November 27, 2015

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act part 11 of the 

Federal Aviation Regulations from: 14 CFR 61.113 {a) & (b); 91.7 (a); 91.103; 91.119 

{c); 91.121; 91.151; 91.405{a); 91.407(a)(1); 91.409(a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Jared Monson, 

operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Whirlybird 

Aerial Solutions, for an exemption from the listed Federal Aviation Regulations (‘FARs”) 

to allow commercial operations of its UAS, so long as such operations are conducted 

within and under conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

I would like to formally submit for an exemption from part 21, subpart H; and Sections 

45.23(b), 91.7 (a), 91.9 (b) (2), 91.119, 91.121, 91.151(a), 91.203(a) and (b) 91.405(a) 

91.407(a) (1), 91.409(a)(2), and 91.147(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). This proposed exemption would allow the operation of UAS for 

the purpose aerial photography and videography for real estate, agriculture, and events. 

Applicant:

Jared Monson 

CEO & President 

Whirlybird Aerial Solutions

12484 W Wildwood Dr

Wood River, NE 68883

jwhirlybirdimages@gmail.com

(308) 380-5502

Commercial operation of an UAS, as herein, which are equipped with camera and 

sensors, would operated in the following manner:

-Aerial photography and/or video for public and/or private use including 

real estate, agriculture, and other related professional activities

-Aerial video and/or photography for public and/or private use including 

public and private events
As described fully below, the requested exemption would permit the operation 

of a UAS under controlled conditions in the NAS that would be a) limited, b) 

controlled, c) predetermined, and d) will provide safety enhancements to the 

already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation responsibilities to “....establish requirements for the 

safe operation of such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved 

similar use of a PHANTOM 2 UAS. We will operate a UAS DJI Phantom 3 

Pro, Model 323 or DJI Inspire 1 model T600 which is compromised of an 

unmanned aircraft system (UAS), an attached 4k camera and transportable 

ground station. 

The PHANTOM 3 is a quad-copter with a gross weight of 2.8 pounds. It is 

equipped with four rotors that are driven by electric motors powered by 

batteries. The Inspire 1 is also a quad-copter with a gross weight of 7.5 lbs. The 

UAS’ have maximum airspeeds of 16 m/s (Phantom 3) and 18 m/s (Inspire 1). It 

will be operated over various terrains including but not limited to cornfields, 

wooded areas, and metropolitan areas to augment real estate listing photos and 

videos, capture event aerial video and photography, aerial video and photos of 

crops for local farmers and other related business operations. 

UAS Operating Parameters

We will abide by the following additional operating conditions under this 

exemption, which ensures a level of safety at least equal to existing rules:

 operate UAS below 300 feet and within a radius distance of 1000 feet 

from the controller to aid in direct line of sight visual obervation;

 obtain permission from the owner / controller of any vessels, vehicles, 

and structures when operations may be conducted closer than 500 feet 

to any such vessels, vehicles, or structures; we will conduct a safety

assessment of the risk of operating closer to those objects and 

determine that it does not present undue hazard;

 operate the UAS for 5-15 minutes per flight;

 land UAS prior to the manufacturer’s recommended minimum level 

of battery power;

 operate UAS during daylight hours only within visual line of sight 

(VLOS); 

 use the UAS’ global positioning system (GPS) flight safety feature 

whereby it hovers and then slowly lands if communication with the 

remote control pilot is lost;

 conduct all operations under the flight safety protocol (including 

posting a warning sign reading: “Attention Aerial Photography in 

Progress – Remain back 150 feet” ) contained in the operating 

documents and will actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols; 

 contact respective airports if operations will be within 5 miles to 
advise them of my estimated flight time, flight duration, elevation of 

flight and other pertinent information; 

 always obtain all necessary permissions prior to operation; have 

procedures in place to abort flights in the event of safety breaches or 

potential danger;

 only operated in safe environments that are strictly controlled, are 

away from power lines, elevated lights, airports, and densely 

populated areas (defined by areas depicted in “yellow” on VFR charts 

through obtaining information regarding congested areas from the 

local Flight Standards District Office (FDSO);

 conduct extensive preflight inspections and protocols, during which 

safety carries primary importance (reference PHANTOM and or 

Inspire 1 Flying Flow Chart and User Manuals).

Regarding UAS operational training, we have flown numerous practice 

flights in remote areas as hobbyists simulating flights for future commercial 

use to gain familiarization with the characteristics of the UAS’ performance 

under different temperature and weather conditions. 

Any PIC operating our UAS will be required to have accumulated and 

logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time 

as a UAS rotorcraft pilot including at least 10 hours logged as UAS pilot with 

a multi-rotor UAS. The PIC will also have accumulated and logged a 

minimum of 5 hours as a UAS pilot operating the same make and model of 

UAS to be used for operations. In addition to the hour requirements, the PIC 

will accomplish 3 take-offs and landing in the preceding 90 days (for 

currency purposes) prior to any flight. 

Specific Exemptions Request

Given the size, weight, speed, and limited operating area associated with the US, we feel 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificate) and § 91.203 

(a) and (b) (Certifications required), subject to certain conditions and limitations, is 

warranted and meets the requirements for an equivalent level of safety under 14 CFR part 

11 and Section 333 of P.L. 112-95 (Section 333). 

We request an exemption from § 45.23 marking of the aircraft because UAS will not 

have a cabin, cockpit, or pilot station on which to mark certain words or phrases. 

