First Capital Aerial Media

75 Page Road

Chillicothe, OH 45601

June 12, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

RE: First Capital Aerial Media, Inc.’s Petition for Exemption to Operate Unmanned Aircraft 

Systems for Aerial Photography, Videography.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, 

First Capital Aerial Media, Inc. hereby applies for an exemption from the Federal Aviation Regulations 

(FARs) listed herein and any other necessary to allow its operation of small Unmanned Aircraft Systems 

(UAS) to provide aerial photography, videography and photogrammetry services. The requested 

exemption would permit the operation of DJI Spreadwings S800 and S900UAS to obtain aerial 

photographs and video for mapping, surveying, structural inspections, and real estate sales.

BACKGROUND

I Tim Anderson Jr. founded First Capital Aerial Media in 2014 and began producing professional grade 

aerial photography equipment as a Value Added Reseller (VAR) for my own use as well as for other 

photographers by assembling components from manufacturers such as DJI and 3D Robotics. I am a 

photographer and have built and flown radio control aircraft for the past 6+ years. All of these skills 

enable me to produce high quality reliable multirotor aircraft for professional aerial photography. 

Because of the current regulatory environment, sales have been limited to hobby use customers. I 

would like to expand operations and provide professional aerial photography, videography, and 

photogrammetry services to businesses and individuals in the Chillicothe area and surrounding counties 

of Pike, Pickaway and Franklin. The Unmanned Aircraft (UA) described herein is smaller, lighter and 

more maneuverable than conventional aircraft running on combustible fuel, operates at lower altitudes 

with no people on board and will thereby reduce current risk levels, enhance safety and diminish the 

likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 20

minutes, this offers little or no risk to national security.
Additionally I request to be allowed to use its system to benefit first responders nearby who may require 

assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations 

cited herein as we do so.

THE UNMANNED AIRCRAFT (UA) 

DJI Spreading Wings S900

  S900 Airframe

 o Professional grade 

 o Under 20 pounds takeoff weight

 o 6 motors o 7 to 15 minute flight time depending on battery size 

  DJI A2 - Flight Controller with GPS

o Provides Fail Safe features that allow the aircraft to return to the launch point and land 

automatically in the event the command and control signal is lost or the battery has reached a 

pre-determined threshold. If battery reaches a critical level, the aircraft will descend and land at 

the current location. Control of the aircraft is maintained during descent to allow the PIC to 

guide it to a safe landing. 

o Home Lock function allows safe return of the aircraft in the event of a motor failure

o Contains a database of airports and restricted airspace and automatically prevents operation 

in these areas

  DJI 5.8 GHz Video Downlink Transmitter – FCC Licensed.

  DJI iOSD Mark II - On Screen Display of Telemetry. The iOSD Mark II superimposes telemetry data 

on the video downlink to provide the pilot with heading, speed, height, distance, GPS information, and 

current battery voltage as well as indicating proximity to airports and restricted airspace. Direction back 

to launch point is also indicated.

DJI Spreading Wings S800 EVO

  S800 EVO Airframe 

 o Professional Grade

 o Under 18 pounds takeoff weight o 6 motor

 o 7 to 15 minute flight time depending on battery

  DJI A2 – Flight Controller. Same as S900
  DJI 5.8 GHz Video Downlink (same as S900)

  DJI IOSD Mark II Telemetry (same as S900) 

GROUND STATION EQUIPMENT

The ground station equipment is comprised of a dual control and audio communication equipment.

 Primary controller is for the Pilot in Command (PIC)

 o 2.4 GHz radio control unit (FCC Licensed)

 o 5.8 GHz video receiver (FCC Licensed)

 o Display of video and telemetry

 Camera Controller operates the camera gimbal and does not affect aircraft control

 o 2.4 GHz radio control unit. (FCC Licensed)

 o 5.8 GHz video receiver (both PIC and Cameraman receive the same signal)

 o Display of video and telemetry

 o Directional antenna for improved video reception. 

 VHF radios for communications if needed to overcome distance or environmental noise.

GROUND CREW

 Pilot in Command (PIC). The pilot in command will have complete control of the craft.

 Camera Operator (optional). The Camera operator controls the camera onboard the aircraft for 

photography and videography missions. For photogrammetry missions, the camera is in a fixed position 

and the camera operator is not necessary.

 Visual Observer (VO). The visual observer will provide additional situational awareness during flight 

operations.

OPERATIONAL PARAMETERS

1. The UAS will weigh less than 55 pounds. 

2. Flights will be operated within visual line of sight of a pilot and/or observer.
3. Maximum total flight time for each operational flight will be 30 minutes. 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 (122 meters) AGL. Unless a specific 

COA is obtained, the limit will be according to the “blanket” COA of 200 feet (61 meters). 

