United States of America

Department of Transportation

Federal Aviation Administration

Washington, DC

Regulatory Docket No: _______________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Triptych Construction, llc

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENT OF TITLE 14 OF THE CODE OF FEDERAL 

REGULATIONS

Seeking specific exemption from:

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 

45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 

91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATIONS OF YUNEEC ELECTRIC AVIATION, DJI AIRCRAFT, 3D ROBOTICS 

AIRCRAFT, INVICTUS BASED AIRCRAFT, FALCON UNMANNED AND ECA- INFOTRON UNMANNED

AIRCRAFT

Submitted December 8

th, 2015

 Joshua Murphy

Triptych Construction, llc 

269 Abbott St. 

Glide, Oregon 97443

Email: Joshua.Murphy@invictusus.com

 Tel: (541) 673-4870
TABLE OF CONTENTS

COMPANY ADDRESS AND EXEMPTION REQUEST LISTING..................................................... Page 3

SUMMARY AND FORMAL REQUEST........................................................................................... Page 3

INTRODUCTION AND INTEREST OF PETITIONER....................................................................... Page 4

INTENDED USE & PRIMARY INTEREST........................................................................................ Page 5-6 

STATITORY AUTHORITY FOR EXEMPTION.................................................................................. Page 7

RELIEF IS OF PUBLIC INTEREST....................................................................................... Page 8

RELIEF WOULD NOT ADVERSELY AFFECT SAFETY........................................................ Page 8

THE EXTENT OF RELIEF AND REASON............................................................................ Page 9-14

SPECIFIC SECTIONS OF 14 CFR FOR WHICH EXEMPTION IS REQUESTED................ Page 10-15

PROPSED AIRCRAFT FOR CONSIDERATION................................................................... Page 10-18

MAINTENANCE AND GENERAL COMPANY POLICY....................................................... Page 18-23

SUMMARY THAT CAN BE PUBLISHED AT THE PUBLIC REGISTER............................... Page 23

CONCLUSION..................................................................................................................... Page 24

EXHIBITS

 Aircraft intended to be used by our company are aircraft already accepted by the FAA that 

have already received exemption status as noted here-in

EXHIBIT A – Forms / SOP / Training
 

SUMMARY

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, 

Triptych Construction, llc, a Civilian Government Contractor with a connecting and supportive company (Invictus 

Technical Solutions, llc) specifically assigned the task of UAS R&D, training, maintenance, and sales with functions 

for Manufacturers, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

commercial operation of its Small Unmanned Aircraft Systems ("UAS") for aerial imaging for safety and monitoring 

of secured and controlled environment construction sites, so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by Section 333. 

As detailed in this document and our linked Flight Manuals, the requested exemption would permit the operation 

of various listed and custom UAS under controlled conditions in airspace that is 

1. Limited 

2. Predetermined 

3. Controlled as to access and 

4. Would provide safety enhancements to the already best practices safety protocols followed by Invictus 

Technical Solutions, llc at each one of its project sites. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish 

requirements for the safe operation of such aircraft systems in the national airspace system." Section 

333(c) of the Reform Act. 

Triptych Construction, llc seeks exemption from: 

14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 

91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). 

Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

The Name and Address of the applicant is: 

Triptych Construction, llc

Joshua Murphy PH: 541-673-4870

Email: joshua.murphy@invictusus.com

Address: 269 Abbott St.

Glide, Oregon 97443
INTRODUCTION

Management Overview

Invictus Technical Solutions, llc (ITS) is currently known for our experience assisting Governmental 

agencies to include Airforce bases in the area of UAS support. We feel we have the foundation to insure 

safe and effective UAS integration into National Airspace and civilian applications. With this “Military” 

methodology as a base foundation, we expect that our UAS division will surpass the FAA and DOT 

requirements currently in place to bring safe integration of UAS into the National Airspace. Joshua 

Murphy, the owner of Invictus Technical Solutions, llc (ITS) is also the owner of Triptych Construction, llc.

(Triptych) is this exemption applicant. In the event that Triptych receives a FAA granted Exemption it will 

operate under its own guidance and policies tailored to its company use of unmanned systems but will 

also be directly governed by Joshua Murphy and Invictus Technical Solutions, llc – Unmanned Aircraft 

division for additional support and over watch of Triptych UAS deployments. Invictus Technical 

Solutions, llc has a 333 Exemption request pending final determination within the FAA.

