Date: Aug 28th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

 Re: Petition of Murphy UAV/UAS, Inc. for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. 

Part 11, Murphy UAV/UAS, Inc. (Murphy) hereby applies for an exemption from the Federal Aviation 

Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles 

(i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting UAS demonstrations, filming, 

video monitoring, data capture and inspection services for the following market segments; UAS flight 

education, real estate aerial residential, commercial and industrial videography and inspection, livestock 

management, agriculture, marine resource management, photogrammetry, mapping, surveying, search and 

rescue.

This petition for exemption addresses pertinent FAA FARs and CFRs, as well as but not limited to 

these accompanying Murphy documents;

1. Flight Operations Manual and;

2. Operations Manuals

(collectively referred to as Operations Manuals)

3. User Guide and;

4. User Manual

(collectively referred to as "Manufacturer's Manual").

1

Murphy submits these as well as other Murphy supporting materials as confidential documents 

pursuant to 14 C.F.R. § 11.35 (b), as the materials contain confidential commercial and/or proprietary 

information that the Murphy has not and will not share with others. Additionally, these documents contain 

operating conditions and procedures that are not generally available to the public and are protected from 

release under the Freedom of Information Act, 5 U.S.C. §552 et seq.

 

1The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not 

limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training 

manuals, service information letters and, safety/service bulletins).
U.S. Department of Transportation

Aug 28, 2015

Page 2

This Petition is organized as follows:

I. Petitioner

II.Description of Proposed Operations

A. UAS Demonstrations, Video Filming and Monitoring, Data Capture and Inspection Services

III. Relevant Statutory Authority

IV. Murphy Proposed UAS Operations Meet the Requirements of Section 333 of the Reform

Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations 

Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1) B.

14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C.14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements D.

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a)

and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
U.S. Department of Transportation

Aug 28, 2015

Page 3

I. DESCRIPTION OF PETITIONER

Murphy Company, LLC is located in Columbus, Ohio and is a full service dealer for the California based 

manufacturer, 3DR. 3DR are manufactures of multiple high quality and robust UAS used for hundreds of 

UAS flight operations globally. The Murphy Company will provide systems, product education and flight 

training to an entirely new class of UAS pilots and flight operations staff, those that will be on the front 

lines of most commercial endeavors for the company. Further will present flight demonstrations, sell, lease, 

finance and service 3DR UAS aircraft products.

As part of Murphy’s operations it will provide clients with service teams using 3DR UAS aircraft, sensor 

equipment and other implements needed for each mission. Through Murphy’s UAS educational programs 

thousands of public and private pilots, system operators, service administrators, repair and maintenance, and 

sales and business operations personnel will be trained. The company will provide technical services such as 

coordinate data streaming, api and sdk software activities and provide post production video and data file 

application services. Additionally, Murphy will assist with strategic business and technical consulting for

the interpretation of information and data as necessary for its clients.

Loren Stone CEO of the Murphy Company has provided business development programs to small 

companies, established community business and education consulting services for private and public 

entities. The Murphy Company, has been operating in business for more than 60 years and has established 

a great community relationship with all residents of Ohio and the surrounding states.

The contact information for Petitioner is as follows: 

Loren Stone

CEO

Murphy UAV/UAS, Inc. 

455 West Broad Street, 

Columbus, Ohio, 43215

Phone: 614-221-7731

Email: loren@murphycompany.com

II. DESCRIPTION OF PROPOSED OPERATION

Murphy seeks an exemption pursuant to Section 333 of the Reform Act to operate the 3DR X8, IRIS Plus 

and the Solo also known as, (M-UAS) for the proposed operations discussed below. All UAS operations 

will occur under tightly controlled conditions on private property where Murphy has received permission to 

operate from the landowner, controller or authorized representatives. The proposed UAS operations will be 

conducted in accordance with the conditions and limitations of this Petition for Exemption and Murphy’s 

Operations Manuals. As detailed in Murphy’s Operations Manuals, all UAS operations will be limited to 

daytime VFR conditions, within visual line-of-sight ("VLOS") of the operator, in uncontrolled airspace, and 

will occur at least 5 nm away from an airport. Moreover, Murphy’s Operations Manuals incorporate 

redundant safeguards to assure that the aircraft does not travel outside the controlled area of UAS

operations, including GPS "geo-fencing" technologies.