Furthermore, the two-inch lettering is difficult to place on such a small aircraft with 

dimensions smaller than the minimal lettering requirement. Regardless of this, we can 

mark UAS in the largest possible letting by placing the word “Experimental” on its 

fuselage as required by § 45.29(f) so that anyone will see the markings. 

We request exemption § 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 in applicable.
We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents. 

We 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 it 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. 

We requested an exemption from § 91.119 which prescribes safe altitudes for operation 

of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. We will no operate our UAS above the altitude of 300 feet above ground level 

(AGL) and will also only operate in safe areas away from public and traffic, thus 

“providing a level of safety at least equivalent to or below those in relation to minimum 

safe altitudes.” Given the size, weight, maneuverabilitly, and speed of the UAS, an 

equivalent or higher level of safety will be achieved. 

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirement for flight VFR conditions. 

The UAS is 100% electric and two low battery alerts are issued – per the operating 

documents, the UAS will be landed at the first alert. Also, our flight will only last 5-15 

minutes each and the UAS has an automated function, which results in immediate landing 

when a low battery is detected. The PIC will not begin a flight unless (considering wind 

and forecast weather conditions) there is enough power to fly to the first point of intended 

landing and, assuming normal cruising speed, land the UAS with 30% battery power 

remaining. 

Public Interest

Aerial photography and videography for real estate, ag, and events are proven strategies 

to enhance marketing, plant growth, and increase business success. The industry is not 

new. However, until recently it was conducted through use of costly manned aircraft, a 

prohibitive business activity for small companies. By granting this is exemption I would 

be able to provide similar service and a fraction of the cost. 

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the operation of 

our UAS will minimize harm to the environment as they are electric powered making its 

carbon footprint almost non-existent. 

Lastly, my services will help consumers acquire a better sense of the real estate that they

are possibly interested in purchasing by giving them a better view of the property through 

aerial views via photographs and videos. Which can save the consumers time and money

not having to travel to view the property themselves in some cases. 
Summary

We will comply with all of the following conditions and limitations should this 

exemption be provided:

1) Operations will be limited to the following aircraft’s described in the operating 

documents, which are a quad-rotor aircraft weighting 2.8 lbs (PHANTOM) and 7.5 lbs 

(Inspire 1) UAS’. 

2) The UAS will not be flown at an indicated airspeed exceeding 50 knots.

3) The UAS will be operated at an altitude of no more than 400 ft about ground level

(AGL) all altitudes reported to ATC must be feet AGL. 

4) The UAS will be operated within visual line of sight (VLOS) of the Pilot in Command 

(PIC) at all times. 

5) All operations will utilize a visual oberver (VO). The UAS will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to 

communicate verbally at all times. 

6) The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revision to the operating documents will 

be presented to the Administrator upon request. 

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

UAS will not be operated until the necessary maintenance has been performed and the 

UAS is found to be in a condition that meets all requirement for a safe flight. The Ground 

Control Station will be included in the preflight inspection. All maintenance and 

alterations will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional 

test flight. The PIC who conducts the functional test flight will make an entry in the 

aircraft records.

9) The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11)We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating. Maintenance, inspection, and alterations will be noted in 

the aircraft records, including total flight hours, description of work accomplished, and 

the signature of the authorized person returning the UAS to service. 

12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13)An authorized person will mke an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

14) Prior to UAS operations conducted for aerial video or photos for real estate, 

agriculture, or private/public events and similar operations. The PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS.

15) Prior to operations conducted for the purpose of aerial photography/videography ad 

for real estate, agriculture, and private/public events and similar operations, the PIC will 
have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum 

of 5 hours as UAS pilot operating the make and model of the UAS to be used in 

operations. The PIC will accomplish 3 take-offs and landings in the preceding 90 days. 

16) The PIC will not operate the UAS for the purpose of aerial videography /photography

and for real estate listing, agriculture, private/public events, and similar operations, unless 

the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the 

ability to safely operate the UAS in a manner consistent with the operating documents, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles, and structures. 

17) UAS operations will no be conducted during night, as defined in 14 CFR 1.1 All 

operations will be conducted under visual meteorological conditions (VMC). 

18) The UAS will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart. 

19) The UAS will not be operated less than 500 feet below or less than 2000 feet 

horizontally from a cloud or when visibility is less than 3 statute mils from PIC. 

20) If a UAS loses communications or loses its GPS signal, it will return to a 

predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

21) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

22)The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to intended landing 

point and land the UAS with 30% battery power remaining. 

23) We will not obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to 

Air-man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior 

to operation. 

24) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UAS will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

25) The documents required under 14 CFR 91.9 and 91.203will be available to the PIC at 

the Ground Control Station of the UAS any time the UAS is operating. These documents 

will be made available to the Administration or any law enforcement upon request. 

26) The UAS will remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

27) The UAS will not be operated by the PIC from any moving device or vehicle. 

28) The UAS will not be operated over congested or densely populated areas. 

29) Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS and/or debris in the event of an accident. We will ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of the 

UAS, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles, or structures where the 

owner/controller of such vessels, vehicles, or structures has granted permission and 
the PIC has made a safety assessment of the risk of operating closer to those objects 

and determined that it does not present an undue hazard, and;

c. Operations near to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

30) All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

31) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Website: www.ntsb.gov . 

If you have any questions or need additional information, please contact me at:

jwhirlybirdimages@gmail.com or (308) 380-5502

Thank you, 

Jared Monson

CEO and President 

Whirlybird Aerial Solutions