See Docket FAA-2015-4805 / Invictus Technical Solutions, llc

Please refer to our main company website(s) for more company details: www.invictusus.com

www.triptychconstruction.com

With many checks and balances already in place, support staffing and methods to validate flight 

restrictions, training and technical aptitude, we believe we are at the forefront of what many others 

have yet to achieve. Invictus Technical Solutions Management staff consists of:

1. Owners:

a. Extensive experience involving military support of UAS systems. Both owners are exMilitary whose full time duties while deployed involved UAS support. We have 

continued to offer the same services for the last 6 years as a civilian based military 

contractor.

2. Director of Unmanned Systems

a. The Managing Director of UAS with 15 years of UAS development and an established 

connectivity to numerous collaborations teams we have created in support of UAS. 

3. Flight Operations Approval Lead

a. A Certified CFI with over 40 years of aviation based management and operations 

experience.

4. Pilots

a. Our current pilots boast years of RC Modeling experience.

b. Applicants typically have military, Aviation or degrees in UAS

As a UAS service provider Invictus Technical Solutions, llc has been granted Manufacturers authorization 

to train, sell, deploy and repair systems. It is our opinion that the systems sold by DJI, Yuneec, 3D 

Robotics and Infotron, the manufacturers, have a main component that controls the output and abilities 

of each individual UAS System they offer. In many cases, the Phantom, the S800 EVO and so on. With 

this companies support for Triptych Constructions UAS use we expect to see great things!
For Safety Consideration and efforts to compete with our competitors we feel that consideration should 

be made to the systems authorized to be deployed by way of this exemption. Systems will be deployed 

based on their ability to meet the need of the client and based on location flight safety concerns. Due to 

the advancements made by each manufacturer it is typical that the system sold will be in need of 

upgrade either to software or hardware routinely which may/may not change its operational 

parameters as stated prior to the request for exemption. In order to maintain an adequate level of 

safety and operational use we believe that the consideration to the airframe or UAS used should be 

applicable to mainly the “Autopilot” or UAS Controller used by the system. Most systems already 

granted exemption already use the same UAS Controllers but are installed into various sizes of UAS 

fuselages. That being said, each manufacturers UAS using the same controller will have the same level of 

safety and ability as their larger counterpart typically. In our situation, we will use those same autopilots 

and control systems to build future flying UAS platforms for clients and ourselves and will maintain 

testing and flight worthiness records for review as new systems are in place or upgraded per 

manufacturers expectation. We request the ability ascertain which already approved UAS best meets 

the needs of the client while satisfying National Airspace safety protocols and expectations with an 

understanding that the minimum FAA demand for base safety protocols and procedures be the 

foundation of anything created or modified.

Intended UAS Use

Triptych Construction, llc has the main intention of offering services in areas extending outside of towns 

and city venues for clients such as USFS, DOT, DOF, BLM and the like. We believe that the best uses of 

the services we offer via UAS will be that of Engineering based applications in areas far and away from 

the public or under very controlled environments. We believe this would allow us a way to provide a 

safety track record for the FAA while BETA testing and proving systems abilities without risk to people or 

property. 

Primary areas of Interest for Public Good:

1. Property inspections - Roofing inspections, especially tile roofs, are susceptible to added 

damage from an investigator walking on the roof to complete his initial inspection. A UAS could 

do the work and record the inspection findings without the probability of additional roof 

damage or personnel injury from falls. This service would be valuable to companies like: Roofing 

contractors, Insurance adjusters, property owners, renters, etc. 

2. Construction defect investigations - Site investigation and findings specifically for Dams and 

Bridges, utility and pipeline would be greatly enhanced by the use of a UAS. It can be very 

expensive to safely find and document exterior construction defects on multiple story 

structures. A UAS could inspect, find and record information that would be otherwise only be 

accessible by ladders or scaffolding. Also a UAS would be a much safer way to do this type of 

high and/or difficult access investigation. 

3. Site investigation - Such as steep hillside or cliff face. Recording the visual condition of existing 

hillsides or bluffs that would otherwise be very difficult to access and record. It would also be 

less intrusive to environmentally sensitive areas and would typically involve human scaling of 

such areas to review.
4. Site development - Creating high resolution scalable overhead photography of a property or 

structure would be valuable to engineers, architects, designers and landscape architects in 

evaluating the best use for developing a property and the potential effects that such 

development might have. Development of existing properties for remodeling or renovation 

especially commercial building where equipment is located on the roof would also benefit from 

HD photos that document the equipment and its location. Currently Google Maps are useful for 

such needs but only with a very low resolution overhead photo of such properties.

