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U.S. Department of Transportation

Docket Management System December 4, 2015

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam

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

14 C.F.R. Part 11, William Morgenstern seeks exemption from the Federal Aviation Regulations 

(FAR) listed below, to allow operation of our UAS commercially in airspace regulated by the 

Federal Aviation Administration (FAA) as detailed below.

William Morgenstern intends to create a legal business entity for the purpose of commercial UAS 

activities upon successful grant of FAA exemption, and shall amend the exemption with the 

company name once formed.

APPLICATIONS

The requested exemption would permit William Morgenstern (and future company) to pursue 

commercial interests in providing services to individuals, companies, government and/or 

institutions interested in aerial data in the following areas:

 Videography and/or photography within travel, tourism, education, real estate and recreation 

industries 

 Emergency management such as disaster response and search & rescue

 Infrastructure support such as inspection of buildings, bridges and power lines

 Geospatial analysis, for purposes such as resource management, drainage and grading 

analysis 

 UAS training & build testing

 Surveying and 3D aerial mapping

 Agricultural applications such as crop and growth assessments and precision farming

 Insurance applications such as claim assessment

 Social/special events such as weddings

 Construction/home site and ecological impact assessment

REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

Generally, the FAA has agreed that exemption is warranted for UAS aerial data collection purposes 

within prescribed operating guidelines in Exemption Nos. 11062, 11109, 11112, 11213, 11745 and 

12645. The table below provides the specific regulations from which we request exemption, along 

with additional corresponding determinations from the FAA.
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Requested FAR Exemption Corresponding FAA Exemption Decision(s)

21(h) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11111, 11110, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 

11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 

11184, 11185, 11188, 11189, 11191, 11192, 11193, 11195

43.7 No. 11208

43.11 No. 11208

45.11 No. 11208

45.27 No. 11188

45.29 Nos. 11136, 11157, 11170, 11185, 11193

61.113 Nos. 11110, 11062, 11109, 11112, 11213, 11745, 12645

91.7(a) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 

11161, 11166, 11167, 11170, 11171, 11172, 11174, 11177, 11178, 

11184, 11185, 11188, 11189, 11191, 11192, 11193, 11195, 11204

91.9(b)(2) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 

11157, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 

11157, 11174, 11177, 11178, 11184, 11185, 11189, 11192, 11193, 

11195

91.9(c) Nos. 11136, 11170, 11171, 11174, 11185

91.103(b)(2) No. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11138, 11150, 11153, 11156, 11158, 11160, 11161, 11166, 11167, 

11171, 11172, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 

11189, 11191, 11192, 11193, 11195, 11204

91.105 No. 11185

91.113(b) No. 11238

91.119(c ) Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109,

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 

11160 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 

11178, 11185, 11188, 11189, 11190, 11193

91.121 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109, 

11136, 11138, 11150, 11153, 11156, 11160, 11161, 11166, 11167, 

11170, 11171, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 

11193
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Requested FAR Exemption Corresponding FAA Exemption Decision(s)

91.151(a) Nos. 11110, 11153, 11156, 11161; 111109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11160, 11161, 11166, 11167, 11170, 

11171, 11172, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 

11193

91.203 (a) and (b) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 

11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195

91.215 No. 11185, 11195

91.403 No. 11185

91.405(a) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 

11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.407(a)(1) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 

11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.409(a)(1) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 

11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.409(a)(2) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 

11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(a) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 

11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(b) Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 

11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

OPERATIONS

William Morgenstern (and future company) proposes to conduct aerial data collection using RGB, 

NIR, infrared, hyperspectral, multispectral and LiDAR sensors, as warranted by the application.

The following sections outline proposed guidelines for operation that we believe meet or exceed the 
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intent of safety and public interest within Section 333 and the specific regulations from which we 

seek exemption.

UAS

 All proposed UAS shall weigh less than 55 lbs. 

 All aircraft operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings 

in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

CREW

 Minimum flight crew for each operation will consist of the pilot in command (PIC) and a

visual observer (VO).

 The PIC will have, at minimum, a sport pilot’s license, valid driver’s license and 10 hours 

experience and/or training on UAS. Prior to commercial operation, the PIC shall 

demonstrate the ability to safely operate the UA in a manner consistent with how the UAS

will be operated under this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures. 

 Training and testing operations will only be conducted during dedicated sessions. During 

training, testing, proficiency, and experience-building flights, all persons not essential for 

flight operations will be considered nonparticipants, and the PIC will operate the UAS with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. PIC

qualification flight hours and currency will be logged in a manner consistent with 14 CFR §

61.51(b). A record of the PIC and VO training will be documented and made available upon

request by the Administrator. 

LOCATION

 Operations will occur over private or controlled access property, with the property owner’s 

consent and knowledge.

 Petitioner will obtain written and/or oral permission from the landowners/authorized agents 

of the landowners over which flights will be conducted.

 Petitioner will obtain all required permissions and permits from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies.

PREPARATION

 A briefing will be conducted in regard to the planned UAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing.

 The PIC will be designated before the flight and will not be allowed to transfer his or her

designation for the duration of the flight. The PIC will ensure that the VO can perform the

required functions.

