Morning Star Aerial LLC

September 3, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part 11, Morning Star Aerial LLC hereby applies for an exemption from the listed Federal Aviation Regulations (FAR) to allow commercial operations of Unmanned Aerial Systems (UAS) weighing less than 55 pound for aerial data collection. Aerial data collection as defined in previous FAA Section 333 approved exemptions is: “ Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.”

All operations shall be conducted within and under the conditions outlined herein or as may be established by the FAA.

Morning Star Aerial LLC’s requested exemption is similar in all material respects to FAA previously approved Grants of Exemption Nos. 11062, 11109, 11112, and 11213 and is in the public interest.

The requested exemption would permit the operations of UAS platforms previously approved by the FAA for commercial operations in the United States in which the Secretary of Transportation has determined that these aircraft meet the conditions of Section 333 and relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H - Airworthiness Certificates, and any associated noise certification and testing requirements of part 36, is not necessary

. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333 (c) Reform Act.

The name and address of the applicant is:

Morning Star Aerial LLC Joseph Louis Stagnone Manager P.O. Box 1064 Exeter, NH 03833 Tel: 603-502-0557 Email: morningstaraerial@comcast.net



### 1Regulations from which the exemption is requested:

14 CFR Part 21 14 CFR 45.23(b) 14 CFR 61.23(a) & (c) 14 CFR 61.101(e)(4) 14 CFR 61.113(a) 14 CFR 61.315(c)(2) 14 CFR 91.7(a) 14 CFR 91.9(b)(2) 14 CFR 91.103(a) & (b) 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151(a)(1) 14 CFR 91.203(a) & (b) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(1) & (2) 14 CFR 417(a) & (b)

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1). Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider: • The UAS’ size, weight, speed and operational capability; • Whether the UAS operates within the visual line of sight of the operator; • Whether the UAS operates outside of highly populated areas and away from close proximity to airports. Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. 333(c).



### 2BACKGROUND ON MORNING STAR AERIAL LLC

The two main principle Members of Morning Star Aerial LLC have an extensive background in aviation. Joe Stagnone is an active airline Captain with an Airline Transport Permit (ATP) with type ratings in the Boeing(B) B-767, B-757, and B-737 aircraft. Joe served ten years in the United States Marine Corps flying helicopters and is a designated Naval Aviator. Joe is a Commercially Rated Helicopter pilot with instrument privileges. Joe holds a Flight Engineer Rating, Advanced Ground Instructors Rating, and though no longer current has perviously held a Certified Flight Instructor (CFI), Certified Flight Instructor Instruments (CFII), and Multi Engine Instructor (MEI) rating. Joe holds a current First Class Medical Certificate. Joe has passed numerous security background checks related to his current flying position and previous military duties requiring security clearances. Joe will be the sole operator of all UAS owned by M orning Star Aerial LLC.

The second principle Member of Morning Star Aerial LLC is Susan Stagnone. Sue is a retired engineer from McDonnell Douglas Corporation with a background in aircraft accident and safety investigation, aircraft certification, and customer engineering. Sue is Vice President and Chief of Operations for Morning Star Aerial LLC.

UAS AND OPERATIONAL DESCRIPTION

Morning Star Aerial LLC seeks to commercially operate three UAS weighing less than 55 pounds including payload in the United States for the purpose of acquiring aerial data. The two types of UAS have already been approved by the FAA in previous Section 333 exemption petitions. Each UAS has already applied for and received a Certificate of Aircraft Registration from the FAA.

The three specific UAS that Morning Star Aerial LLC is applying to operate commercially

are: 1. DJI Inspire 1, Registration Number N583ZM, Serial Number W13DCD21030932. 2. DJI Phantom 2, Registration Number N584ES, Serial Number PH645236048 V1.0 3. DJI Phantom 2, Registration Number N584FS, Serial Number PH645235953 V1.0

All operations will be conducted in accordance with the manufactures User Manual, Safety Guidelines, and Maintenance Manuals. All current Firmware must be installed in the UAS prior to flight.