A. UAS Demonstrations, Video Filming and Monitoring, Data Capture and Inspection Services

Murphy seeks to use small UAS for the purpose of conducting an array of UAS services including; 

UAS video monitoring and production, data capture and inspection services.
U.S. Department of Transportation

Aug 28, 2015

Page 4

Murphy has tailored its operations to meet the requirements established by the FAA in prior grants of 

exemptions authorizing commercial use of UAS in an array of industry sectors including:

 UASolutions Group, Inc. (Exemption No. 12337)

 Eagle Eye Aeronautical Imaging LLC (Exemption No. 12337)

 Flight Ventures Ltd (Exemption No. 12284)

 Trudeau, Realtor® (Exemption No. 11138);

 Alon Sicherman (Exemption No. 11728);

 Sokoler Medley (Exemption No. 11341);

 Aerocine, LLC (Exemption No. 11150)

 Team 5, LLC (Exemption No. 11158)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Picture Factory, Inc. (Exemption No. 11178)

 Dronair Solutions (Exemption No. 11671)

 Windshear Media LLC (Exemption No. 12029)

Murphy’s UAS operations will be conducted on private property in a controlled area, away from 

spectators and persons not involved in the operations. UAS operations will be conducted during daylight hours, 

VFR conditions, at altitudes below 400' AGL. As set forth below, Murphy’s UAS operations provide a 

superior level of safety and quality compared to performing the same work using conventional fixed-wing 

aircraft or helicopters.

Murphy seeks to use small UAS for the purpose of conducting video monitoring and production, data capture 

and inspection services for the market segments of; UAS flight education, real estate aerial residential, 

commercial and industrial videography and inspection, livestock management, agriculture, marine resource 

management, photogrammetry, mapping, surveying, search and rescue. Traditional methods of video 

monitoring and production, data capture and inspection services, expose video photographers, scientists and 

inspectors to higher risks of serious injuries, or death. In the segments identified herein where traditional methods 

are employed, video photographers, scientists and inspectors are placed in precarious situations, required to 

climb roof tops, perform elevated work and defy the challenges of nature that exposes them to dangerous falls, 

and other extreme risks. In addition, depending on the photographers, scientists and inspector’s proximity to 

heavy equipment and other hazards associated with industrial sites and construction facilities the risks taken are 

many times greater in some cases than the value of the work performed. The use of small UAS mitigates these 

risks, bypassing many hazards and are ultimately a much safer and more efficient method of performing these 

and other market segment tasks.

Small UAS video monitoring and production, data capture and inspection services are safer than 

traditional manned aircraft performing the same function. Conventional operations using rotorcraft and fixedwing aircraft in low level operations present immitigable risks associated with vehicles weighing thousands of 

pounds, carrying passengers and large amounts of fuel. It is important to note that the use of small UAS in this 

area will not only be safer and more cost effective, but the quality of collected video, data and information is 

far more superior.
U.S. Department of Transportation

Aug 28, 2015

Page 5

Small UAS video monitoring and production, data capture and inspection services are more

reliable, and allow for the collection, dissemination, and storage of visual and other sensory data with 

greater precision and duration. Small UAS are also capable of accessing and inspecting areas that would 

otherwise be inaccessible to humans or cannot be completed with conventional aircraft or other means.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA 

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate

in the National Air Space ("NAS") where it is safe to do so based on the following considerations:

● The UAS's size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) 

(permitting exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an 

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) 

would not adversely affect safety (or how it would provide a level of safety at least equal to the existing 

rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. MURPHY’ S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF 

SECTION 333 OF THE REFORM ACT

The small UAS operations proposed by Murphy in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are 

satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational

Capability

A Grant of Exemption is appropriate for operations conducted using the UAS due to its size weight, 

speed, and operational capability.
U.S. Department of Transportation

Aug 28, 2015

Page 6

 The UAS have been approved for use in prior Section 333 Grants of

Exemption from the FAA.

2

 The UAS weigh less than 55 pounds, including payload.

 The UAS will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA as specified using 

GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any 

combination thereof. This information will be transmitted to the pilot via telemetric data 

feed.

 The UAS will have system redundancies and independent functionality to ensure the overall 

safety and predictability of the system. If connection to the remote control or ground control 

station is lost, failsafe systems will permit the UAS to return to a predetermined location and 

safely land without injury or damage.