5. Developers and Construction Companies - To record and document the overall progress of 

large developments and to observe and document job site safety. 

6. Natural Resources – We have many avenues to pursue for BLM, DOF and the USFS in regards to 

Noxious weed monitoring, wild horse counts and so on. Oregon as a whole can benefit greatly in 

the use of Unmanned Systems as remote areas in need of monitoring are not only at times 

inaccessible, but can be evaluated by UAS without disturbing the immediate area with heavy 

equipment or foot traffic. We believe the methods we’ll employ will be less intrusive to the 

environment.

7. Demonstration and Support – As an authorized reseller for Yuneec and Infotron /ECA Robotics 

products, we often are called on to demonstrate our products prior to the sale of such items.

Also, our clients with Un-manned systems are expected to receive routine in-service system 

training. A few of our clients are Law Enforcement Agencies. This training is of great importance 

to their success.

8. Public UAS Outreach and Education - Also, it is necessary to provide public outreach to promote 

positive UAS use by civilians. We currently oversee the Maj. Gen. Marion Carl Foundation (Link 

Here) a Foundation that brings Aviation and UAS into schools for STEM. We believe these efforts 

should continue so as to assist in increasing youth’s involvement in Science but also to assist in 

bringing viable UAS operators into the hiring pool of UAS companies.

There are many other areas that a UAS would be a safer, accurate and less expensive alternative to 

current commercial services but Triptych Construction, llc would be specifically interested in the areas 

mentioned previously mainly due to the restrictive access and least likely to cause injury to people and 

damage to property.

STATUTORY 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 U.S .C. §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 (NAS) 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's 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). 

WILL NOT AFFECT SAFETY

Triptych Construction, llc UASs are multirotor and fixed wing vehicles, weighing 55 or fewer pounds

including payload. They operate under normal conditions at a speed of no more than 65 mph and often 

have the capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS 

used will operate only in the pilot's visual line of sight at all times and will operate only within the 

recommendations described in the listed Flight Manuals, Such operations will insure that the UAS will 

"not create a hazard to users of the National Airspace System or the public." Reform Act Section 333 (b). 

Given the small size of the UAS involved and the restricted and sterile environment within which they 

will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to 

commence immediately. 

Also due to the small size of the UASs and the low altitudes and restricted areas in which our UAS will 

operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in 

the public interest. Accordingly, Triptych Construction respectfully requests that the FAA grant the 

requested exemption without delay. 

II.PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's 

intent of allowing UAS to operate with significant safety precautions in low risk environments. 

The use of UAS on a construction or inspection site can significantly reduce the risk to workers of falls 

while inspecting, surveying, or monitoring site progress. UAS can inspect, photograph, and collect data 
on hard to get to areas that otherwise would require worker inspection. Falls are the leading source of 

workplace fatality and injury on construction sites', and reducing falls through UAS use for site imaging 

could save workers lives. 

Additionally, UAS could replace and/or augment the use of helicopters and small aircraft to monitor 

sites. The UAS we propose to fly in this application are under 55 pounds, and carry no combustible 

material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to UAS 

from helicopters presents a marked safety increase for our workers and the public. 

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection over a construction site. Our UAS use rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier. 

III. EQUIVALENT LEVEL OF SAFETY

Triptych Construction, llc proposes that the exemption requested herein apply to civil aircraft that have 

the characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety 

Enhancement to the already safe protocols followed on construction sites and imaging and surveying 

operations conducted with helicopters and other conventional aircraft. 

Triptych Construction, llc will be bound by the following limitations when conducting its UAS operations 

under an FAA issued exemption: 

1. The UAS will be less than 55 pounds. 

2. Flights will be operated within visual line of sight of a pilot and Visual Observer. 

3. Maximum total flight time for each operational flight will be 120 minutes or less. The UAS 

calculates battery reserve in real time, and will return to its ground station with at least 20% 

battery power reserve should that occur prior to the 120 minute limit. 

4. Flights will be operated at an altitude of under 400 feet AGL, unless ATC / FAA Authorization is 

in place. 

5. Crew for each operation will consist of the UAS pilot and Visual Observer, who will keep the 

UAS within his visual line of sight at all times.

The UAS pilot will be trained in flight, operations, and safety procedures as detailed in this 

document and as detailed in the DJI, Yuneec, 3D Robotics and Infotron/ECA Manuals. 

