Jason Bagley DBA

Eagle Sight Photographer LLC. 

 P.O Box 2412 

 North Conway, NH 03860

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE.,

Washington, DC 20590 

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the "Reform Act") and 14 C.F. R. Part 11, Eagle Sight Photographer LLC, 

seeks an exemption from Federal Aviation Regulations ("FARs") detailed 

below for the following described Unmanned Aerial System called in this 

application the ME System, which includes an Unmanned Aircraft (UA) and 

ground station-based equipment and crew: 

THE UNMANNED AIRCRAFT (UA): 

A lightweight (20 lb gross weight with all on-board equipment), 

manufactured by DJI, Phantom that includes the following equipment in 

flight;

An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based 

transmitter/controller; 

on-board camera capable of capturing imagery in the form of full color, 

high definition still photos and video; 

A 5.8 GHz on-board radio transmitter that transmits live video from the onboard camera.
THE GROUD STATION -BASED PART OF THE SYSTEM: 

A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UA while in the air; 

5.8 GHz radio transmitter/controller operated by the PIC to control the UA 

while in flight; 

A radio receiver receiving live video and flight data from the on-board 

camera and computer projects it all together onto a screen for the PIC to 

view during flight;

A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UA while in flight. 

A Pilot in Command in visual line of sight at all times and NOT flying with 

any FPV System.

IM also An active member of the AMA for the last 14 years and A Pilot 

instructor with the local R/C flying club.

The requested exemption would support an application for a commercial 

Certificate of Authorization to use the above described ME System to 

support Production of promotional materials (video and/or still images) for 

Real Estate sales Production of promotionalmaterials, (video and/or still 

images) for Travel and Tourism industries Production of promotional 

materials, (video and/or still images) for commercial businesses, 

Photography and videography of social events, such as weddings never 

operating over persons not directly involved with the ME system. 

The UA, powered by batteries, is smaller, lighter and more maneuverable 

than larger aircraft running on combustible fuel, it operates at lower 

altitudes with no people on board and will thereby reduce current risk 

levels and thereby enhance safety and diminish the likelihood of death or 

serious bodily injury. With a small payload and maximum flight time of only 

18 minutes, this is offers little or no risk to national security. 

Low-level oblique photos and video from several angles are far more 

effective than ground- based imagery for displaying the characteristics of 

large, complex properties with several buildings and large trees. The 

alternative could be to charter a full-sized helicopter for this purpose, which 

has proven more costly than many potential clients are able to afford. The 

benefits of reduced cost and improved quality of presentation from the UA 
will be valuable to and benefit many buyers and sellers of real property and 

marine property. 

Additionally, we request that we be allowed to use our system to benefit 

first responders nearby who might require assistance, including fire 

fighters, the police, the sheriff, et al., while remaining subject to all 

limitations cited in this application as we do so. 

The ME System will be operated in the field with both a PIC and a VO in 

accordance with FAA Policy N 8900.227 Section 14 "Operational 

Requirements for UAS" and with the following Restrictions: 

No flight will be made with a UA Gross weight exceeding 55 pounds;b) 

All operations must occur in FAA Class G airspace at no more than 400ft 

AGL, at anairspeed of no more than 50 knots and no further than 3/4 NM 

from the PIC;c) All operations must utilize a visual observer (VO). The 

VO and PIC must be able to communicate by voice at all times during a 

flight operation;d) Operations will be restricted to flights over property 

with the permission of the property owner; e) The PIC must have 

accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), 

a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft 

pilot and at least ten hours logged as a UA pilot with a similar UA type;f) 

All required permits will be obtained from state and local government prior 

to operation;g) The ME System will not be operated over densely 

populated areas;h) The ME System will not be operated at air shows;i) 

The ME System will not be operated over any open-air assembly of 

people;j) The ME System will not be operated over heavily trafficked 

roads;k) The ME System will not be operated within 5 NM of an airport or 

heliport;I) Operations will be restricted to day only and weather conditions 

equivalent to VFR;m) The PIC will brief the VO and property owner about 

the operation and risk before the first flight at each new location;n) No 

flight may be made without a Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA is in a condition safe for flight (see 

Appendix A). PIC and VO will meet the requirements outlined in FAA 

Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the 

PIC and VO will perform maintenance on the system and will complete a 

course of maintenance instruction as part of their initial training. 