 The radio frequencies used for operations and control of the UAS comply with the 

Federal Communications Commission ("FCC") and other appropriate government 

oversight agency requirements. The operating frequency for the D-UAS is 2.4 GHz.

If the same operations were conducted using a helicopter, the aircraft's take-off weight would likely 

exceed 6,000 pounds carrying a pilot, camera operator and VO-visual observer- navigator. The 

difference in weight between the D-UAS and a helicopter significantly reduces the potential harm to 

the participating and non- participating individuals or property in the event of an accident or incident. 

In addition, the risk to the onboard pilot and camera operator is eliminated.

2See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of 

Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to Low Country RC, 

Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161);

Grant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total

Safety U.S., Inc. (Exemption No. 11156).
U.S. Department of Transportation

Aug 28, 2015

Page 7

B. Approval is Warranted Based on the Operational Restrictions Set Forth in Murphy’s

Operations Manuals

Murphy’s Operations Manuals and the Manufacturer's Manual for the selected UAS will contain all 

the procedures and limitations necessary to safely and successfully perform the operations specified in this 

Petition for Exemption. To assist the FAA in making a safety assessment of Murphy’s proposed 

operations, below is a summary of operational limitations and conditions that Murphy will adhere to, and 

which will ensure an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines:

1. The UAS weighs less than 55 pounds, fully loaded.

2. All operations shall be conducted over private or controlled-access property with permission from the 

land owner/controller or authorized representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight operation.

3. All D-UAS operated under the Grant of Exemption will be identified by serial number, registered in 

accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with

14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in Command ("PIC")

of the D-UAS, and one or more Visual Observers ("Observer") as necessary to safely conduct the 

mission.

5. PICs shall possess at least a Sport or Private Pilot's Certificate and current Class II Medical 

Certificate or a valid state driver’s license. The PIC will also meet the flight review requirements 

specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

6. The D-UAS shall be operated within VLOS of the PIC and Observer at all times. The PIC must use 

human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA- issued 

medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all 

times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to the Murphy’s

Operations Manuals.
U.S. Department of Transportation

Aug 28, 2015

Page 8

The Operations Manuals will be maintained and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption 

and Murphy’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall 

take precedence and must be followed. Otherwise, Murphy shall follow the procedures outlined in 

their Operations Manuals.

10. Murphy may update or revise its Operations Manuals. Revisions will be tracked and a revised 

copy of the Manual will be provided to the Administrator upon request. Murphy will also present an 

updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of 

Exemption. If an update or revision would affect the basis upon which the FAA grants the 

exemption, Murphy will seek an amendment to its Grant of Exemption. Murphy will contact the 

FAA’s UAS Integration Office (AFS-80) if questions arise regarding updates or revisions to the 

operating documents.

11. Murphy’s Operations Manuals and its Grant of Exemption will be available to the

PIC at the ground control station anytime the UAS is operating.

12. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the first intended point of landing, and 

assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the D-UAS will be limited to 40 

minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of 

no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter 

navigable controlled airspace without prior written authorization and approval from the FAA. In 

the event the structure being inspected exceeds 400 feet AGL, the D-UAS will not be operated 

more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally 

from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. 

(persons other than the PIC, VO, operator trainees or essential personnel), vessels, vehicles, and 

structures unless:

a) Barriers or structures are present that sufficiently protect nonparticipating persons from 

the D-UAS and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the D-UAS, 

flight operations must cease immediately and/or;
U.S. Department of Transportation

Aug 28, 2015

Page 9

b) The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles or structures has granted permission and the PIC has made a safety assessment 

of the risk of operating closer to those objects and determined that it does not present an undue 

hazard, and;

c) Operations nearer to the PIC, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a).

16. The D-UAS may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than three statute nm from the PIC.

17. The D-UAS may not operate within 5 nm of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by the Murphy COA. 

The letter of agreement with the airport management will be made available to the Administrator upon 

request.