See EXHIBIT A – Company Forms, Operating Procedure etc

7. The UAS will only operate within a confined area as defined in this document. This document 

and the supportive Manual’s also requires the establishment of a Security Perimeter for the 

flight operations area. These are in addition to the already developed Standard Operating 

Procedures developed by our company which are even more restrictive and detailed.

8. A briefing will be conducted in regard to the planned UAS operations prior to each day's flight 

activities. It will be mandatory that all personnel who will be performing duties within the 
boundaries of the safety perimeter be present for this briefing. All pre-preparations, restrictions 

and activity before, during and after flights are documented via the Flight Plan documents after 

which are archived for review when requested.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will 

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of 

the flight operation. 

10. The pilot and team will have been trained in operation of UAS generally and received up-todate information on the particular UAS to be operated as required by this document. Each pilot 

and team shall be trained and tested in each intended use of the system(s) and shall be deemed 

(MQ) Mission Qualified only after testing and passing of such.

11. Written and/or oral permission from the relevant property holders will be obtained. In the 

event that adjoining properties may be in sight of the surveys conducted, steps will be taken to 

obtain permission and outline the purpose of the flights for the relevant property holders. 

12. All required permissions and permits will be obtained from territorial, State, County or City 

jurisdictions, including local Law Enforcement, Fire, or other appropriate Governmental 

agencies. 

13. If the UAS loses communications or loses its GPS signal, it will have capability to return to a 

predetermined location within the Security Perimeter and land. Additional protocols will be in 

place to abort any missions that are interrupted due to unforeseen events.

IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR Part 21, Subpart H: Airworthiness Certificates 14 

C.F.R. §91203(a)(1) Subpart H, entitled Airworthiness Certificates, 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 Lloyd & Associates, 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 U.S.C.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. Our small UAS systems will be operated at low speed 

in a controlled environment, at least five miles from an airport and more than three miles from any city 

or densely populated area. 

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 (fixed wing or helicopter) operating with an airworthiness certificate without the 

restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, 

carries neither a pilot nor passenger, carries no explosive materials, and operates exclusively within a 

secured area as set out in this document and the supportive manual’s (See EXHIBIT A and B). Like other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, 

pursuant to this document and the additional Manual's requirements, and under the requirements and 

in compliance with local public safety requirements, to provide security for the area of operation as is 
currently done on active construction sites. These safety enhancements, which already apply to civil 

aircraft operated in connection with construction sites, provide a greater degree of safety to the public 

and property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is 

no credible threat to national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and ability to carry an external load no 

greater than 10 lbs. 

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport category 

aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "lightsport," "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, two-inch lettering will be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the 

UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 

10700, 8738, 10167 and 10167A. 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the pilot operating the aircraft to have completed a manufacturers UAS flight 

training course when available and an Invictus Technical Solutions, llc basics course of 20 hours before

authorized to fly an Invictus based UAS. 

A Management employee or consultant with a Private and/or Commercial Pilots Licensing will be 

employed for the purpose of evaluating and authorizing new Intern pilots “Solo” abilities. Steps will be 

taken to also enroll pilots into UAS / Ground School FAA course work from www.uavgroundschool.com

of whom we have partnered with to prepare for future FAA certification requirements. Only after 

testing, hands on and hours in air will an Intern UAS Pilot be authorized to operate on their own after 

meeting Mission and system qualifiers required by Invictus. Unlike a conventional aircraft that carries 

the pilot and passengers, the UAS is remotely controlled with no living thing or cargo on board. The area 

of operation is controlled and restricted, and all flights are planned and coordinated in advance as set 

forth in this document. The risks associated with the operation of the UAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the UAS as requested with a pilot who has met the minimum requirements of this 

document exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 
14 C.F.R. 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, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the individual UAS Manual’s for maintenance and use of safety checklists 

prior to each flight, as set forth in this document, 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 flight manual at the ground control 

point via paper or electronic means where the pilot flying the UAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: 

*Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700. 

14 C.F.R. 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 this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the Preflight Checklist in this document and the additional UAS

Manuals. These actions will provide an equivalent level of safety. 