We submit that the combination of the UA's light weight, flight performance 

and ability, fully qualified flight crew and strict operation under the 

guidelines established in 8900.227, and under all of the Restrictions (a) 

through (n) listed above, the FAA can have full confidence that the 
operation will have an equivalent or greater level of safety than manned 

aircraft performing the same mission. 

The name and contact information of the applicant are: 

Jason Bagley DBA Eagle Sight Photographer LLC.

Ph: 603-986-0056

Email JBCOOS@AOL.COM

P.O Box 2412 North Conway, NH 03860

The regulations from which the exemption is requested are listed below. 

Beside each regulation number is the page of the attached Addendum 

upon which each may be found together with our proposed equivalent level 

of safety for each regulation: 

- 14 CFR Part 21 .................................Addendum Page 1 

- 14 CFR 91.203.................................Addendum Page 1 

- 14 CFR 45.23, 45.29..........................Addendum Page 2

- 14 CFR 91.9....................................Addendum Page 2 

- 14 CFR 61.113, 61.133.......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 .............. Addendum Page 3

- 14 CFR 91.151 .................................Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) ......Addendum Page 3-

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) 

...Addendum 1 

We are prepared to modify or amend any part of this request to satisfy the 

need for an equivalent level of safety. Please contact us at any time if you 

require additional information or clarification. We look forward to working 

with your office.

Sincerely, 
Jason Bagley DBA Eagle Sight Photographer LLC

Addendum containing Exemption Requests and Equivalent Level of Safety 

Appendix A - Flight Manual'sAppendix B - Owner's Manual for UA

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF 

SAFETY 

Eagle Sight Photographer LLC requests an exemption from the following 

regulations as well as any additional regulations that may technically apply 

to the operation of the ME System: 
14 CFR Part 21, Subpart H: Airworthiness CertificatesThis part 

establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for 

Unmanned Aerial Systems, we request an experimental certificate be 

issued for the ME System under either or both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new 

aircraft equipment, new aircraft installations, new aircraft operating 

techniques, or new uses for aircraft.(b) Showing compliance with 

regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show 

compliance for issuance of type and supplemental type certificates, flights 

to substantiate major design changes, and flights to show compliance with 

the function and reliability requirements of the regulations. Since the 

experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we 

would expect that an experimental certificate would permit our commercial 

purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will 

only fly under strict operational requirements. Combined with the UA's light 

weight, being constructed primarily of carbon fiber and plastic, we propose 

that the UA will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. 

If an experimental airworthiness certificate is not appropriate for this 

application, then we request an exemption of 14 CFR Part 21, Subpart H, 

and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.The 

regulation provides that an airworthiness certificate, with the registration 

number assigned to the aircr..aft and a registration certificate must be 

aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew."At a 

maximum gross weight of 6.5 pounds, the UA is too small to carry 

documentation, does not have an entrance, and is not capable of carrying 
passengers or crew. To obtain an equivalent level of safety and meet the 

intent of 91.203, we propose that documents deemed appropriate for this 

aircraft by the FAA will be co-located with the crew at the ground control 

station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard 

containing the following information plus the word "EXPERIMENTAL" to 

satisfy the requirement of 14 CFR 45.23, which follows immediately after 

the proposed placard description below: 

Appendix A

EXPERIMENTAL

Manufacturer: DJI Innovations, Inc. 14th Floor, West Wing, Skyworth 

Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, 

Shenzhen, China, 518057., 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.These 

regulations provide that each aircraft must display 11 N'' and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the 

aircraft must display the word

11 EXPERIMENTAL11 in letters at least 2 

inches high near the entrance to the cabin, cockpit, or pilot station. The UA 

does not have an entrance in which the word 11EXPERIMENTAL11 can be 

placed, and may not have a registration number assigned to it by the FAA. 