18. Prior to each flight the PIC shall inspect the D-UAS to confirm that it is in a condition safe 

for flight. The pre-flight inspection will account for all discrepancies, e.g. inoperable components, items, 

or equipment, not already covered in the relevant sections of the operating documents. The PIC shall not 

operate the D-UAS if the inspection reveals a condition that affects the safe operation of the D-UAS until 

the necessary maintenance has been performed and the D-UAS is found to be in a condition for safe 

flight. The ground control station shall be included in the preflight inspection. All maintenance and 

alternations must be properly documented in the D-UAS records as required by Murphy’s Operations 

Manuals.

19. Murphy will carry out its maintenance, inspections, and record keeping requirements in 

accordance with the Operations Manuals. Maintenance, inspection, and alterations will be noted in the DUAS records, including total time in service, description of work accomplished, and the signature of the 

authorized person returning the D-UAS to service.

20. Any D - UAS that has undergone maintenance or alterations that affect the D - UAS’s 

operation or flight characteristics (e.g., replacement of a flight critical component) must undergo a 

functional test flight in accordance with Murphy’s Operations Manuals. The PIC who conductsthe 

functional test flight must make an entry in the D-UAS aircraft records of the flight. The requirements and 

proceduresfor a functional test flight and D - UAS record entry shall be included in the Murphy’s 

Operations Manuals.
U.S. Department of Transportation

Aug 28, 2015

Page 10

21. The D-UAS will be operated and maintained according to the Manufacturer's Manuals and 

any required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements 

on Murphy’s Operations Manuals.

23. Murphy will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or 

Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of 

Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted 

in accordance with airspace requirements in the ATO issued COA including class of airspace, 

altitude level and potential transponder requirements where available.

24. 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.

25. If the D-UAS loses communication with the pilot, it will have the capability to return to a 

pre- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer.

27. The D-UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate or a valid state 

driver’s license.

29. Prior to conducting flight operations, the PIC will have accumulated and logged, in a 

manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total 

time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS 

type. Compliance of this requirement can be performed under non-commercial, hobby flight 

operations and logged has flight hours on D-UAS equipment type.

30. Prior to conducting flight operations, the PIC will have accumulated and logged, in a manner 

consistent with 14 CFR § 61.51(b), a minimum of 54 CFR §61.51(b), a minimum of 10 logged 

hours as UAS pilot operating the make and model of UAS to be utilized for operations under the 

exemption and thirty take-offs and thirty landing in the preceding 90 days.
U.S. Department of Transportation

Aug 28, 2015

Page 11

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under

Special Visual Flight Rules ("SVFR") shall not be conducted.

32. The UAS shall remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing 

activities, hang gliders, etc.).

33. Any UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The UAS will not be operated from an elevated platform or moving device / vehicle.

35. Before conducting flight operations, the radio frequency spectrum used for operation and control 

of the D-UAS will comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of 

the Act, including UAS, from its safety regulations and minimum standards when the Administrator 

decides a requested exemption is in the public interest.

3

Murphy seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal 

Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using

a UAS. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the 

operating procedures and safeguards that Petitioner has established which will ensure a level of safety

better than or equal to the rules from which exemption is sought.4

3

49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

4

14 C.F.R § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at that provided by the rule from which you seek exemption.
U.S. Department of Transportation

Aug 28, 2015

Page 12

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under 

the Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met, and therefore no exemption 

is needed.

5 If, however, the FAA determines that there are some characteristics of the chosen UAS 

that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Murphy’s use of the D-UAS is safe when taking into account their size, weight, speed, and 

operational capability. As set forth in the description of proposed operations in Section IV (A), the 

D-UAS weighs less than 55 pounds, including payload and will not be flown at a ground speed in 

excess of 50 knots. UAS is also equipped with safety features that will allow Petitioner to operate 

the D-UAS safely after experience certain in-flight contingencies or failures.

6 7

5

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6

See e.g., Grant of Exemption No. 12337 to UASolutions Group, Inc. (FAA–2015–0433 at pg. 5): 

"The UAS have the capability to operate safely after experiencing certain in-flight contingencies or 

failures and uses an auto-pilot system to maintain UAS stability and control. The UAS is also able to 

respond to a loss of global positioning system (GPS) or a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver, and manual flight control functionality as a backup. These 

safety features provide an equivalent level of safety compared to a manned aircraft performing a 

similar operation."