14 C.F.R. 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 and remotely piloted aircraft 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 FAA has previously approved exemptions for aircraft without fully functional dual 

controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety 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. We propose that the requirement 

may also be remedied by way of “Buddy Box” training, a method that tethers two radio controllers to 

each other providing the trainer the ability to override the student’s flight.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 
This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and 

vertical landing, which will typically operate at altitudes of under 400’ AGL, so an exemption may be 

needed to allow such operations. The UAS will never operate at altitude higher than 400’ AGL unless 

approved by ATC and will be in a restricted area with pre-planned security perimeter, where buildings 

and people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and any onsite personnel as 

outlined in the UAS Manuals and (EXHIBITS A ) all affected individuals will be aware of the planned flight 

operations and pre-steps taken to validate airspace use. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 55 lbs. proposed herein and carrying large quantities 

of flammable fuel, any risk associated with our operations is far less than those presently presented with 

helicopters and other conventional aircraft operating at or below 500 AGL in the construction industry. 

In addition, the low-altitude operations of the UAS will ensure separation between these small- UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. 91.121: Altimeter Settings

This regulation requires 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." 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 operator, 

pursuant to the Manual and Safety Check list, 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. Our UAS is limited 

to operations in sterile and controlled environments as outlined in the Manual, and has a limited range 

and flight time which require an exemption from 14 CFR 91.151(a). 

The battery powering the individual UAS systems provides up to approximately 60 minutes of powered 

flight. To meet the reserve requirement in 14 CFR §91.151, UAS flights would be limited to 45 minutes in 

length for systems capable of such or 1⁄4 reserve of fuel / battery capacity whichever is greater per UAS 

used. This shall be maintained for failsafe return of such UAS. Given the limitations on the UAS's 

proposed flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight or night VFR conditions is reasonable. Invictus Technical Solutions, llc

believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property owners 

or official representatives who have signed waivers will be allowed, with less than 15 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS. Additionally, limiting UAS flights to 3⁄4 of their flight capacity in minutes 

would greatly reduce the utility for which the exemption will be granted. 
An equivalent level of safety can be achieved by limiting flights to 3⁄4 of the individual UAS capability in

minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 25% 

of power reserved (as determined by the onboard monitoring system and the pilot and individual UAS 

systems abilities), whichever happens first. This restriction would be more than adequate to return the 

UAS to its planned landing zone from anywhere in its limited operating area. 

*Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

and 10808. 

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: 

(1) An appropriate and current airworthiness certificate.... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section 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. 

The UAS fully loaded weighs no more than 55 lbs 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 flight control 

point where the pilot flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS. 

*The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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 section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Triptych Construction, llc. Maintenance will be accomplished by the operator

or contractor pursuant to the flight manuals and operating handbooks as referenced in this Document 

and the Individual relevant UAS Manuals. An equivalent level of safety will be achieved because these 

small UASs are very 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. As provided in the included UAS Manuals and this document, the 

operator 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 operator 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. 

*******

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 

C.F.R. § § 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) 

and (b); 91.405 (a); 12 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55lbs or less) in construction and survey operations. 

Approval of exemptions allowing commercial operations of UASs in the construction industry enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS 

weighing fewer than 55 lbs. and typically powered by batteries eliminates virtually all of that risk given 

the reduced mass and lack of high quantities of combustible fuel carried on board. The UAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft 

flights. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled 

environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

AIRCRAFT FOR CONCIDERATION

Triptych Construction, llc is a licensed, bonded and Insured organization 

serving many Governmental agencies providing both services and 

products and is owned and Operated by Joshua Murphy who has also 

submitted a 333 Exemption request for Invictus Technical Solutions, llc 

on July 22nd, 2015. See Docket FAA-2015-4805 
In an effort to maintain safe operations and provide a service to the 

client that meets their specific need and mission, we respectfully 

request the ability to use more than one UAS asset and decide which 

UAS system we have on hand that will meet the mission, safely.

This exemption request includes the following UAS systems that we sell

through our connected UAS Company, Invictus Technical Solutions, llc

use and/or manufacture or represent for the respective manufacturers.

DJI Based System(s)

Manufactures Website: http://www.dji.com/

Due to the extensive documentation and acceptance for below the listed platforms, only a link and 

reference numbers have been provided.

*Currently we do not sell DJI Based products. We routinely use them and offer repair solely.

Aircraft(s) Exemption Already Granted / Docket #

DJI Phantom 2 (Quad Copter)

DJI Phantom 2 Vision (Quad Copter)

DJI Phantom 2 Vision+ (Quad Copter )

DJI Inspire (Quad Copter)

DJI S1000 Spreading Wings (Hexacopter)

Exemption No. 

12531 / FAA-2015-1332

DJI S800 EVO (Hexacopter)

DJI Phantom 3 (Quad Copter)

Exemption No.

