# 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 fo r 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 fo r an exemption from the Federal Aviation Regulations (FARs ) l isted her ein and any other necessary to allow its operation of sm all Unmanned Aircraft Systems (UAS ) to provide aerial photogra phy, videography and photogrammetry services. The requested exemption wou ld 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 s ales

.

BACKGROUND

David Whiteley founded Bird’s Eye Aerial Photography (BEAP) in 2012 and began producing professional g rade aerial photography equipment as a Value Added Reseller (VAR) for his own use as well as for other photographers by assembling components from manufacturer s such as DJI and 3D Robotics . Mr. Whiteley’s professional background includes education as an el ectrical 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 hi gh 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 surround ing 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 maxi mum flight time of only 15 minutes, this offers little or no risk to national security.April 6

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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 sheri ff, 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 th e event of a motor failure

o Contains a database of airports and restricted airspace and automatically
pr events 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 I I superimposes telemetry data on the video downlink to provide the pilot with heading, speed, height, distance, GPS information, and current battery volta ge as well as indicating p roximity to airports and restricted airspa ce

. 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 f

light 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

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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.

GR OUND 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 shou ld 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 ea ch 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 als o 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 fl ying fields and rules will be used to accumulate flying time and practiceApril 6

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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. P ilot 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 wea ther 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 instrumen t flight procedure 12. Maximum speed 50 knots.

PRE

- FLIGH T 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 connec tions 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 m ain bat tery and check balance. 7. Turn on camera equipment. 8. Verify all switch positions on the RC transmitters. G enerally 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. Dur ing 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

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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 V ersion 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 con dition of the UAS will b e 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 area s other than congested areas. BEAP requests relief from this section with respect to persons involved in the operation as well as vehicles and structures. Th e 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 availa ble 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 stati c 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

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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, a n 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 tha t 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 mainte nance, 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.

Give n 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 high er 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 be st 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

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SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER

Petitioner : Bird’s Eye Aerial Pho tography, 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 sm all 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