**SUMMARY** Eagle Sight Photographer LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Eagle Sight Photographer LLC to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photography for c onstruction sites before and after , real estate photography , and landscape over certain areas of the United States.
**INTRODUCTION AND INTERESTS OF THE PETITIONER** Eagle Sight Photographer provides its c lients with the high qualit y digital content for use in their comm ercial, personal, and non

- profit multimedia projects. Eagle Sight Photographer has 14 years recreational/hobb y experience in all aspects of aerial video and photograph y. The objective of Eagle Sight Photographer aerial video and photograph y operations is t o provide high quality imaging for a variety of, commercial, public, and residential uses, specifically targeting Im also A Fire fighter in The State of NH.

 Real Estate Videograph y and Photograph y
 Construction sites before and after

 Fire/ Search and Rescu e operations with thermo imager

 In crease public knowledge of UAS and promote safe UAS operations
**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom

 Eagle Sight Photographer seeks an exemption to operate DJ I s ys tem for compensation or hire within the NAS. The DJ I Phantom 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone s ys tems. The DJ I Phantom 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJ I phantom 1UA is equipped with four main rotors; driven b y Lithium Poly

mer battery

powered electric motors. T he DJ I Phantom 1 UA that will be operated b y Eagle Sight Photographer LLC will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.**BASIS FOR PETITION**

 Petitioner, Eagle Sight Photographer LLC pursuant to the provisions of the Federal Aviation Regulations

 (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercially operate the DJ I Inspire 1 UAS in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Eagle Sight Photographer operation of DJIPhantom 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Eagle Sight Photographer requests relief from Sections 91.4 05(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y appl y to aircraft with an airworthiness certificate. Eagle Sight Photographer submits that the requested relief is proper si nce an equivalent level of safety

will be ensured. Eagle Sight Photographer will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Eagle Sight Photographer to the extent necessary

to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certifi cate, and who has demonstrated, that the PIC is able to safel y operate the DJ I Phantom 1 UAS in a manner consistent with this exemption, including evasive and emerg ency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Eagle Sight Photographer seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 1 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Eagle Sight Photographer will ensure that the DJ I Phantom 1 UAS is in airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents and that the aircraft is in a condition for safe flight. Eagle Sight Photographer also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJIPhantom 1 UA will not have a t ypical barometric altimeter onboard. Eagle Sight Photographer operation of the DJ I Phantom 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.Additionally , Eagle Sight Photographer seeks an exemption from the requirements of

Section 91.151(b) entitled Fuel requirements for flight in VFR condition

. Eagle Sight Photographer submits that safety will not be affe cted by operation of DJ I Phantom 1 UA during daylight ho urs in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 12 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that f or at least 4 minutes. In accordance with 14 C.F.R. § 11.81, Eagle Sight Photographer provides the following information in support of its petition for exemption: **The Specific Sections Of 14 C.F.R. from Which Eagle Sight Photographer**  **Seeks Exemption.** 
**1. Eagle Sight Photographer**  **Seeks Exemption From The Requirements Of Section 61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passenge rs or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pi lot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. Eagle Sight Photographer**  **Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y c ondition.
**3**
**. Eagle Sight Photographer**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:(b ) No person may begin a flight in a rotorcraft 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 cruising speed, to fly after that for at least 20 minutes.
**4**
**. Eagle Sight Phot**  **ographer Seeks Exemption From The Requirement Of**  **Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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.
**5 .**  **Eagle Sight Photographer Seeks Exemption From The Requirements Of**  **Section 91.407(a )**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, prev entive maintenance, rebuilding, or alteration unless

— (b) (1) It has been approved for return to service b y a person authorized under §43.7 of this chapter [.] **6. Eagle Sight Photographer Seeks Exemption From The Requirements**  **Of Sections 91.409(a)(1) And 91 .409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
**8. Eagle Sight Photographer**  **Seeks Exemption from the Requirements of Sections 91.417(a) and 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- A description (or reference to data acc eptable to the Administrator) of the work performed; and The date of completion of the work performed; and The signature and certificate number of the person approving the aircraft for return to service. Records containing the following information: The total time in service of the airframe, each engine, each propeller, and each rotor. The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. The time since last overhaul of all items installed on the aircr aft which are required to be overhauled on a specified time basis. The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. The owner or operator shall retain the fo llowing records for the periods prescribed:(1) The records specified in paragraph (a)(1) of this section shall be retained until the

work is repeated or superseded b y other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
**C. The Extent Of Relief Eagle Sight Photographer**  **Seeks And The Reason Eagle**  **Sight Photographer Seeks The Relief.** 
**1. Extent Of Relief Eagle Sight Photographer**  **Seeks and the Reason Eagle Sight**  **Photographer Seeks Relief From**  **Section 61.113(a) And (b)**
Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher lev el certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The airc raft does not carry passengers or property