11788 / FAA-2015-1003

_____________________________________________________________________________________

3D Robotics Systems

Manufacturers Website: http://3drobotics.com

Due to the extensive documentation and acceptance for the below listed platforms, only links and 

reference numbers have been provided.

*We are in the application process of granted Manufacturers abilities to train, sell, deploy and repair 

systems sold by 3D Robotics, the manufacturer, through our connected company, Invictus Technical 

Solutions, llc. 
Aircraft Exemption Already Granted / Docket #

3DR Aero M (Fixed Wing)

3DR X8 Mapper (Hexacopter)

Exemption No. 

11617 / FAA-2015-0549

3DR IRIS+ (Quad Copter) Exemption No.

11494 / FAA-2015-0304

__________________________________________________________________

Yuneec Electric Aviation

Manufacturers Website: http://yuneec.com/

Due to the extensive documentation and acceptance for the below listed platforms, only a link and 

reference number has been provided.

*We have been granted Manufacturers abilities to train, sell, deploy and repair systems sold by Yuneec, 

the manufacturer, through our connected company, Invictus Technical Solutions, llc.

Aircraft Exemption Already Granted / Docket #

Yuneec Q500 (Quad Copter) Exemption No. 

12565 / FAA-2015-2394

_____________________________________________________________________________________

FALCON Unmanned

Manufacturers Website: www.falconunmanned.com

Due to the extensive documentation and acceptance for the below listed platform, only a link and 

reference number have been provided.

Aircraft Exemption Already Granted / Docket #

FALCON UAS (Fixed Wing) Exemption No. 

11722 / FAA-2015-0151 

___________________________________________________________________

Infotron / ECA Robotics

IT180 Coaxial UAS

Manufacturers Website: http://www.infotron.fr/?lang=en & http://www.ecagroup.com/searchresult/IT180

Our company has been granted Manufacturers abilities to train, sell, deploy and repair these systems, 

sold by Infotron / ECA Robotics which include the IT180 Electric VTOL, IT180 Gas VTOL and the IT180 

Tethered system.

Aircraft Exemption Already Granted / Docket #

Infotron IT180 Electric coaxial UAS Exemption No. 13326 / FAA-2015-2365
Due to the advancements made by this manufacturer it is typical that the system sold will be in constant 

upgrade by our firm, either to software or hardware, during its deployment which may/may not change 

its operational parameters which typically involve more safety features or operational “Time in Air” for 

the systems. In order to maintain an adequate level of safety and operational use we believe that the 

consideration to the airframe or UAS used should mainly be applicable to the “Autopilot” or UAS 

Controller used by the system and the “base” setup presented to the FAA. In the event of substantial 

changes made to the IT180 system, we will make an amendment for submission to the FAA as 

warranted.

We are the exclusive US Reseller of this system and will be certified as trainers and technicians for 

Infotron / ECA in France and in concert with the below liazon.

NOTE: This system has been granted N Number designation (N180UV) and 

Exemption to:

John Parker 

Integrated Robotics Imaging Systems of Alaska, USA

Docket #: FAA-2015-2365 / Exemption # 13326

We are directly connected to this person and organization by contract as the Reseller, Trainers and 

Technicians for the IT180 Coaxial UAS Manufacturer ECA / Infotron.

Maintenance 

To ensure safe operational control a maintenance schedule will be followed, a personal tailored 

maintenance manual has been created, and quality replacement part will be used. 

Inspection: Before and after every flight, the accepted UAS operational condition will be inspected for 

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

fuselage for damage. If damage, cracks or unusual ware is detected the flight will be suspended until 

proper repairs have been made. 

Replacement Parts

Being an authorized repair, resell and training facility for various UAS suppliers, we often are engaged in 

the repair and replacement of UAS parts for specific UAS. We will select replacement parts and upgrades 

to software and hardware based on manufacturer recommendations and submit amendments to the 

FAA for any modifications made that may alter our exemption request.

• The UAS will be always be in compliance with the FAA airworthiness regulations. 
Safety Concerns

To insure safety to operators and others a series of steps shall be taken to limit safety incidents to 

include accepting only missions outside of the city limits, tightly controlled areas of survey, adequate 

high visibility clothing, helmets and banners used as required. 

To ensure safety, all non-essential personnel will be removed from the area. There will be no flights over 

heavily populated areas such as 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 weather that is deemed 

unacceptable flying conditions determined by the Pilot and individual UAS system abilities as outlined in 

each individual Operations Manuals. 

