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U.S. Department of Transportation Docket Management Sy stem 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 b elow, 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 s hall 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:

 Videograph y and/or photograph y within travel, tourism , education, real estate and recreation industries  Emergency

management such as disaster response and search & rescue  In frastructure support such as in spection of buildings, bridges and power lines  Geospatial anal ys is , for purposes such as resource management, drainage and grading anal ys is  UAS training & build testing  Surveying and 3D aerial mapping  Agricultural applications such as crop and growth assessment s and precision farming  Insurance applications such as claim assessment  Social/special events such as w edding s  Construction/home site and ecological impact assessment **REGULATIONS FROM WHICH EXEMPTION IS REQUESTED** Generally , the F AA 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.2

**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, 11 109, 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, 1110 9, 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, 111 36, 11138, 11150, 11153, 11156, 11160 , 11161, 11166, 11167, 11170, 11171, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 111933

**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, 11 067, 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, 111 58, 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, 111 58, 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. 110 62, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11 158, 11160, 1 1161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.417(b) Nos. 110 62, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136 , 11138, 11150, 11153, 11156, 11157, 111 58, 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 us ing RGB, NIR, infrared, hy

perspectral, multispectral and LiDAR sensors, as warranted by the application. The following sections outline proposed guidelines for operation that we believe meet or exceed the4

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 (PI C) and a visual observer (VO).  The PI C 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 safel y operate the UA in a manner consistent with how the UA S will be operated under this exemption, including evasive and emergency maneuvers and m aintaining 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 PI C will operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. PI C qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). A record of the PI C and VO training will be documented and mad e available upon request b y the Administrator. LOCAT ION  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/authorize d 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. PREPARATI ON  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 PI C will be designated before the flight and will not be allowed to transfer his or her designation for the duration of the flight. The PI C 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 PI C 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 PI C 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.5

FLIGHT OPERATIONS  UAS will be operated within visual line of sight (VLOS) of the PIC and VO at all times.  PI C 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.  UA S 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.  UA S 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).  UA S will not be operated with in 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 tethere d UAS operations, high

- visibility line markers will be included every 25 ft. along the tether line.  UA S 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 b y 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 UA S during operations . Thes e documents will be made available to the Administrator or any l aw 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 co nditions 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 wil l 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 UA S and its radio control link disconnect during flight, the s ys tem’s failsafe protection will be trigg ered and the multirotor will return to home and land automatically , rather than flying off uncontrollably or landing at an unknown location.6

 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 UA S 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 UA S 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, de scription of work accomplished, and the signature of the authorized person returning the UA S to service. The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.  Ea ch UA S operated under the exemption will comply with all manufacturer Safety Bulletins. **PROPOSED UAS** William Morgenstern petitions for exemption to use the following UAS platforms:

- DJ I Phantom 3

- senseFly

eBee

- senseFly

eXom

- Freefl y Alta

- 3DRobitics X8

- M These s ys tems have key

altitude, flight path, emergency /auto

- landing and other safety features, including DJ I’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 aut opilot and landing features for emergencies

. In the event of an emergency , these factors significant reduce the risk of damage to people or property b y 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 m eans. Specific examples include roof (or other infrastructure) inspections, surveying and agricultural assessments. When compared to aerial photograph y b y manned aircraft, UAS can operate closer, quieter, with more persistence, and with a more flexible sensor configuration.7

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 keenl y aware of privacy concerns and experienced in tailoring operations to respect those interests. Summarily, William Morgenstern respectfull y request s 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.

Sincerel y, William Morgenstern