7

See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): The

UAS can be operated entirely by a touch-screen, map-based interface. This means the operator only

needs to command the system where to go, and the system does all the flying for the operator. The

UAS can be operated in both semi and fully autonomous flight modes, with the operator simply

clicking on a map to create a pre-planned flight path for a flight. In addition, the operator can create 

no fly zones or maximum flight ranges and altitudes so the system cannot enter areas

{footnote continued}
U.S. Department of Transportation

Aug 28, 2015

Page 13

Additionally, D-UAS carry neither pilots nor passengers, carry no explosive materials or flammable 

liquid fuels, and operate exclusively within the parameters stated in Murphy's Operations Manuals.

Operations conducted under this exemption will be closely controlled and monitored by the 

operator and will be conducted in compliance with local public safety requirements, to provide security 

for the area of operation. Murphy will also provide the FAA with advance notice of all operations via 

NOTAMs as required by the applicable COA. In all cases, operation of the D-UAS under the proposed 

conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness 

certificate.

Lastly, D-UAS do not need a means to communicate with other aircraft or ATC, because those 

capabilities will be possessed by the PIC and Observer, who are not onboard the D-UAS.

8 In addition, 

no sense-and-avoid technology is necessary for the D-UAS because they will be operated at all times in 

VFR conditions and within VLOS of the PIC and Operator.

9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent that Murphy's small UAS would otherwise require certification under 

Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons 

identified in the request for exemption from 14 C.F.R. Part 21, Subpart H, supra.

{continued from previous page}

deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built-in intelligent 

fault handling which allowsthe Phantom II to detect a system fault while in the air and automatically fly 

back to its takeoff location and land. Faults that can be detected include: loss of communication; 

exceeding pre-set wind thresholds; and low battery levels.

“All flight operations are global positioning system (GPS) controlled, making the system easy to 

navigate. At any point if the operator is not explicitly commanding the system to move, the system 

automatically holds its GPS position. The flight control system employs not only GPS positioning but a 

variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure 

stability so long as wind thresholds are not exceeded. Also a flight termination link – to prevent a 'fly away' 

or other potentially dangerous situation – is available to the operator."

8

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9

Id.
U.S. Department of Transportation

Aug 28, 2015

Page 14

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements

Murphy seeks an exemption from the aircraft marking and identification requirements contained in

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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 two inches nor more 

than six inches high, the words "limited," "restricted," "light-sport, "Experimental," or 

"provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces 

of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) 

markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

practicable."

10

Equivalent Level of Safety

All D-UAS flown by Murphy will bear N-number markings that are as large as 

practicable in accordance with 14 C.F.R. Part 45, Subpart C.

11

___ _ __ ____ ____ __ ______

10FAA Docket No. FAA-2014-0352.

11See, e.g., FAA Docket No. FAA-2014-0352, at 14.
U.S. Department of Transportation

Aug 28, 2015

Page 15

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

Murphy seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R.

§ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and 

inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each 

owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections that have discrepancies repaired as prescribed in part 43 of this

chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will 

not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service 

Bulletins. Further, as required by Murphy’s Operations Manuals, the PIC will conduct a pre-flight 

inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable 

components. Maintenance will be performed and verified to address any conditions potentially affecting 

safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the 

UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be 

conducted following the replacement of any flight-critical components. As required by Murphy’s 

Operations Manuals, the PIC who conducts the functional test flight will make an entry in the UAS

aircraft records of the flight.

Murphy’s Operations Manual also includes requirements to follow the manufacturer’s UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the 

following applicable components: powertrain system (powerplant), propellers, avionics and control 

surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including 

batteries), ground control station, hazard accessories, and spare parts. Further, Murphy’s Operations 

Manuals also includes procedures to document and maintain a record of the UAS maintenance, 

preventative maintenance, alterations, and status of replacement /overhaul component parts, and the total 

time in service of the UAS used under this Grant of Exemption. As a whole, the maintenance and 

inspection procedures required in Murphy’s Operations Manuals ensure that an equivalent or higher level 

of safety will be achieved.
U.S. Department of Transportation

Aug 28, 2015

Page 16

PILOT-IN-COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Murphy seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated 

as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption to Astraeus Aerial.

12

, the FAA determined that the unique 

characteristics of UAS operation outside of controlled airspace did not warrant the addition cost and 

restrictions attendant with requiring a the PIC to have a Commercial Pilot Certificate and Class II 

Medical Certificate. The fulfillment of the additional requirements for a private pilot to become 

qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations 

are involved.