5. Minimum crew for each operation will consist of the UAS pilot and the Visual Observer. 

6. UAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class 

medical. PIC will have completed operator and safety training from BEAP. PIC will also have accumulated 

and logged at least 25 hours total time as a UAS rotorcraft pilot including at least 10 hours logged as a 

UAS pilot with a multi-rotor UAS and 5 hours in the same make and model of UAS proposed under this 

exemption request. Local AMA flying fields and rules will be used to accumulate flying time and practice 

emergency procedures. PIC will also remain current for the type of aircraft for which the PIC is licensed. 

7. Written and/or oral permission will be obtained from the property owner. 

8. Pilot and observer will be able to communicate by voice at all times during the operation. 

Communication may be assisted by VHF or UHF radio when necessary. Text communications are not 

allowed.

9. The UAS will only be operated during daytime hours in VFR weather conditions.

10. Operations may not be conducted aboard a moving device or vehicle. 

11. Operation near airports will be conducted according to the “blanket” COA unless another COA is 

obtained. 

 5 nautical miles (NM) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

 2 NM from an airport without a published instrument flight procedure or an operational tower; or 

 2 NM from a heliport with a published instrument flight procedure

12. Maximum speed 50 knots.

PRE-FLIGHT CHECKLIST

1. Weather conditions are suitable for VFR flight and wind is 18 mph or less. 

2. Measure battery voltage to make sure batteries are sufficiently charged before takeoff.

3. Verify that all wiring connections are tight.

4. Raise and lock all rotor arms. Inspect for cracks, damage, and loose hardware.
5. Check to make sure propellers are secure and free from dirt, cracks and chips. 

6. Install main battery and check balance.

7. Turn on camera equipment.

8. Verify all switch positions on the RC transmitters. Generally they are all in the forward position with 

the exception of the Mode which should be set to “GPS”.

9. Turn on radio control transmitters and video equipment. 

10. Connect the UAS main battery. Check for radio connection with RC transmitters and video downlink. 

11. During warmup, check the A2 Flight Controller LED indicator. One green flash indicates GPS mode. 

Wait for both of the following LED indications: a. A string of 10 or more green flashes indicating that the 

forward direction has been recorded. b. 2 or less red flashes to indicate that 5 or more GPS satellites 

have been obtained. This may also be observed in the video telemetry information. 

12. Announce your intention to take off by announcing “Take Off”.

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONERS SEEK AN 

EXEMPTION 

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

These regulations limit private pilots to non-commercial operations. Because the UAS will not carry 

a pilot or passengers and be operated within limited areas and altitudes, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring the PIC operating the 

aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small 

UAS.

B. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness 

While the UAS will not have an airworthiness certificate in accordance with 14 C.F.R. part 21, 

Subpart H, the airworthy condition of the UAS will be the responsibility of the PIC in accordance 

with 14 C.F.R. § 91.7(b). 

C. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas 

This regulation establishes safe altitudes for operation of civil aircraft over areas other than 

congested areas. BEAP requests relief from this section with respect to persons involved in the 

operation as well as vehicles and structures. The UAS will not be operated above 400 feet altitude. It 

will be operated in a defined area where people and buildings will not be exposed to operations 

without their pre-obtained consent. 

D. 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 UAS does not have a barometric altimeter, an exemption 

is requested. The UAS Flight Controller utilizes GPS equipment aided by a static pressure sensor to 

determine and maintain altitude. The aircraft altitude above the takeoff point is provided in the 

video downlink telemetry information and provides sufficient information for the PIC to maintain 

altitudes at or below the 400 foot (122 meter) limitations.

E. 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 cursing 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.”

Given that the UAS aircraft only fly for a maximum of 30 minutes and typically carry about 15 

minutes of batter power, an exemption is requested. The UAS operations are always conducted 

within a few minutes of the takeoff and landing point and within a restricted area. BEAP believes 

that terminating the flight with 25% remaining battery power provides an equivalent amount of 

safety that is intended by section 191.151(a).

F. 14 C.F.R. § 91.405(a) Maintenance Required; 

14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventative maintenance, rebuilding or 

alteration;

14 C.F.R. §§ 91.409(a)(1) and (2) Inspections;

14 C.F.R. §§ 91.417(a) and (b) Maintenance Records 

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 the sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

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

to the Owner’s Manuals. An equivalent level of safety will be achieved because these small UAS 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 UAS can land immediately and will be operating from 

no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to 

initial 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. The FAA issued exemption to these 

regulations in Exemption No. 11062.
SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER 

Petitioner: First Capital Aerial Media, Inc. 

Sections of 14 C.F.R Affected: §§ 61.113(a) and (b); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 

91.405(a); § 91.407(a)(1); §§ 91.409(a)(1) and (2); §§ 91.417(a) and (b)

Description of Relief Sought: First Capital Aerial Media, Inc. seeks relief from the requirements of 14 

C.F.R. §§ 61.113(a) and (b); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 

C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and 

(2); 14 C.F.R. §§ 91.417(a) and (b) to operate small unmanned aircraft systems (UAS) for the 

purpose of aerial photography, videography, and photogrammetry. 

Submitted By,

Timothy J Anderson Jr.

Owner

First Capital Aerial Media, Inc.

75 Page Road

Chillicothe, OH 45601

Phone: 740-253-3647