Bird’s Eye Aerial Photography, Inc.

289 Hundley Lane

Madison Heights, VA 24572

April 6, 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: Bird’s Eye Aerial Photography, Inc.’s Petition for Exemption to Operate Unmanned 

Aircraft Systems for Aerial Photography, Videography, and Photogrammetry

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, Bird’s Eye Aerial Photography, 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 Spreading 

Wings S800 and S900 UAS to obtain aerial photographs and video for mapping, surveying, 

structural inspections, and real estate sales.

BACKGROUND

David Whiteley founded Bird’s Eye Aerial Photography (BEAP) in 2012 and began producing 

professional grade aerial photography equipment as a Value Added Reseller (VAR) for his own 

use as well as for other photographers by assembling components from manufacturers such as

DJI and 3D Robotics. Mr. Whiteley’s professional background includes education as an electrical 

engineer and a professional career as a custom software developer. He also is a private pilot, 

amateur radio operator, photographer and has built and flown radio control aircraft for the past 

35+ years. All of these skills enable him 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. BEAP would like to expand operations and provide professional 

aerial photography, videography, and photogrammetry services to businesses and individuals in 

the Lynchburg area and surrounding counties of Amherst, Appomattox, Campbell, and Bedford.

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 15

minutes, this offers little or no risk to national security.
April 6, 2015 Page 2

Additionally BEAP requests 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 motors

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)
April 6, 2015 Page 3

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 (License WQMQ587) for communications if needed to overcome

distance or environmental noise.

GROUND CREW

 Pilot in Command (PIC). The pilot in command will have at least a private pilot 

license and a third class medical.

 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 
April 6, 2015 Page 4

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”.
April 6, 2015 Page 5

DOCUMENTATION

The following documents are attached and provided to support this petition.

 DJI Spreading Wings S800 EVO User Manual Version 1.10

 Spreading Wings S900 User manual Version 1.2

 A2 Flight Controller System User Manual Version 1.20

 iOSD (On Screen Display) User Manual Version 2.10

 BEAP Preflight Checklist

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.
April 6, 2015 Page 6

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.
April 6, 2015 Page 7

SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER

Petitioner: Bird’s Eye Aerial Photography, 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: Bird’s Eye Aerial Photography, 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.

Respectfully Submitted,

David C. Whiteley

President

Bird’s Eye Aerial Photography, Inc.

289 Hundley Lane

Madison Heights, VA 24572

Phone: 434-609-0002