Equivalent Level of Safety

The Murphy restrictions have placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial. Murphy will operate on private property away from persons 

and property not involved in the operation. Murphy will also obtain an ATO issued COA prior to 

conducting any operations under this Grant of Exemption. All operations will be conducted in 

accordance with airspace requirements in the ATO issued COA including class of airspace, altitude 

level and potential transponder requirements. A NOTAM will also be issued as required by the 

applicable COA.

In addition to these flight restrictions, Murphy will further ensure safe operation by requiring 

that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all 

aircraft operators but also in the unique aspects of UAS flight. As set forth in the Operations 

Manuals, pilots will have experience not only in UAS operations generally but have logged flight

time in the specific make and model used for the operations before they are permitted to participate in 

commercial flights on behalf of Murphy. The pilot qualification, training, and currency requirements 

in the Operations Manuals ensure that Murphy pilots are competent and proficient in the UAS they

are operating. Murphy’s training and qualification requirements are consistent with those contained 

in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and 

proficiency for its pilots and will ensure at least an equivalent level of safety.

12Exemption No. 11062 (FAA Docket No. FAA-2014-0352).
U.S. Department of Transportation

Aug 28, 2015

Page 17

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Although there will be no airworthiness certificate issued for the D-UAS, Murphy seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be 

operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that 

the requirements of Part 21 are waived or found inapplicable.

13 Accordingly, Petitioner requests that 

the requirements for § 91.7(a) be treated in accordance with Section V (A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. §

91.9(b)(2):

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, 

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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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.

13See id. at 13-14, 22
U.S. Department of Transportation

Aug 28, 2015

Page 18

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) 

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is 

operating the aircraft.14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule 

is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level 

of safety will be achieved by ensuring that the pilot has access to the documents at the ground control 

station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Murphy seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAA-approved 

Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to 

safely conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual 

is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Murphy’s Operations Manuals 

and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any 

defects or inoperable components in accordance with the Murphy’s Operations Manuals, including 

checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also be 

required to review weather, flight requirements, battery charge, landing and takeoff distance, UA 

performance data, and contingency landing areas—before initiation of flight. Murphy’s Operations 

Manuals and the Manufacturer's Manual will be kept at the ground control station and will be 

accessible to the PIC at all times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and

Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA2014-0352 at 16-18.
U.S. Department of Transportation

Aug 28, 2015

Page 19

Murphy seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o 

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." UAS and remotely piloted aircraft, by their design, 

do not have functional dual controls. Instead, flight control is accomplished through the use of a device that 

communicates with the aircraft via radio communications. Accordingly, an exemption will be required for 

the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that MURPHY intends to use, an equivalent level of safe 

training can still be performed without dual controls because no pilot or passengers are aboard the UAS, 

and as required by the Murphy’s Operations Manuals, all persons will be a safe distance away in the event 

that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Murphy’s 

Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a 

whole, the safety procedures provided for in Murphy’s Operations Manuals ensure that the proposed UAS 

operations provide an equivalent or higher level of safety than that provided by the flight instruction 

regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Murphy requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119(c).

15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in noncongested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less 

than those minimum altitudes when it can be operated "without hazard to persons or property on the 

surface," provided that "each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed UAS operations will normally need to occur below

400 feet AGL. In circumstances where the UAS is used to inspect a structure whose height exceeds 400 

feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and 

within 50 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the 

Pilot and/or Observers(s) may need to be less than 500 feet away from the UAS.

15Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency 

landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's 

proposed UAS operations will not occur over congested areas, and therefore an exemption from §

91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slug wear, Inc., dba Like on a 

tree Aerial (FAA-2014-0534 at 15).
U.S. Department of Transportation

Aug 28th, 2015

Page 20

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated 

with these operations is far less than those that presently exist with conventional aircraft. An 

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

the controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a 

structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that 

structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the UAS will be operated in a restricted area, and all 

flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, 

unless that person is in a position where he or she is shielded from the UAS and any possible debris 

resulting from UAS failure. As required by the Operations Manuals, flights will be terminated if a 

nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS 

operations will occur at least 500 feet away from vehicles or structures unless the property 

owner/controller has granted permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and, operations near the PIC or Observer will not present an undue 

hazard per § 91.119(a). Adherence to these restrictions in Murphy’s Operations Manuals will ensure 

operations can be conducted without compromising safety.