 Prior to each flight, the PIC will inspect the UA, including the Ground Control Station, to

ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UA, the PIC will not operate the UA until the necessary maintenance 

has been performed and the UA is found to be in a condition for safe flight. All maintenance 

and alterations will be properly documented in the aircraft records.

 The PIC will not begin 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 

prepare to land the UAS with 25% battery power remaining.
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FLIGHT OPERATIONS

 UAS will be operated within visual line of sight (VLOS) of the PIC and VO at all times.

 PIC and VO will at all times be able to communicate verbally. They will not be permitted to 

use electronic messaging or texting to communicate during flight operations.

 UAS will not be flown in excess of the manufacturer recommended operating speed or 87 

knots/100 mph indicated airspeed, whichever is lower. 

 Flights will be operated at an altitude of no more than 400 feet AGL.

 UAS will not be operated less than 500 feet below, or less than 2,000 feet horizontally from, 

a cloud or when visibility is less than 3 statute miles from the PIC.

 All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO 

issued COA.

 UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). Flights will 

not be conducted under special visual flight rules (SVFR).

 UAS will not be operated 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 has been obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. Any letter of agreement with the airport 

management will be made available to the Administrator upon request.

 UAS will remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

 For tethered UAS operations, high-visibility line markers will be included every 25 ft. along 

the tether line.

 UAS will not be operated by the PIC from any moving device or vehicle.

 Actual total flight time for each operational flight will result in no less than a 5% battery

reserve or as otherwise recommended by the manufacturer, whichever is higher.

 The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and 

available to the PIC at the Ground Control Station of UAS during operations. These 

documents will be made available to the Administrator or any law enforcement official upon 

request. If a discrepancy exists between the conditions and limitations in the exemption 

grant and the procedures outlined in the operating documents, the grant conditions and 

limitations will take precedence and will be followed. Otherwise, the petitioner will follow 

the procedures outlined in its operating documents. If it updates or revises its operating 

documents, it will present updated and revised documents to the Administrator upon 

request. If the petitioner determines that any update or revision would affect the basis upon 

which the FAA granted the exemption, then the Petitioner will petition for an amendment to 

the grant of exemption.

EMERGENCY

 The UAS will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. The PIC shall abort flights in case of unexpected obstacles or emergencies.

 The UAS will be programmed so that if it loses communications or loses its GPS signal, it 

will return to a pre-determined safe location within the planned operating area and land or 

be recovered in accordance with the operating documents.

 If the UAS and its radio control link disconnect during flight, the system’s failsafe 

protection will be triggered and the multirotor will return to home and land automatically, 

rather than flying off uncontrollably or landing at an unknown location.
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 Petitioner will report any incident, accident, or flight operation that transgresses the lateral 

or vertical boundaries of the operational area as defined by the applicable COA to the FAA's 

UA Integration Office (AFS-80) within 24 hours. Petitioner will report accidents to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web 

site: www.ntsb.gov.

MAINTENANCE

 A designated PIC will conduct a functional flight test on any UAS that has undergone 

maintenance or alterations that affect the UA operation or flight characteristics, e.g. 

replacement of a flight critical component. The PIC who conducts the functional test flight 

will make an entry in the aircraft records.

 The petitioner will carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements set forth in the operating documents.

 Maintenance, inspection, alterations, and status of replacement/overhaul component parts 

will be noted in the aircraft records, including total time in service, description of work

accomplished, and the signature of the authorized person returning the UAS to service. The

authorized person will make an entry in the aircraft record of the corrective action taken

against discrepancies discovered between inspections.

 Each UAS operated under the exemption will comply with all manufacturer Safety

Bulletins.

PROPOSED UAS

William Morgenstern petitions for exemption to use the following UAS platforms:

- DJI Phantom 3

- senseFly eBee

- senseFly eXom

- Freefly Alta

- 3DRobitics X8-M

These systems have key altitude, flight path, emergency/auto-landing and other safety features, 

including DJI’s automatic geofencing feature, to complement existing operations safety procedures.

SAFETY & PUBLIC INTEREST

UAS provide a faster, cleaner and safer way to capture data for many of the proposed applications. 

They have no onboard crew or passengers, carry no fuel and operate at lower speeds and altitudes 

than manned aircraft. UAS also have comparatively robust autopilot and landing features for 

emergencies. In the event of an emergency, these factors significant reduce the risk of damage to 

people or property by a UAS. 

In addition to being a safer alternative to manned aircraft, UAS provide safety and efficiency

benefits to the services they augment or replace. UAS, for example, can quickly and safely access 

areas that would be dangerous and/or difficult by other means. Specific examples include roof (or 

other infrastructure) inspections, surveying and agricultural assessments. When compared to aerial 

photography by manned aircraft, UAS can operate closer, quieter, with more persistence, and with a 

more flexible sensor configuration. 
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Finally, William Morgenstern and colleagues have extensive experience in military and private 

aviation and remote sensing. They are familiar with the development, execution and management of 

aviation training, evaluation and safety models, and seek to extend that to commercial UAS. They

are also keenly aware of privacy concerns and experienced in tailoring operations to respect those 

interests.

Summarily, William Morgenstern respectfully requests exemption under Section 333 to enable EAI 

to operate efficient, limited, lowrisk commercial UAS operations for the activities stated, respecting 

at all times, the space and privacy of citizens and property as we keep our skies safe.

Sincerely,

William Morgenstern