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Moonlight Engineering

62 Oak Ridge Ln

Bridgewater, MA 02324

PH: (508) 341-1811

March 22, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590 VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Moonlight Engineering, seeks an exemption from Federal Aviation Regulations (“FARs”) 

detailed below for the following described Unmanned Aerial System called in this application the ME

System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew:

THE UNMANNED AIRCRAFT (UA):

 A lightweight (6.5 lb gross weight with all on-board equipment), battery operated 4-motor 

rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured by DJI, 

Model T600, that includes the following equipment in flight;

 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 

on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site;

 A 2.4GHz 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 GROUD STATION –BASED PART OF THE SYSTEM:

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

who controls the UA while in the air;

 A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight;

 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) is a person who provides a second pair of eyes to visually track the UA 

while in flight.
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The requested exemption would support an application for a commercial Certificate of Authorization to 

use the above described ME System to support aerial photography and video primarily of real property, 

boats and marine property and extreme sport events such as skiing and ski jumping, never operating over 

persons not directly involved with the ME system.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on 

combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current 

risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With 

a small payload and maximum flight time of only 18 minutes, this is offers little or no risk to national 

security.

Low level oblique photos and video from several angles are far more effective than ground-based imagery 

for displaying the characteristics of large, complex properties with several buildings and large trees. The 

alternative could be to charter a full-sized helicopter for this purpose, which has proven more costly than 

many potential clients are able to afford. The benefits of reduced cost and improved quality of 

presentation from the UA will be valuable to and benefit many buyers and sellers of real property and 

marine property. In the case of extreme sporting events, the UA will operate in remote locations where 

ground based video recording could potentially put the camera crew in harm’s way. The UA is a safer 

way to capture these extreme sporting events.

Additionally, we request that we be allowed to use our system to benefit first responders nearby who 

might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to 

all limitations cited in this application as we do so.

The ME System will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 

8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:

a) No flight will be made with a UA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of 

no more than 50 knots and no further than 3/4 NM from the PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate 

by voice at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the property owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a 

minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten 

hours logged as a UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to operation;

g) The ME System will not be operated over densely populated areas;

h) The ME System will not be operated at air shows;

i) The ME System will not be operated over any open-air assembly of people;

j) The ME System will not be operated over heavily trafficked roads;

k) The ME System will not be operated within 5 NM of an airport or heliport;

l) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk before the first flight 

at each new location;

n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight (see Appendix A).
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The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete 

a course of maintenance instruction as part of their initial training.

We submit that the combination of the UA's light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have an 

equivalent or greater level of safety than manned aircraft performing the same mission.

The name and contact information of the applicant are:

dba Moonlight Engineering

Attn: Mark Kibbe

Ph: (508) 341-1811

Email: mark@truemeasures.com

The regulations from which the exemption is requested are listed below. Beside each regulation number is 

the page of the attached Addendum upon which each may be found together with our proposed equivalent 

level of safety for each regulation:

- 14 CFR Part 21.................................Addendum Page 1

- 14 CFR 91.203.................................Addendum Page 1

- 14 CFR 45.23, 45.29..........................Addendum Page 2

- 14 CFR 91.9....................................Addendum Page 2

- 14 CFR 61.113, 61.133.......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121..............Addendum Page 3

- 14 CFR 91.151.................................Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) ......Addendum Page 3

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ...Addendum 1 Page 4

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact us at any time if you require additional information or clarification. We look 

forward to working with your office. 

Sincerely,

Mark Kibbe, Partner

Moonlight Engineering

Addendum containing Exemption Requests and Equivalent Level of Safety

Appendix A – Flight Manual

Appendix B – Owner’s Manual for UA
Appendix A Page 1 of 4

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Moonlight Engineering, requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the ME System: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the ME System under either or both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA’s light weight, being constructed primarily of carbon 

fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. 

If an experimental airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew."

At a maximum gross weight of 6.5 pounds, the UA is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and 

meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the crew at the ground control station and available for inspection upon request. In 

order to identify the aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following information plus 

the word “EXPERIMENTAL” to satisfy the requirement of 14 CFR 45.23, which follows immediately 

after the proposed placard description below: 
Appendix A Page 2 of 4

EXPERIMENTAL 

Manufacturer: DJI Innovations, Inc. 