16

K. 14 C.F.R. § 91.121: Altimeter Settings

Murphy seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation 

of the departure airport or barometric pressure An exemption is required to the extent that the UAS do 

not have a barometric altimeter, but rather a GPS altitude read out.

16

See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19):

"If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA 

or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded 

such protection. The operator must also ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately. When considering how to immediately cease 

operations, the primary concern is the safety of those nonparticipating persons. In addition, the FAA 

finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the 

owner/controller of any such vessels, vehicles orstructures grants permission for the operation and the 

PIC makes a safety assessment of the risk of operating closer to those objects and determines that it 

does not present an undue hazard.”
U.S. Department of Transportation

Aug 28th, 2015

Page 21

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121

can be achieved in circumstances where: (1) the UAS will be operated below 400 feet AGL or below17, (2) 

within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a groundbased on-screen display and, (4) where prior to each flight, a zero altitude initiation point is established for 

the PIC to confirm accuracy of the onboard GPS.

18

The UAS that Murphy intends to use for the proposed operations will meet all these operational 

characteristics. Moreover, as required by Murphy’s Operations Manuals, the PIC will be required to 

calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of 

Exemption, the UAS Murphy to use, and the safety mitigation procedures contained in the Operations 

Manuals, both ensure that an equivalent level of safety will be achieved, and a Grant of Exemption to the 

requirements of § 191.121 is therefore appropriate.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Murphy requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

(a) 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; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from the 

fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

17

If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more 

than 100 feet above the highest point on the structure.

18

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).
U.S. Department of Transportation

Aug 28th, 2015

Page 22

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by 

prohibiting the PIC from beginning a D-UAS Phantom II and S1000 flight unless (considering wind 

and forecast weather conditions) there was enough power to fly to the first intended point of landing 

and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this 

conclusion, the FAA considered that the UAS batteries for the D-UAS provide approximately 20 

minutes of powered flight (with payload) and provided battery level and battery time remaining in 

minutes and seconds to the PIC.

19 The FAA also considered the fact that the D-UAS operating manual 

states: “start every flight with a fully charged battery in the aerial vehicle”, and that in the event that

the UAS should run low on power, the PIC will be alerted and can land the D-UAS as soon as possible. 

Like the VDOS Grant of Exemption, Murphy’s use of the D-UAS, combined with the requirements of 

Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions 

could be achieved by prohibiting the PIC from beginning a flight with the D-UAS unless (considering 

wind and forecast weather conditions), there was enough power to fly at normal cruising speed to the

intended landing point and land the UA with 25% battery power remaining. Murphy will adhere to this 

limitation for D-UAS flights.

The D-UAS includes a low battery warning system and the amount of battery reserve power 

remaining is transmitted to the PIC via telemetric data feed, which downlinks from the UAS to a

ground-based-on-screen display.

20 As required by Murphy’ Operations Manuals, the PIC will promptly

fly the UAS back to the home launch location or pre-determined abort location where the UAS may 

safely land, while still maintaining a minimum of 25% reserve battery power. Murphy submits that the 

procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, 

combined with the requirement that flights only be conducted within a secure, isolated area, using a 

UAS weighting less than 55 pounds, and within VLOS of the PIC and Observer(s), ensure that the 

proposed operation will provide an equivalent or higher level of safety to that provided by the 

regulations from which exemption is sought.

19Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10).

20The D-UAS ground control station displays, the UAS position, navigation route, tail number, 

altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and 

sensor heading and orientation relative to the UAS.
U.S. Department of Transportation

Aug 28th, 2015

Page 23

VI. DRUG AND ALCOHOL PROGRAM

Murphy will have policies in place to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Murphy’s Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, safe working 

environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill 

Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA Administrator's 

assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily 

required rulemaking.

