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 Sy stem (UAS), hereby appl y, on behalf of Whirly bird 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 und er conditions outlined herein or as may be established by

the FAA as required b y 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) an d (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 photograph y and videograph y for real estate, agriculture, and events.

Applicant: Jared Monson CEO & President Whirly bird Aerial Solutions 12484 W Wildwood Dr Wood River, NE 68883 jwhirly birdimages@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 photograph y and/or video for public and/or private use including real estate, agriculture, and other related professional activities

- Aerial video and/or p hotography for public and/or private use including public and private eventsAs 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) predeter

mined, and d) will provide safet y enhancements to the alread y s afe operations in the industry presentl y using conventional aircraft. Approval of this exemption would thereb y enhance safet y and fulfill the Secretary of Transportation responsibilities to “... .establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a PHANTOM 2 UAS. We will operate a UAS DJ I Phantom 3 Pro, Model 3 23 or DJ I In spire 1 model T600 which is compromised of an unmanned aircraft s ys tem (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 dr iven by electric motors powered b y 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 limi ted to cornfields, wooded areas, and metropolitan areas to augment real estate listing photos and videos, capture event aerial video and photograph y, 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 safet y at least equal to existing rules:

 operate UAS below 300 feet and within a radius distance of 1000 feet from the controller to ai d 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 duri ng daylight hours onl y within visual line of sight (VLOS);

 use the UAS’ global positioning sy stem (GPS) flight safet y feature whereb y 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 Photograph y in Progress

– Remain back 150 feet” ) contained in the operating documents and will actively anal yz e flight data and other sources of information to constantly update and enhance safety protocols;

 contact respective airports if operations will be within 5 miles toadvise them of m y estimated flight time, flight duration, elevation of flight and other pertinent information;

 alway s obtain all necessary permission s prior to operation; have procedures in place to abort flights in the event of safet y breaches or potential danger;

 only operated in safe environments that are strictly controlled, are
away from power lines, elevated lights, airports, and densel y populate d areas (defined by areas depicted in “y ellow” 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 safet y carries primary

importance (reference PHANTOM and or Inspire 1 Fl yi ng 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 famil iarization 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 tim e 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 add ition to the hour requirements, the PIC will accomplish 3 take

- offs and landing in the preceding 90 day s (for
currency purposes) prior to any

flight.

**Specific Exemptions Request** Given the size, weight, speed, and limited operating area associated with th e 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 sa fet y 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 requ ired by

§ 45.29(f) so that an yone will see the markings.

We request exemption § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, since there is currentl y no certificate applicable to our operation, this regulatio n 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 onl y apply to aircraft with an airworthiness certificate. However, as a safet y 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 b y maintaining a safet y/ 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 safet y will be achieve d.

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 batte ry

is detected. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fl y to the first point of intended landing and, assuming normal cruising speed, land the UAS with 30% battery power remaining

.

**Public Interest** Aerial photograph y and videograph y 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 costl y manned aircraft, a prohibitive business activity for small companies. By granting this is exemption Iwould 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 si ze 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.

Lastl y, m y services will h elp consumers acquire a better sense of the real estate that they are possibl y interested in purchasing b y 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 propert y 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 (PI C) at all times. 5) All operations will utilize a visual oberver (VO). The UAS will be operated within the

v isual 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. An y revision to the operating documents will be presented to the Administrator upon request. 7) Prior to each flight, the PI C 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 maint enance and alterations will be properly documented in the aircraft records. 8) An y 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 rec ord 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) Prio r 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 ti me 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 photograph y/videography ad for real estate, agriculture, and private/public events and similar operations, the PI C willhave 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 day s. 16) The PI C 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 PI C has demonstrated and logged in a manner con sistent with 14 CFR 61.51(b), the ability to safel y 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) UA S 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 curr ent 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 PI C. 20) If a UAS loses communications or loses its GPS s ignal, 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 PI C will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 22)The PI C will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fl y 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 an y operations, and also request a Notice to Air

- man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior
t o 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 PI C at the Ground Control Station of the UAS an y time the UAS is operating. These documents will be made available to the Administration or any law enforcement upon request. 26) The UAS w ill 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 b y the PIC from any moving device or vehicle. 28) The UAS will not be operated over congested or densel y 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 de bris 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 immediatel y 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 andthe PI C has made a safety assessment of the risk of operating closer to those obj ects and determined that it does not present an undue hazard, and; c. Operations near to the PI C, 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) An y incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y t he applicable COA will be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transp ortation Safety Board (NTSB) per instructions contained on the NTSB Website: www.ntsb.gov

.

If you have an y questions or need additional information, please contact me at: jwhirly birdimages@gmail.com or (308) 380

- 5502

Thank y ou,

Jared Monson CEO and President Whirly bird Aerial Solutions