	has	been	reduced	or	almost erased.	The	granting	

of	the	use	of	these	small	UAS	by	Whiskey	Creek	Media,	LLC	will	allow	us	to	elevate	

the	production	value	of	the	digital content	we	create	for	our	clients.

Granting	Whiskey	Creek	Media,	LLC	the	above	exemption	will	allow	for	the	

expansion	of	UAS	systems	into	the	future	for	the	safe	conduct	of	free	enterprise	and	

the	enjoyment	of	the masses.

The	FAA	has	the	authority	to	issue	the	exemption	sought	by	Whiskey	Creek	Media,

LLC	pursuant	to the	Federal	Aviation	Act,	85	P.L.	726	(1958)	as	amended	(the	ACT).

Sincerely,

Erik	Osberg

Whiskey	Creek	Media

512	Irving	Ave	SW

Wadena,	MN	56482

erikosberg@hotmail.com