The proposed UAS operations in this Petition for Exemption significantly improves safety and reduces risk 

of harm or serious injury to the general public, video photographers, scientists and inspectors. Additionally 

reduces risks of destruction or major damage to public and private property. Much greater safety margins 

are gained at any location where a company employs the use of small UAS for conducting video 

monitoring and production, data capture and inspection. Traditional aerial and rigorous location methods 

of video production, data capture and inspections, expose photographers, scientists, inspectors, employees 

and at some locations the public to high risks of serious injuries, or death. In most of the segments identified 

herein where traditional methods are employed, videographers, scientists and inspectors are placed in 

precarious situations climbing roof tops, performing elevated work and defying the challenges of nature 

exposing them to dangerous falls, and other extreme risks. In addition, depending on the photographers,

scientists and inspector’s proximity to equipment and other hazards associated with traditional aerial video, 

industrial sites and construction facilities, the risks taken are many times greater than the value of the work 

performed. The use of small UAS mitigates these risks and bypasses hazards and is ultimately a much safer 

and more efficient method of performing these and other video monitoring and production, data capture 

and inspection services.

The use of small UAS also enhances safety and reduces risk because, unlike manned aircraft 

weighing thousands of pounds, carrying crew in addition to flammable fuel, the UAS carry no passengers 

or crew. Further, in the unlikely event of an accident, Murphy small battery powered UAS presents 

significantly less danger to persons on the ground when compared to operations by conventional manned

aircraft.21 As Petitioner's UAS are battery powered, the public will also benefit from a reduction in harmful

emissions associated with conventional aircraft performing in the same functions proposed herein. Lastly, 

as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an 

additional tool for the aerial filming industry, adding a greater degree of flexibility, which supplements the

current capabilities offered by manned aircraft.

22

21See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12):

"Manned helicopters conducting aerial video and filming can weigh 6,000 pounds or more and are 

operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s 

UAs will weigh less than 55 pounds with no onboard pilot or crew.”

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).
U.S. Department of Transportation

Aug 28th, 2015

Page 24

The pilot and crew will be remotely located from the aircraft. The limited weight significantly 

reduces the potential for harm to participating and nonparticipating individuals or property in the 

event of an incident or accident. The risk to an onboard pilot and crew during an incident or accident 

is eliminated with the use of a UA for the aerial video and inspection operations. UAS provide an 

additional tool for the aerial filming industry, adding a greater degree of flexibility, which 

supplements the current capabilities offered by manned aircraft.

22

VIII. PRIVACY

All Murphy’s UAS operations will be conducted in accordance with applicable federal, state, or local 

laws regarding privacy. All operations shall be conducted over private or controlled-access property 

with permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted.

IX. FEDERAL REGISTER SUMMARY

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:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal

Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a);

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

& (b).

The exemption will greatly enhance safety by reducing risk to the general public, employees and 

property owners from the substantial hazards associated with performing equivalent aerial video, data 

capture and inspection services for residential, commercial and industrial real estate, natural resource 

conservancy, livestock management, marine resource management, agriculture, mapping, surveying, 

search and rescue and education with conventional fixed-wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Murphy’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of

2012 including weight, speed, operating capabilities, proximity to airports and populated areas, 

operation within VLOS and national security. The proposed UAS operations will benefit the public as 

a whole by improving safety and reducing risk by alleviating human exposure to danger. In 

consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate 

justification for granting the requested exemptions allowing Murphy use small UAS for video 

photography, data capture and inspection in these market segments: UAS flight education, real estate 

aerial residential, commercial and industrial videography and inspection, livestock management, 

agriculture, marine resource management, photogrammetry, mapping, surveying, search and rescue.
U.S. Department of Transportation

Aug 28th, 2015

Page 25

We thank you for your prompt consideration of our requested exemptions. 

Respectfully Submitted,

Loren Stone

CEO

Murphy Company, LLC

455 West Broad Street, 

Columbus, Ohio, 43215

Should you have any questions, or if you need any additional information to support the requested 

exemptions, please contact the undersigned at:

Murphy UAV/UAS, Inc.

Phone: 614-221-7731

Email: loren@murphycompany.com

(The following attached items contain and commercial information exempt from disclosure under the

Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14

C.F.R. § 11.35(b)).

Attachments:

0. MPTOM

1. General Operations Manual

2. PIC Operating Manual

3. Murphy Protocols

4. Location Protocols

5. Flight Communications Protocols

6. Departing Location Protocols

7. Transmitter Protocols

8. Preflight Checklist

9. Post Flight Checklist

10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals