William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE West Building Ground Floor Room W12-140 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 

91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 

CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a)(2) ; 14 CFR 

417 (a) & (b)

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Pearce 

Enterprises llc, dba; Morgan Aerial Media, operator of Small Unmanned Aircraft Systems (sUAS) , hereby 

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by 

Section 333. 

I. REQUEST FOR SUMMARY GRANT

The FAA can issue a summary grant when it finds it has already granted a previous exemption similar to 

the new request. The owner of Pearce Enterprises, dba; Morgan Aerial Media, is an ATP certificated 

commercial airline pilot with 10,000 hours. As described in detail below, Morgan Aerial Media is

requesting to use small UASs. The FAA has issued grants of exemption in circumstances similar in all

material respects to those presented in this petition in Grants of Exemption Nos. 11062, 11109, 11112, 

11213, 12459, to quote just a few. In these grants, the FAA found that the enhanced safety achieved 

using an unmanned aircraft with the specifications described by the petitioner and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gave the FAA good cause to find that the UAS operation enabled by the 

exemptions were in the public interest. 

II. REQUEST

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would operate in the following manner: 

 1 Operation of UASs for the purpose of closed set motion picture and television filming and 

production.
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

 2 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

 3 Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or government 

has requested it by contract or donation. 

 4 Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering. 

 5 Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell tower’s (sUAS can reduce the need for a person 

to perform inspections from an elevated position Thus reducing the potential risk of injury or death.) 

 6 The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the safe use and operation of a UAS.

3. BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2, DJI Inspire 1 UAS 

Morgan Aerial Media seeks an exemption to operate DJI systems for compensation or hire within the 

NAS. The DJI Phantom 2 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI 

Phantom 2 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 

16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The 

DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 

inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2 and 

DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric 

motors. 

The DJI UASs that will be operated by Morgan Aerial Media will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

Specifically, each UAS is: A lightweight (< 55.0 lb gross weight with all on-board equipment), battery 

operated 4-motor rotorcraft in the form of a quad copter that takes off and lands vertically, 

manufactured by DJI, with the following equipment: 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

− An on-board flight computer with GPS navigation and location ability that receives signals for flight 

controls from a ground-based transmitter/controller; 

− An on-board camera capable of capturing imagery in the form of full color, high definition still photos 

and video; 

− An on-board telemetry system that delivers flight data from the on-board flight computer to the 

onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of 

flight and direction back to its launch site; 

− A 600mW, 5.8GHz on-board radio transmitter that transmits live video from the on-board camera plus 

all the flight data from the telemetry system described above; The Ground Station Includes: 

− A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who 

controls the UAS while in the air; 

− 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) 

4. BASIS FOR PETITION 

Petitioner, Morgan Aerial Media pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules 

for Certain Unmanned Aircraft Systems, hereby petition the Administrator to commercially operate the 

DJI UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§ 21 subpart H, 61.113(a)&(b), 91.7(a), 91.9(b)2,91.103, 91.121, 91.151(a), 

In consideration of the speed, weight, size, and limited operating area associated with the unmanned 

aircraft and its operation, Morgan Aerial Media operation of the DJI Inspire 1 and DJI Phantom 2 UAS 

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Morgan Aerial Media requests relief from 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate. 

Morgan Aerial Media submits that the requested relief is proper since an equivalent level of safety will 

be ensured. Morgan Aerial Media will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

practices prescribed in the operating documents (i.e., Maintenance Log, and DJI Instruction Manuals. 

Furthermore, Morgan Aerial Media will document and maintain all maintenance records for the DJI UAS. 

Morgan Aerial Media submits that they will ensure that the DJI UAS are in an airworthy condition, prior 

to every flight. 

Morgan Aerial Media seeks relief from Section 45.23(b) Which states that when marks include only the 

Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, the operator must also display on 

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or 

“provisional,” as applicable. The size of the UAS is too small to fit the required markings on the fuselage. 

A smaller type or different designation could be used. 

Morgan Aerial Media seeks Relief from certain requirements of Section 61.113(a) and (b), entitled 

Private pilot privileges and limitations: Pilot in command, to the extent necessary to allow a Pilot in 

Command (PIC) holding an airman medical certificate, and who has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the DJI UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. Morgan Aerial Media also seeks an 

exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI UA will not 

have a typical barometric altimeter onboard. However, altitude information of the UA will be provided 

to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with Morgan Aerial Media Imaging’s operation of the DJI UA within visual line of 

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, Morgan Aerial Media seeks an exemption from the requirements of Section 91.151(a), 

entitled Fuel requirements for flight in VFR conditions. Morgan Aerial Media, submits that safety will not 

be affected by operation of the DJI UA during daylight hours in visual meteorological conditions (VMC) 

under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that 

for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81. 

5. Morgan Aerial Media provides the following information in support of their petition for exemption: 

Maintenance: 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

To ensure safe operational control a maintenance program will be followed, Scheduled and preventive 

maintenance shall be documented and only quality replacement parts will be used. 

Equivalent level of Safety: 

Inspection: 

Preflight checks shall be completed before liftoff and continuous monitoring of in-flight systems shall be 

performed from the ground station from the moment of powering up for preflight until shutting down 

at the end of the operation. Before every flight, the UASs operational condition will be inspected for 

damage and deterioration, paying close attention to the props for damage, cracks or ware and the UASs 

fuselage for damage . If damage, cracks or unusual ware is detected, the damage and or ware will be 

logged and the flight will be suspended until proper repairs have been made. 