All Manual and Firmware information is available at 

## www.dji.com . Select “Products” from the main menu. Then select “Inspire1” or “Phantom 2” from the products list. Finally select “Downloads” from the model menu. This web link provides access to all available operating and maintenance information for both UAS. These multiple manual files are too large to submit as an attachment to this request for an exemption. Morning Star Aerial LLC requests that the above link to DJI satisfy any requirement for submitting supporting technical documentation for the UAS we are proposing to operate. The linked site will provide the most current information and any changes that occur to these documents.



### 3As the operator of these aircraft, Morning Star Aerial LLC is committed to the following conditions and limitations on its operations. Morning Star Aerial LLC understands that failure to comply will be grounds for the immediate suspension or rescission any exemption granted.

1. Operations authorized by a grant of exemption are limited to the DJI Inspire 1 and DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operation of any other aircraft will require a new petition or a petition to amend any exemption

.
2. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the aircraft be operated at airspeeds greater than the maximum aircraft operating airspeed recommended by the aircraft manufacturer. All operations will be conducted in accordance with the DJI Inspire 1 and Phantom 2 operators manual.

3 . The aircraft will be operated at an altitude of no more than 400 feet above ground level (AGL).

4 . The aircraft will be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s U.S. driver’s license.

5 . All operations will utilize a visual observer (VO). The aircraft will be operated within the visual line of sight (VLOS) of the PIC and VO at all times.

6 . All operating documents needed to operate the UAS and will be accessible during UAS operations and made available to the Administrator upon request. The operator will also present updated and revised documents if it petitions for extension or amendment.

7 . Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations.

8. Morning Star Aerial LLC is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

9 . Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a condition for safe flight.

10.Morning Star Aerial LLC will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

11 . Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

12. The PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.



### 413. Morning Star Aerial LLC will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated to acquire aerial data, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Morning Star Aerial LLC will conduct all training, proficiency, and experience-building flights under the conditions stipulated in any exemption that may be granted by the FAA.

14 . 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).

15. The aircraft will not operate within 5 nautical miles of an airport having an operational control tower; or 3 nautical miles from an airport with a published instrument flight procedure, but not an operational tower; or 2 nautical miles from an airport without a published instrument flight procedure or an operational tower; or 2 nautical miles from a heliport with a published instrument flight procedure, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by the control tower or a COA.

16 . The aircraft 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.

17 . If the UAS loses communications or loses its GPS signal, the aircraft will return to a predetermined location.

18 . The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

19. The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the aircraft to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

20. All operations shall be conducted in accordance with an issued COA. If the COA does not cover the intended operation Morning Star Aerial LLC must apply for a new or amended COA to authorize the proposed operation.

21 . All aircraft operated 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.

22. Documents used by Morning Star Aerial LLC to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

23 . The aircraft will remain clear and give way to all manned aviation operations and activities at all times.

24. The UAS may not be operated by the PIC from any moving device or vehicle.



### 525. All flight operations will be conducted at least 3 00 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. B arriers or structures are present that sufficiently protect nonparticipating persons from the aircraft or debris in the event of an accident; or b. The owner/controller/operator of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made an assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons will not be considered nonparticipating persons under this exemption.

26 . All operations conducted over private or controlled-access property will be conducted with the permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

27 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to be utilized by Morning Star Aerial LLC , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR 45.23(b): Marking of the aircraft This regulation requires that certain experimental, provisionally certified aircraft, or light- sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, 2 inch lettering may be impossible. Morning Star Aerial LLC will mark the UAS with lettering as large as practicable.



### 614 CFR 61.101(e)(4),61.113(a),61.315(c)(2) : Pilot privileges and limitations: Pilot in command Sections 61.101(e)(4),61113(a), and 61.315(c)(2) limit private pilots, recreational pilots, and sport pilots to non-commercial operations. All Morning Star Aerial LLC flights will be operated by an appropriately rated commercial pilot but should be allowed to operate under any subsequent less restrictive requirement the FAA should stipulate in any granted exemption or future published rule.

14 CFR 91.7(a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft Morning Star Aerial LLC contemplates operating, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the operational restrictions put on the aircraft, an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the Operating Manuals at the ground control point where the pilot flying the UAS will have immediate access to it.