for compensation or hire. As set forth more full y below, Eagle Sight Photographer submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJIPhantom 1 UAS unle ss that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJ I Phantom 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Eagle Sight Photographer submits that all flights of the DJ I Phantom 1 UASs, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to Eagle Sight Photographer business; and (2) will not carry passengers or property

for compensation or hire.
**2. Extent Of Relief Eagle Sight Photographer**  **Seeks And The Reason Eagle Sight**  **Photographer Seeks Relief From**  **Section 91.7(a)**Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent

required to allow Eagle Sight Photographer to determin e that the DJ I Phantom 1 UASs are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents. Eagle Sight Photographer seeks the requested relief because the DJ I Phantom 1 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Eagle Sight Photographer will ensure that the DJ I Phantom 1 UAS is in airworth y condition based upon its compliance with the operating documents prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
**3. Extent Of Relief Eagle Sight Photographer s**  **eeks And The Reason Eagle Sight**  **Photographer Seeks Relief From**  **Section 91.121**

Relief from Section 91.121, ent itled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 1 UAS, which utilizes a GPS equipment, and a radio communications. Eagle Sight Photograpger seeks the requested relief because the DJ I Phantom 1. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since DJIPhantom 1 UA is equipped with GPS equipment

. be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display

of the GCS.
**4. Extent Of Relief Eagle Sight Photographer**  **Seeks and the Reason Eagle Sight**  **Photographer Seeks Relief From**  **Section 91.151(b)**

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 16 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4 minute s. Eagle Sight Photographer seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 1 UAs will severel y constrain the practicality of any aerial video or still photo flight operations that Eagle Sight Photographer proposes to conduct pursuant to this Petition.
**5. Extent Of Relief Eagle Sight Photographer**  **Seeks And The Reason Eagle Sight**  **Photographer Seeks Relief From**  **Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)( 2), And 91.417(a) & (b)** Since Sections 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b) onl y

apply to aircraft with an airworthiness certificate, Eagle Sight Photographer requests relief from these S ections because the DJ I Phantom 1 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 1 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Eagle Sight Photographer will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents Furthermore, Eagle Sight Photographer will document and maintain all maintenance records for the DJIPhantom 1 UASs. **D. The Reasons Why Granting Eagle Sight Photographer**  **Request Would Be In the Public Interest;**  **That Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public i nterest b y allowing Eagle Sight Photographer too safely , efficientl y, and economically perform aerial video and photograph y for real estate, special events, and landscape over certain areas of the United States. Addi tionally , use of the DJ I Phantom 1 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notabl y, the benefits of Eagle Sight Photographer propos ed operation of the DJ I Phantom 1 UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 1 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amo unt of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJIInspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJ I Phantom 1 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations

. **2. The Public Will Benefit from the Safety and Efficiency Of The DJI Phantom**  **1 UAS.** Conducting aerial a cquisitions with the DJIPhantom 1 UAS, instead of manned aircraft, will greatl y benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, DJ I Phantom 1 UAS produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft thatare t ypicall y utilized for aerial video and photography , while burning appro ximately

20

- 30 gallons per hour of leade d aviation fuel. The DJ I Phantom 1 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled b y battery powered electric motors, rather than an internal c ombustion engine. By using DJ I Phantom 1 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially reduc ed or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 1 UA (weighing 6 pounds 7.5 ounces respectivel y, at maximum gross weight with length of 17.3 inches respectivel y, width of 17.7 inches res pectivel y, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom**  **1 UASs Will Benefit the Economy.**  In addition to being safe and efficient, the DJ I Phantom 1 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of DJ I Phantom 1 UAS will allow United States based companies, like Eagle Sight Photographer , to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJ I Phantom 1 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high op erational cost of a traditional manned aircraft. By operating the DJ I Phantom 1 UAS, companies such as Eagle Sight Photographer , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will u ltimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 1 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax reve nues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Eagle Sight Photographer , L LC proposed operation of the DJI Phantom 1 UASs will not implicate any privacy issues. Specificall y, theDJI Phantom 1 UASs will be operated on ly in compliance with operating documents which requires property owner involvement and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The**  **Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **Eagle Sight Photographer Seeks Exemption.**  **1. Reasons Why DJI Phantom**  **1 UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 3**  **33.** In consideration of the size, weight, speed, and limited operating area associate with the unmanned aircraft and its operation, Eagle Sight Photographer operation of the DJ I Phantom 1 UAS meet the conditions of FMRA Section 333, and will not require a n airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. In seeking this exemption, Eagle Sight Photographer submits that the DJIPhantom 1 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJIInspire 1 UAS; (b) the pilot certification requirement; an d (c) the specific operating limitations. **Flight Operations of DJI Phantom**  **1 UAS Are Limited to the Line Of Sight** The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.
If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. The PI C must abort the flight i n the event of unpredicted obstacles or emergencies in accordance with the operating documents. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y atnormal cruising speed t o the intended landing point and land the UA with 25% battery power remaining.