We propose to achieve an equivalent level of safety by including the word 11 

EXPERIMENTAL11 in the placard on the top of the aircraft, as shown above, 

where the PIC, VO and others in the vicinity of the aircraft while it is 

preparing for launch will be able to see the designation. Additionally, we 

feel that the permanent placard discussed in the previous paragraph will 

provide the aircraft's registration information at the ground station. Finally, 

we will display at the ground station a high contrast flag or banner that 

contains the words Aircraft Ground Station11 in letters 3 inches high or 

greater. Since the aircraft will operate within 3/4 NM of the ground station, 

the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard 

requirements.This regulation provides that no person may operate an 

aircraft unless a current, approved flight manual is in the aircraft. We 
assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We

request an exemption to this requirement since the aircraft is not only too 

small to carry documentation, the documentation would not be available to 

the crew during flight operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we 

propose that a current, approved UA Flight Manual (Appendix A) must be 

available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command 

and 61.133 Commercial pilot privileges and limitations.The regulation 

provides that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire. Subparagraph (b) 

allows a private pilot to act as pilot in command 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. 

Our proposed operations require that the PIC must either 

1. Hold a Sport Pilot Certificate issued by the FAA, and have logged 25 

hours of flight experience in this type of UA, or 

2. Meet the requirements of 8900.227 para 16(c)(2)(c) 110perations without 

a pilot in which the PIC is required to complete 11 FAA private pilot ground 

and pass 11the FAA 

Private Pilot written Since there are currently no means available for the 

pilot of a UAS to gain the experience in an equivalent category and class in 

order to apply for a commercial pilot's license, we propose to generate an 

equivalent level of safety by requiring our pilots to complete, at a minimum, 

FAA commercial pilot ground instruction and pass the FAA Commercial 

Pilot written examination in addition 

Appendix A to completing the private pilot requirements. Since the 

aircraft cannot carry passengers or property, we feel we meet the intent of 

61.113 Subparagraph (b) even though the intent of this application is to 

conduct a business. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain 

flight testsThe regulation states that 11 No person may operate a civil 

aircraft that is being used for flight instruction unless that aircraft has fully 
functioning dual controls." 

The ME System ground-based control station consists of a small handheld radio transmitter 

and while it does not offer a second set of 11Controls11will, operate the 

single set of controls simultaneously. With both student and instructor 

having 11 hands-On

11 the controls during flight, we feel that this technique 

meets the intent 91.109 and provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General.The regulation states 

that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft 

will be operating at a maximum of 400 feet AGL, we cannot comply with 

this requirement. 

In order to provide an equivalent level of safety we will only fly over private 

property with a size of at least two acres with the permission of the owner 

of the property flown over. The aircraft will not be operated over congested 

areas or over any open-air assembly of persons. The property owner will 

be briefed on the expected route of flight and the associated risks to 

persons and property on the ground. The aircraft will be operated at a low 

altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UA, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft, 

which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings.The regulation requires that aircraft 

shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is transmitted 

via radio from the UA on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.The 

regulation provides that no person may begin a flight in an airplane under 

day-VFR conditions unless there is enough fuel to fly to the first point of 

intended landing and to fly after Therefore we maintain that due to the 

small size of the UA, the hazard to persons, vehicles and structures is 
minimal compared to manned aircraft, which should be considered in 

granting the exemption. 