14 CFR 91.103: Preflight action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from certain specific requirements, Morning Star Aerial LLC will conduct complete preflight actions, including checking weather conditions, checking battery charging levels, checking maintenance requirements have been complied with, and all other actions in the Operating Manual and safety checklists of the DJI operating manuals

. These actions will provide an equivalent level of safety.

14 CFR 91.109: Flight instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. By design, UAS do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.119(c) : Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will never operate at altitude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only. The equivalent level of safety will be achieved given the size, weight and speed of the UAS as well as the location where it is operated. Flight operations will be conducted at least 300 feet from all non-participating persons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless the owner or his/her representative gives permission to operate closer than 300 feet and the PIC has made a safety assessment that the operation would not present an undue hazard.



### 7The UAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted as outlined in operational description #15 above and at least 5 miles from an airport with an operating control tower unless prior approval has been obtained from the airport operator or control tower to operate inside of the 5 miles radius. Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS proposed herein, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Relief from Section 91.151(a)(1) is requested to the extent required to allow flights of the UAS during daylight hours in visual flight rules (VFR) conditions to continue until five minutes or any greater power requirements recommended by the manufacturer are reached. Morning Star Aerial LLC seeks the requested relief because without an exemption from Section 91.151(a)(1), the flight time duration of the selected aircraft will be reduced and severely constrain the practicality of any aerial acquisition of data that Morning Star Aerial LLC proposes to conduct pursuant to this Petition. The technical specifications of the proposed UAS, their Operations Manuals, and Morning Star Aerial LLC’s proposed operating limitations, ensure that no flight will begin unless (considering wind and weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate for at least five minutes or with any greater reserve power requirements recommended by the manufacturer.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections These regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Morning Star Aerial LLC. Maintenance will be accomplished



### 8pursuant to the User Guide, Operating Manual, and Maintenance Manual . An equivalent level of safety will be achieved because these UASs are limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. The PIC will ensure that the UAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the PIC is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

PUBLIC INTEREST Approval of exemptions allowing commercial operations of UASs for aerial acquisition of data enhances safety while reducing risk. Manned aircraft in most application that are similar in nature pose a greater risk because the aircraft are much larger and carry an onboard human pilot and flammable fuel. In contrast, a UAS weighing 55 pounds or less will carry no passengers, crew, or fuel and, therefore, will not represent the risks associated with manned aircraft flights. In addition, UAS aerial data will allow commercial entities of all magnitudes to make decisions on how to best deploy their financial resources to ensure the safety and efficiency of their operations while significantly reducing their costs as compared to operating conventional aircraft to perform the same function.

EQUIVALENT LEVEL OF SAFETY Morning Star Aerial LLC proposes that given the years of aviation experience and advanced ratings acquired by its personnel, along with the limitations and limited scope of operation imposed by any granted exemption from the FAA, will provide for at least an equivalent or even higher level of safety to operations conducted under the current and proposed regulatory structure.

PRIVACY All flights over private or controlled access property must have the property owner/controller or authorized representative’s permission

.

NATIONAL SECURITY Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue. In addition Morning Star Aerial LLC’s operating pilot has already passed extensive background checks associated with his current flying and previous military related duties.

RELIEF SIMILAR TO PREVIOUSLY GRANTED This exemption request is similar in all material respects to relief previously requested in Grants of Exemptions Nos. 11062, 11109, 11112, and 11213 as referenced in many of the Section 333 exemptions currently granted by the FAA for proposed aerial data collection.



### 9FEDERAL REGISTER SUMMARY Docket No.: No. FAA-2015-____ Petitioner: Morning Star Aerial LLC Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119(c)

, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). Description of Relief Sought: Morning Star Aerial LLC is seeking an exemption to conduct commercial acquisition of aerial data using unmanned aircraft systems.

Based upon the foregoing, Morning Star Aerial LLC requests that the FAA grant it the necessary exemptions under Section 333 of the FAA Reform Act as requested herein to allow for commercial operations of UAS within the United States.

Sincerely, Joseph Stagnone Morning Star Aerial LLC Manger P.O. Box 1064 Exeter, NH 03833



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