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

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Regulations 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).

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BACKGROUND 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 Morning 

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. 

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As 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.

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13. 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.

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25. All flight operations will be conducted at least 300 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

a. Barriers 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.

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14 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.

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The 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 

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pursuant 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.

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FEDERAL 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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