14 CFR 91.121 Altimeter settings.The regulation requires that aircraft 

shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is transmitted 

via radio from the UA on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.The 

regulation provides that no person may begin a flight in an airplane under 

day-VFR conditions unless there is enough fuel to fly to the first point of 

intended landing and to fly after 

Therefore we maintain that due to the small size of the UA, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft, 

which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings.The regulation requires that aircraft 

shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is transmitted 

via radio from the UA on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.The 

regulation provides that no person may begin a flight in an airplane under 

day-VFR conditions unless there is enough fuel to fly to the first point of 

intended landing and to fly after that for at least 30 minutes. We feel the 

intention of this paragraph is to provide an energy reserve as a safety 

buffer for delays to landing. The UA is battery operated and the maximum 

duration of flight from a single battery charge is 18 minutes with a 20°/o 

reserve. Since the aircraft will never fly more than 314 NM from the point of 

intended landing, a full battery charge at launch will ensure that we meet 

the reserve energy requirement of this paragraph. We request an 
exemption to the word "fuel" and ask for an equivalent interpretation with 

the word "energy". 

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive 

Maintenance, AlterationsThe regulation provides that the operator is 

primarily responsible for maintaining the aircraft in an airworthy condition, 

including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service." As 

provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure that 

the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC 

will document work performed in accordance with 91.417. We feel that due 

to the size, construction, and simplicity of the aircraft, the PIC can ensure 

an equivalent level of safety. 

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) 

Observer Medical.This policy provides that both the PIC and VO must 

have a valid FAA second-class medical certificate issued under part 67 in 

order to perform as a pilot or observer. The UA maximum gross weight is 

6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not 

on board. Both the PIC and the VO are required to be in VLOS. Given the 

unlikely event that both the PIC and VO become medically incapacitated 

while the aircraft is in flight, the UA will return autonomously to the site of 

launching and land without crew intervention. 

Therefore, requiring the PIC and VO to meet the same medical 

requirements as a commercial pilot carrying passengers in a large aircraft 

is an unnecessary burden. 

We propose that the minimum medical requirements for the PIC and VO 

be vision corrected to 20/20 and a valid, state issued driver's license. The 

20/20 vision requirement will ensure that the PIC and VO can see and 

avoid air traffic; a licensed driver is medically qualified to operate a much 

larger vehicle. 
APPENDIX A - FLIGHT MANUAL 

FLIGHT RESTRICTIONSa) No flight will be made with a UA Gross 

weight exceeding 55 pounds;b) All operations must occur in FAA Class G 

airspace at no more than 400' AGL, at an airspeed of no more than 50 

knots and no further than 3/4 NM from the PIC;c) All operations must 

utilize a visual observer (VO). The VO and PIC must be able to 

communicate verbally at all times during a flight operation;d) Operations 

will be restricted to flights over property with the permission of the property 

owner; e) The PIC must have accumulated and logged, in a manner 

consistent with 14 CFR § 61.51(b), a minimum of 100 flight cycles and 25 

hours of total time as a UA rotorcraft pilot and at least ten hours logged as 

a UA pilot with a similar UA type; 

f) All required permits will be obtained from state and local government 

prior to operation; g) The ME System will not be operated over densely 

populated areas;h) The ME System will not be operated at air shows;i) 

The ME System will not be operated over any open-air assembly of 

people; 

j) The ME System will not be operated over heavily trafficked roads;k) 

The ME System will not be operated within 5 NM of an airport or 

heliport;I) Operations will be restricted to day only and weather conditions 

equivalent to VFR;m) The PIC will brief the VO and property owner about 

the operation and risk before the first flight at each new location;n) No 

flight may be made without a successful Pre-Flight Inspection by the PIC 

before each operation to ascertain that the UA is in a condition safe for 

flight. 

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully 

charged.

2. Propellers are mounted correctly and firmly.

3. Micro-SO card has been inserted if necessary.
4. Gimbal is functioning as normal.

5. Motors can start and are functioning as normal.

6. DJI Pilot app connected to the aircraft.TO REGAIN CONTROL 

AFTER LOST RADIO CONTACT

7. Nuts and bolts are snug and tight and no sharp edges anywhere.

If radio contact is lost and not restored within 3 seconds, an automatic 

Return to Home feature is activated and will bring the UAV back to the PIC