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

fuel the UAS has a GPS controlled return to home feature. The "home" is set upon flight startup. - Auto 

Return-to-Home & Landing. This ability is offered and used on all of our company based UAS’s we will 

deploy. Refer to each UAS Manual for specific details and abilities.

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

properties. Pilot and spotter in addition to Perimeter security will be in constant communication by live 

two way radio, 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 Visual Observer. If the UAS 

cannot be seen the return home failsafe will be used to regain visual control. Height: Flights will not 

exceed 400 ft AGL above subject properties at any time unless authorized by FAA / ATC beforehand. 

Potential Hazards 

The following are potential hazards that may, or may not be, present during flight operations. The Pilot 

and Visual Observer will be aware of:

1. Other UASs –

2. Houses, Commercial Buildings, Shops, and Out Buildings –

3. Power Lines, Low Voltage Lines, High Voltage Lines, Cable Lines -Trees, Shrubs, and Hedges -

Automobiles and RVs –

4. Wildlife, both Land and Air -Rivers, Lakes, Ponds, Sounds, Straits, and Other Bodies of Water -

Unaccounted for People –

5. Unaccounted for Pets -

Insurance Coverage 

Currently we have $2,000,000 Insurance coverage through Sutton James / Global Aerospace, a leader in 

UAS liability coverage.
Privacy Concerns

With each commercial flight a signed agreement, will be in place. Person(s) Deemed by State statute as 

“Person in Charge” such as property owner, contractor, engineer or authorized agent shall sign 

documentation authorizing Triptych Construction, llc to authorized property access via UAS for the 

purpose of aerial survey / photography purposes. 

See (Exhibit A)

Neighboring parcels or property notification

 During each flight operation, the UAS pilot will be extremely mindful of neighboring parcels to 

not film, record, or take pictures of people and property without their having been advised 

beforehand. These areas shall be known before hand with Pilot and crew making adjustments to 

Perimeter Fencing of flights via software or manually.

 In the event that a survey is conducted near areas of privately owned properties, a door hangar 

shall be placed on potential privacy breeches identifying the upcoming aerial survey with 

instructions detailing contact information regarding the survey. Alternative methods such as 

door to door contact shall be made in advance of the survey.

Suburban Homes & Properties

Homes that are within residential neighborhoods, it is easy for the camera's field of view to record and 

take pictures of homes and properties that are not intended to be advertised for sale. As the UAS 

increases altitude, so does the risk of inadvertently filming a home or property that hasn't given written 

permission to do so. Where privacy is a concern, images will be cropped to omit neighboring properties. 

Properties with Acreage

Homes and properties with acreage have a higher degree of uncertainty when trying to determine lot 

lines, boundaries, and proximity to neighboring properties than a suburban home. Also, people looking 

to purchase a home with acreage, or a larger lot, have a higher degree of interest on knowing were the 

approximate lot lines are and an aerial perspective affords them such information. 

The use of an UAS would be the most effeminate means to provide such information. 

Homes with View & Waterfront

People looking to purchase and/or sell a home, or a property, with a view, or on waterfront, want to see 

the home or property from an aerial perspective and to be showcased in this format. This is part of 

property owner profile. In addition, even though neighboring parcels might be shown in the picture and 

video, the neighboring properties will only be included if is necessary to the subject property's 

marketing materials. 

 All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge. Images taken will be of individuals who have also consented to being 

filmed or otherwise have agreed to be in the area where aerial photography will take place. 
Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security - provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant's UAS in the 

construction, realty industry pursuant to the related UAS Manuals and this document appended 

hereto.*

Operational Conditions

To capture high resolution images and video operational conditions will be closely monitored because 

ISR and photography missions must be done in the best light. Image quality is the utmost client priority. 

 Day Time (Typically Noon hour)

 Sunny Weather is Highly Preferred 

 Little to No Cloud Cover 

 Zero to Low Wind Speeds 

 High Visibility Conditions *Night operations are not permitted. 

Pilot Pre- Qualifications and Training

Training and Qualification Sessions for a Triptych construction, llc certified pilot(s) are as follows. 

1. All applicants are drug screened in an authorized screening facility.

2. Pre-Employment background check and US Resident verification.

3. Pilot will be in good health. 

4. Pilots in training act in the capacity of “Interns” alongside the Pilot in Command while assisting 

as Observer during all technical reading and hands on training. A minimum of 20 hours hands on 

intensive training with operating 5 hours of platform specific computer based simulator training 

prior to First Commercial Piloting Flight Operations.

