U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE Washington, DC 20590

Michael J. Murphy

15 Walling Avenue

Oneonta, NY 13820

607-267-9123

mjmoneonta@gmail.com

Subject: Petition for Exemption to Operate Phamton 2 Plus sUAS for the Purpose of Real Estate 

Photography, Sporting Events Photography and Public Events Photography.

Dear Sir or Madam,

Michael J. Murphy (MJM) is requesting exemption from the Federal Aviation Administration for 

certain Federal Aviation Regulations so that I may use a sUAS (small Unmanned Aircraft System) in 

conducting the business of aerial photography in the real estate market, sporting event filming for 

coaching evaluations, and for filming public events for clients. 

The sUAS I will be using is the DJI Phamton 2 plus Quadcopter. The DJI Phamton 2 plus has safety 

features that include Return Home Automatically if the sUAS should exceed its control range or if there 

is a failure in the control module and a No Fly Zone warning feature that alerts the PIC and VO if the 

sUAS gets to close to an airport or restricted airspace. The sUAS will return to its launch point 

automatically when it determines the battery levels are too low. The Phantom 2 plus has a take-off 

weight of 1250g and operates at 5.8GHZ. Accent and decent speed is 6m/s. Maximum flight speed is 

10m/s.

Re: Request for Exemptions Pursuant to Section 333

Part 11, CFR –Part 21-Subpart H; Part 36; 45.23; Part 61.113(a)&(b); 91.7(a); 91.9; 91.103; 91.109; 

91.119; 91.121; 91.151(a)-(1); 91.203; 91.405(a)

14CFR – Part 21 Subpart H – Airworthiness Certificate, Certification Proceedures

14CFR – Part36 – Noise Regulations

14CFR – 45.23 – Display Markings
14CFR – Part 61.113(a)&(b) – Certifications for Instructors and Pilots

14CFR – 91.7 – Civil Air Worthiness

14CFR – 91.9 – Flight Manuals and Markings Requirements

14CFR – 91.103 – Preflight Actions

14CFR – 91.109 – Flight Instructions

14CFR – 91.119 – Minimum Safe Altitudes

14CFR – 91.121 – Altimeter Settings

14CFR – 91.151 – VFR Requirements for Fuel

14CFR – 91.203 – Certificates Required for Civil Aircraft

14CFR – 91.405(a) – Maintenance Required

14 CFR Part 21-Subpart H – (MJM) asks for exemption from an Airworthiness Certificate because of the 

size, weight and speed of the sUAS in comparison to manned aircraft makes the risks involved negligible 

in comparison.

14 CFR Part 36 – (MJM) asks for exemption from noise standards due to the sUAS size and low noise 

impact. 

14 CFR 45.23 – (MJM) asks for exemption from the marking requirements for aircraft. The size of the 

sUAS will not accommodate the minimum 2” letters. 

14 CFR Part 61.113 (a)&(b) – (MJM) asks for exemption from the certification requirements for pilots. 

While the sUAS will only be operated over private property with the consent of the property owner it is 

my belief that my 40 plus hours of actual flight time and safe operation of the sUAS and with the full 

understanding of the FAA Rules and Regulations governing the use of sUAS is sufficient to operate it 

safely in the NAS. 

14 CFR 91.7 – (MJM) asks for exemption from this FAR for the same reasons being requested for Part 21 

– Subpart H.

14 CFR 91.9 – (MJM) asks for exemption from this FAR for the same reasons being requested for Part 21-

Subpart H, as placards and on-board flight manuals are impractical on a sUAS. 

14 CFR 91.103 – (MJM) asks for exemption from this FAR as it pertains to manned aircraft. All 

appropriate pre-flight actions will be taken and documented with the sUAS. 

14 CFR 91.119 – (MJM) asks for exemption from Minimum Safe Altitudes over various areas in order to 

accomplish the intended mission. 

14 CFR 91.121 – (MJM) asks for exemption from this FAR as the sUAS does not have an altimeter that 

this FAR refers to. The Phantom 2 Plus has a flight ceiling of 300’ AGL monitoring will be monitored by 

the PIC.
14 CFR 91.203 – (MJM) asks for exemption this FAR as it requires Airworthiness Certificate. (MJM) 

requested relief from an Airworthiness Certificate in Part 21-Subpart H. sUAS will be serviced annually 

by a DJI certified service center to ensure proper functioning.

14 CFR 91.207 – (MJM) asks for exemption from operation our sUAS with an Emergency Locator 

Transmitter. My sUAS will always be flown within VLOS rules.

14 CFR 91.405 – (MJM) asks for exemption from FAR as all maintenance will be done by PIC and DJI 

certified service center as recommended by manufacturer.

My mission for safe operation in the NAS will be to always stay below 300’ ceiling, operate only within 

VLOS by PIC and a VO if required and to endo all flights when battery capacity reaches below 25%. 

Additionally (MJM) will not operate the sUAS in public places or above crowded areas without flight 

preplan and VO at each end of flight pattern. Before we deploy the sUAS we will stand signs at each end 

of the operating area to alert the public that aerial photography is taking place. Prior to each flight the 

PIC and the VO will examine the flight area for overhead power lines, trees, and any other obstacles that 

could threaten public safety. Weather conditions will be the final determining factor before each flight. 

I will be the PIC, I have over 40 hours of flying time with the DJI Phantom 2 Plus. The VO has over 15 

hours of observation time with the DJI Phantom 2 Plus and over 10 hours flying time. The sUAS will be 

flown only during daylight hours and under VLOS rules. (MJM)’s goal is to provide quality Aerial 

Photographic and Video services primarily to Real Estate Agents to enhance their business model and 

professionalism while adhering to all FAA rules for safe flight.

Before and after each flight the PIC and VO will visually inspect all rotor blades, electrical connections, 

battery conditions and levels and test the communication link between the sUAS and the controller.

It is my belief that the use of the sUAS in place of manned aircraft greatly increases the safety of the 

general public. My sUAS is compact, lightweight, carries NO flammable fuel and has not humans on 

board. Coupled with the sUAS relatively slow airspeeds and that it is being operated within VLOS and 

under 300’ AGL by a qualified PIC and VO I feel that the risks of using a sUAS to conduct aerial 

photography have been greatly reduced.

Thank you for your consideration

Respectfully, 

Michael J. Murphy