# 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, Fir st 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 S900 UAS to obtain aerial photographs and video for mapping, surveying, structural inspections, and real estate sales. **BACKGROUND** I Tim Anderson Jr. foun ded 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 Robo tics. 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 envir onment, 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 o f 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 an d 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 launc h 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.

 Pri mary 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 aircra ft 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 com munications 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. Maximu m 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) AG L. 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 cur rent 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 as sisted 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 ai rports 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 opera tional 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 condit ions 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 the y 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 y our 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 pi lots 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 operat ing 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 sa fe 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 Setti ngs 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 d ownlink 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 t o 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 sect ion 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 pa ragraph (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 airworthin ess 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 car ry a small pay load 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 equiva lent 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); § 9 1.119(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. § 9 1.7(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

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