Hazards Spotter: To ensure safety, either the listing agent, seller, contractor, owner or another party, 

will be on site to review and observe hazards before and during the flight. 

Population of Intended Areas: To ensure safety, all non-essential personnel will be removed from the 

area. There will be no flight over heavily populated areas like stadiums, schools, malls, casinos, and the 

like during operating hours. 

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in or around airports 

unless explicit permission is granted according to current FAA regulations. 

Weather: To ensure safety of spotter, agents, property owners, pet and wildlife flights will be conducted 

in optimal weather conditions. Flights will not be conducted in winds above 20 mph. 

Return-to-Home Feature: In the event the DJI UA loses signal or runs critically low on battery the UAS 

has a GPS controlled return to home feature. The "home" is set upon flight startup. -Auto Return-toHome & Landing. 

Flying in Confined Areas: There is a high probability of flying in confined spaces, around residential 

properties. Pilot and spotter will be in constant communication by two way radio, or cell phone, or other 

approved FAA communications device when geographically separated during flight to ensure awareness 

of obstacles, hazards and UAS location. 

Line of Site: The UAS will always be within the line of site of the pilot and spotter. If the UAS cannot be 

seen the return home failsafe will be used to regain visual control. 

Height: Fights will not exceed 400 ft AGL above subject properties at any time. 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

Pilot Qualifications 

The Pilot in command will be familiar with current FAA regulations regarding UAS commercial usage. 

The Pilot in command will have sufficient eye sight (with or without corrective lenses and without the 

aid of binoculars) to see and operate the UAS at the distances necessary for the purpose of the flight. 

Pilot will be in good health. 

New Pilots in training will shadow and act as the Pilot in Command Spotter until they can demonstrate a

workable knowledge of the UAS and proficiency in operational control at all times. 

6. Summary 

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft. 

(b) a private pilot may, for compensation or hire, 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. 

The UAS is not capable of carrying passengers or is able to carry cargo aside from the mentioned gimbal 

mounted camera. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition. 

There are no specifications on what makes a UAS airworthy, during the preflight checks all propellers 

and mountings are checked for damage and operation. 

Section 91.7(a) prescribes that the pilot in command of a civil aircraft is responsible for determining 

whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur. 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the 

aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof. Supplemental materials will include equipment and flight 

manuals issued with the UAS. Section 91.103(b) prescribes that a pilot shall for any flight, become 

familiar with runway lengths at airports of intended use, and takeoff and landing distance information. 

All landing zones will be thoroughly checked and flight areas reviewed before any flights are made. 

Section 91.109(a) prescribes, in pertinent part, 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. 

The system is not available with dual controls, though with the UAS size and training in safe areas the 

instruction could be contained to a safe altitude and area where safety can be optimized for all involved. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted 

without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or 

(c) of this section, provided each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section. 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

Due to altitude limitations and the desire to avoid passenger carrying aircraft it is requested to maintain 

a maximum ceiling of 400’ with typical heights being below that dependent on angles and shots for 

photographic use. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as 

provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of 

the chapter. 

As there are no current maintenance requirements for UAS of this type it is not possible to meet this 

requirement at this time. 

Section 91.121 requires, in pertinent part, each person operating an 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.” 

The UAS is single operator only with no dual controls so there will be only one pilot during flight, the GPS 

system will reference the altitude at the launch point for every flight. This will also be the point that the 

UAS will return to upon completion. 

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 

minutes. 

Petitioner will operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery 

remains. All UAS are additionally equipped with a low battery failsafe that allow the UAS to safely land 

when little battery remains. The UAS are not propelled by fuel and will operate only within the safety 

constraints of the UAS battery life 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration 

certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft 

registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that 

no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization 

issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved 

for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 

calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

There are currently no airworthiness certificates for the UAS to be used and also as there is no cabin 

cockpit or passenger compartment on the UAS it is not possible to store certificates on board the craft. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection required by 

the inspection program under which the aircraft and its appliances are maintained. 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD, or 

safety directive involves recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe 

and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or 

superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to service. 

Records of maintenance and engine replacement can be kept as well as prop changes and any repairs or 

fixes to the gimbal, electronics, and camera system. Maintenance records may not apply due to the 

relatively inexpensive cost of completely replacing parts instead of repair them. 

7. Conclusion 

Morgan Aerial Media , a wholly owned subsidiary of Pearce Enterprises llc, is owned by William M 

Pearce. I am a 52 year old, ATP certificated commercial airline pilot, # 2814301, with approximately 

10,000 hours. 

Morgan Aerial Media’s petition for exemption demonstrates the appropriate safeguards and criteria, 

including weight, speed, operating capabilities, proximity to airports and populated areas, operation 

within VLOS and national security concerns, that Congress expressed in Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 

and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial video and photography over certain areas of the United States. By granting this 

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization 

and Reform Act of 2012, while also advancing the interests of the public, by allowing Morgan Aerial 

Media to safely, efficiently, and economically operate the DJI Phantom 2 and DJI Inspire 1 UASs 

commercially within the NAS. Furthermore, structural inspections, by their nature, can be difficult and 
William M. Pearce

Morgan Aerial Media

POB 576

Monkton Md 21111

410-627-5200

Fly21111@comcast.net

dangerous. These risks can be avoided by using a small UAS under controlled conditions preventing 

possible human injury or death thus it is in the public interest to grant these exemptions. 

Thank you for your consideration of our requested exemptions, if you have any questions, or if you 

require additional information, please do not hesitate to contact me. 

Manufactures instruction manuals are available upon request. 

Respectfully 

William M Pearce