950 E Baseline Ave. Ste. 210 

Apache Junction AZ 85119 

Model: T600

If found please contact: (508) 341-1811

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and 

may not have a registration number assigned to it by the FAA. 

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" 

in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of 

the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that 

the permanent placard discussed in the previous paragraph will provide the aircraft's registration 

information at the ground station. Finally, we will display at the ground station a high contrast flag or 

banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. 

Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone 

that observes the aircraft and chooses to investigate its point of origin. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is 

in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is 

available to the aircrew while operating the aircraft. We request an exemption to this requirement since 

the aircraft is not only too small to carry documentation, the documentation would not be available to the 

crew during flight operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

UA Flight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft 

is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of 

an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 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.

Our proposed operations require that the PIC must either 

1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours of flight experience

in this type of UA, or 

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which 

the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot 

written examination." Since there are currently no means available for the pilot of a UAS to gain the 

experience in an equivalent category and class in order to apply for a commercial pilot's license, we 

propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA 

commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition 
Appendix A Page 3 of 4

to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we 

feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct 

a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls." 

The ME System ground-based control station consists of a small hand-held radio transmitter and while it 

does not offer a second set of "controls", both the student and instructor can, and will, operate the single 

set of controls simultaneously. With both student and instructor having "hands-on" the controls during 

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 

feet AGL, we cannot comply with this requirement. 

In order to provide an equivalent level of safety we will only fly over private property with a size of at 

least two acres with the permission of the owner of the property flown over. The aircraft will not be 

operated over congested areas or over any open air assembly of persons. The property owner will be 

briefed on the expected route of flight and the associated risks to persons and property on the ground. The 

aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of 

the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which 

should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the UA on-board computer to the display screen held by the PIC, 

providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The UA is battery operated and the maximum duration of flight from a single battery charge is 

18 minutes with a 20% reserve. Since the aircraft will never fly more than 3⁄4 NM from the point of 

intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement 

of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation 

with the word "energy".

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that 

the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and 

inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC 

will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct 
Appendix A Page 4 of 4

detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to 

repairing small cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the manufacturer or 

their designated repair facility. The PIC will document work performed in accordance with 91.417. We 

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level 

of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate 

issued under part 67 in order to perform as a pilot or observer. The UA maximum gross weight is 6.5

pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO 

are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically 

incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and 

land without crew intervention.

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot 

carrying passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the

PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much 

larger vehicle.
Appendix A Page 1 of 1

APPENDIX A – FLIGHT MANUAL

FLIGHT RESTRICTIONS 

a) No flight will be made with a UA Gross weight exceeding 55 pounds; 

b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed of 

no more than 50 knots and no further than 3/4 NM from the PIC; 

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate 

verbally at all times during a flight operation; 

d) Operations will be restricted to flights over property with the permission of the property owner; 

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a 

minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten 

hours logged as a UA pilot with a similar UA type; 

f) All required permits will be obtained from state and local government prior to operation; 

g) The ME System will not be operated over densely populated areas; 

h) The ME System will not be operated at air shows; 

i) The ME System will not be operated over any open-air assembly of people; 

j) The ME System will not be operated over heavily trafficked roads; 

k) The ME System will not be operated within 5 NM of an airport or heliport; 

l) Operations will be restricted to day only and weather conditions equivalent to VFR; 

m) The PIC will brief the VO and property owner about the operation and risk before the first flight 

at each new location; 

n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA is in a condition safe for flight.

PREFLIGHT CHECKLIST 

1. Remote controller, aircraft battery, and mobile device are fully charged.

2. Propellers are mounted correctly and firmly.

3. Micro-SD card has been inserted if necessary.

4. Gimbal is functioning as normal.

5. Motors can start and are functioning as normal.

6. DJI Pilot app connected to the aircraft.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated 

and will bring the UAV back to the PIC.