5. New Pilots will demonstrate a workable knowledge of the UAS to include proficiency in 

operational and sensor control systems, technical manuals and troubleshooting prior to 

deployment in the field.

6. Pilots in training will watch platform specific Online Training Videos by both manufacturer and in 

house as well as through Commercial Flight Instructors working with us on training.

7. Pilots will attend Upcoming, and Local, UAS Courses (This is Part of Pilot's Continuing Education) 

8. Pilots will attend Courses Hosted by Invictus Technical Solutions, llc and 3rd parties (This is Part 

of Pilot's Continuing Education) 

9. Every Pilot Will Follow the Flight Plans and Schedules Set Forth in this Document and current 

FAA regulations after initial review of the Director of Unmanned systems and the UAS 

Operations lead.

Typically, the UAS Division will hire a potential pilot and put them through a regiment of training

provided by Triptych Construction, llc and Invictus Technical Solutions, llc – UAS division. This training

includes 20 hours of technical learning done through manufacturer’s technical manuals, videos and 

online learning materials supplied via third party and others created by the department.
These documents are maintained via a company share drive in the form of module training courses. 

Each “Intern” must pass all phases of these courses to be considered for a UAS pilot position. Job 

placement depends on the applicant’s abilities and proven skill set upon completion of the course work.

Each Pilot and crew member must become (MQ) Mission Qualified by Invictus prior to flying specific 

types of missions and must perform tasks to prove abilities of operation of each UAS system to be used. 

These tests and qualifiers are maintained in the company Training and Qualifications binder.

See (Exhibit A):

 Company UAS Policy

 UAS Training SOP

Management and Organization of the UAS Division

Invictus Technical Solutions, llc is in the Corporate hub for Triptych construction management an is 

currently a civilian military contractor dealing with unmanned system connectivity on various Military 

facilities. That being said, we pride ourselves in readiness and pre-planning of missions, equipment and 

fail safes. Below are some programs we have initiated to insure proper alignment of policies involving 

safety, documentation and training. This mindset will be utilized in assisting Triptych Construction, llc 

unmanned system team:

1. Steps have been taken to insure pre-awareness of the flight areas to be flown via airmap.io and 

http://knowbeforeyoufly.org

a. other resources available in field

2. Documentation tracking equipment maintenance, use and Pilot hours

a. We utilize written pilot logs, Phone apps and software such as dronelogger.com with 

current work being done to develop our own databases.

3. Upper Management with documented skill sets

a. Owners: Military UAS experience to include related security clearances.

b. Director of UAS offers 15 years of UAS development and connectivity with 

Manufacturers and service providers. 

c. Flight Operations Approval Lead: Comprised of individuals having substantial 

backgrounds in aviation with appropriate certifications and backgrounds.

Pre-Flight Checklist 

Prior to every flight, the pilot will go through a pre-flight checklist. The checklist will then be filed with 

every property's file in the event of an audit. When applicable, each pre-flight checklist will be tailored 

to each individual UAS as required.

Exhibit A

 UAS Aerial Survey Check sheet created by our company
Active Flight Operations 

Exercise continuous control of UAS, monitor potential hazards, be aware of changing environments that 

may present hazards. UAS will always be in view of Pilot and Visual Observer. There will be a strict flight 

ceiling of 400 ft AGL. All flight will be done in accordance with current FAA rules and the conditions set 

forth in this document. 

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

STATING:

THE RULES FFROM WHICH TRIPTYCH CONSTRUCTION, LLC

SEEKS EXEMPTION:

Triptych Construction, llc seeks the exemption from the requirements of

14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 

91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

A brief Description of the nature of the exemption Invictus Technical Solutions seeks:

This exemption will permit Triptych Construction, llc to commercially operate approved un-manned 

systems (UAS) for the purpose of aerial acquisitions and surveys within the National Airspace System 

(NAS)
CONCLUSION

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, Triptych Construction, llc respectfully requests that the 

Administrator grant this Petition for exemption from the requirements of Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations from:

14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 

91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b) 

and permit Triptych Construction, llc to operate listed Yuneec Electric Aviation, 3D Robotics, DJI, Falcon 

Unmanned and ECA- Infotron UAS commercially for the purpose of conducting aerial imaging and 

surveying within the National Airspace.

Dated: December 8th, 2015

Respectfully Submitted,

Triptych Construction, llc

Joshua Murphy – President

269 Abbott St.

Glide, Oregon 97443

Phone: (541) 673-4870

Email: Joshua.murphy@invictusus.com