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 System 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 System (UAS) for the 

commercial purpose of conducting aerial video and photography for construction 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 clients with the high quality digital content for 

use in their commercial, personal, and non-profit multimedia projects. Eagle Sight 

Photographer has 14 years recreational/hobby experience in all aspects of aerial video 

and photography. The objective of Eagle Sight Photographer aerial video and 

photography operations is to 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 Videography and Photography

 Construction sites before and after

 Fire/Search and Rescue operations with thermo imager 

 Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom

 Eagle Sight Photographer seeks an exemption to operate DJI system for 

compensation or hire within the NAS. The DJI Phantom 1 is a vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet or smartphone systems. The DJI 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 DJI phantom 1UA is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. The DJI Phantom 1 UA that 

will be operated by Eagle Sight Photographer LLC will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, 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, hereby petitions the

Administrator to commercially operate the DJI Inspire 1 UAS in the National Airspace 

System (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 DJI Phantom

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.

Accordingly, Eagle Sight Photographer requests relief from Sections 91.405(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 only apply to aircraft with an airworthiness certificate. 

Eagle Sight Photographer submits that the requested relief is proper since 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 (PIC) holding a private pilot or 

higher level certificate, as well as an airman medical certificate, and who has 

demonstrated, that the PIC is able to safely operate the DJI Phantom 1 UAS in a manner 

consistent with this exemption, including evasive and emergency 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 DJI 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 DJI 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 DJI Phantom 1 UA will not have a typical barometric altimeter 

onboard. Eagle Sight Photographer operation of the DJI 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 affected by operation of DJI Phantom 1 UA 

during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to fly for a total duration of approximately 12 minutes 

to the first point of intended landing and, assuming normal cruising speed, to fly after that 

for 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

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; 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 airworthy condition.

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 Photographer 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, 

preventive maintenance, rebuilding, or alteration unless—

(b) (1) It has been approved for return to service by 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 by 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 acceptable 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 aircraft 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 by 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 by § 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 following 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 by 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 level 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 PIC of an aircraft in connection with any business or 

employment if: (1) The flight is only incidental to that business or employment; and (2) 

The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Eagle Sight Photographer submits that an equivalent level 

of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 1 

UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI 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 DJI Phantom 1 UASs, 

conducted by 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 determine that the DJI Phantom1 UASs 

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating documents.

Eagle Sight Photographer seeks the requested relief because the DJI Phantom1 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 DJI Phantom 1 UAS is in 

airworthy 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 seeks And The Reason Eagle Sight 

Photographer Seeks Relief From Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 1 UAS, which utilizes a GPS equipment, and a radio 

communications. Eagle Sight Photograpger seeks the requested relief because the DJI

Phantom1. 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 fully set forth herein, an equivalent level of safety

will be maintained since DJI Phantom 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 DJI Phantom1 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 fly after that for at least 4 minutes. Eagle Sight 

Photographer seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 1 UAs will 

severely 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) only 

apply to aircraft with an airworthiness certificate, Eagle Sight Photographer requests 

relief from these Sections because the DJI 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. Accordingly, 

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 DJI Phantom 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 interest by allowing Eagle Sight 

Photographer too safely, efficiently, and economically perform aerial video and 

photography for real estate, special events, and landscape over certain areas of the United 

States. Additionally, use of the DJI Phantom 1 UAS will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the economy. Notably, the benefits 

of Eagle Sight Photographer proposed operation of the DJI Phantom 1 UAS will be 

realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI 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 amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Inspire 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, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be 

reduced. The DJI 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 by 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 Phantom1 UAS.

Conducting aerial acquisitions with the DJI Phantom 1 UAS, instead of manned 

aircraft, will greatly 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, DJI Phantom 1 

UAS produce no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine aircraft that 
are typically utilized for aerial video and photography, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 1 

UA, while reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UA is propelled by battery powered electric motors, rather 

than an internal combustion engine. By using DJI 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 reduced or completely eliminated. Aside from the 

lack of flight crew members located onboard the aircraft, the DJI Phantom 1 UA 

(weighing 6 pounds 7.5 ounces respectively, at maximum gross weight with 

length of 17.3 inches respectively, width of 17.7 inches respectively, and with no 

fuel on board), has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that 

typically 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 DJI Phantom 1 UAS are also an 

economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of DJI Phantom 1 UAS will allow United States 

based companies, like Eagle Sight Photographer , to remain competitive and 

contribute to growth of the U.S. economy. 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 DJI 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 operational cost of a 

traditional manned aircraft. By operating the DJI 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 

ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 1 

UAS, provides a stable workforce that increases consumer spending; improves 

local, state, and federal tax revenues; 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 , LLC proposed operation of the 

DJI Phantom 1 UASs will not implicate any privacy issues. Specifically, the
DJI Phantom 1 UASs will be operated only 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 333.

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 DJI 

Phantom1 UAS meet the conditions of FMRA Section 333, and will not require an 

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 DJI Phantom1 UAS 

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the characteristics of the DJI Inspire 1 UAS; (b) the pilot certification requirement; and 

(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 by 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 PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 25% battery power remaining.