### Jul 

### 20u. 20I

### 5 y ' U. S. Department ofTransportation DocketManagement System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12·140, Washington, DC 20590 Re: Request for Exemption under Section 333 ofthe FAAModernization and Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.15l(a)(l); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b). 

### PETITION FOR SUMMARY EXEMPTION Dear Sir orMadam: Pursuant to Section 

### 333 ofthe

### FAA Modernization andReform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Freddie Murphy, an operator ofSmall Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation Regulations ("F ARs") to allow commercial operation ofits UA. Freddie Murphy is eligible for a summary exemption for aerial data collection; please reference exemption #11482. 

### QUICKREFERENCE SUMMARY Type ofUAto 

### be flown: Rotary-Wing (Electric Multi-Rotor) Manufacturer: Vulcan Model: X-8 Weight: 22 pounds

The operations will be for: Aerial Data Collection

• Mapping • Inspections • Aerial Filming ThePetitioner will operate under the restrictions listedbelow and those 

### in the confidentially submitted operating manuals. The Petitioner agrees to all the restrictions in Exemption # 11784 which are listedbelow.



### 1

# .. FREDDIE MURPHY REQUESTS THATTHE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. 

### § 11.87.

§ 11.87 Are there circumstances in which FAAmay decide not to publish a summary of my petition for exemption? The FAAmay notpublish a summary ofyour petition for exemption and request comments ifyou present orwe find good cause why we should not delay action on your petition. The factors we considerin deciding not torequest commentinclude: (a)Whether granting yourpetition would set a precedent. (b) Whether the reliefrequested is identical to exemptions granted previously. (c) Whether our delaying action on yourpetition would affect you adversely. (d) Whether you filed your petition in a timely manner. Corresponding tothe above sub=sections, Freddie Murphy has good cause to request the FAAto waive the commentperiod and not delay action on the petition because: (a)Freddie Murphy would not set any precedent. Freddie Murphy agrees to the SAME exactlimitations as Exemption# 11784. (b) The reliefrequested isidentical to that granted, without publication for comment, in Exemption# 11784. (c) Delayingthe granting ofthis petition would adversely affect the public, theFAA, and Freddie Murphy. The public, as well as the FAA, would bebetter served by the FAA quickly granting this petition and thereby freeing up limited FAAresources and allowing FAAinspectors to dedicate their time and attention to muchhigherpriorities. Moreover, Freddie Murphy is adversely affected bythe below listed regulations. (d) The petition has been filed in a timely manner. 

### PUBLIC BENEFIT This exemption will allow commercial operations

**ofUA~s** that will enhance safety byreducing risk. The alternative to using a UAis to use ajetorpiston power aircraft carrying large amounts ofJet A or 1OOLL. Not onlyis the operation dangerous at the location, the aircraft mustfly tothe location and backtothe home airport. The UA will weigh less than 

### 55 lbs. andpoweredbybatteries that eliminates most ofthe riskbecause nohighly flammable fuel will be involved. There are nopilots onboard the UA and due to the small size ofthe UA, there is less risk posed tothe public on the ground in case of an emergency. Manned airplanes and helicopters produce a large amount ofnoise pollution when operating at low altitudes that disrupts the quiet enjoyment ofthe public on the ground. UA are much quieter and will not disrupt the public as much as manned aircraft; thus, the public will benefit from their use. Additionally, the UAhas multiple motors, providing

2redundancy, while mostmanned aircrafthave only one engine. The operations of the

### UA listed under the restrictionsproposed herein will provide an equivalentlevel ofsafety as the Federal Aviation Regulations.



### PETITIONER'SCONTACT INFO: 

### Name: Email: Address: Freddie Murphy fpatmurphy@gmail.com 6526 Whitehorn Ct. Apt. 1A Indianapolis, IN 46220 

### REGULATIONS FROMWHICHTHE EXEMPTION IS REQUESTED 14 C.F.R. § 61.23(a) and (c) 14 C.F.R. 

### § 61.101(e)(4) and (5) 14 

### C.F.R. §6I.II3(a} 14 C.F.R. 

### § 61.315(a) 14 C.F.R. 

### § 91.7(a) 14 C.F.R. 

### § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)(1) 14 C.F.R. 

### § 91.405(a) 14 C.F.R. 

### § 91.407(a)(1) 14 C.F.R. 

### § 91.409(a)(l) 

### & (2) 14 C.F.R. 

### § 91.417(a) 

### & (b) 

### OPE'RATING DOCUMENTS Freddie Murphy will operate only withinthe limitations below and the limitations listed in the confidentially submitted operating manual. The limitations below, from the previously granted exemption, will befollowed ifthere is a conflictwith the operating manual.



### STATUTORY AUTHORITY TO GRANT THIS PETITION TheFederal Aviation Act expressly grantsthe FAAthe authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defmed under § 40101 oftheActthat includes UAS's, from therequirement that all civil aircraft musthave a current airworthiness certificate. "The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title 

### ifthe Administrator finds the exemption in the public interest." 49U.S.C. § 44701(f). See also 49U.S.C. §4471l(bJ. This exemption petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe FAAModernization and Reform Act of2012._This law



### 3directs the Secretary of1'ransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 ofthe FAAModernization andReform Act. In making this determination, the Secretary is required to determine which types ofUA do not create a hazard to users ofthe NAS or the public orpose a threat to national sevurity in light ofthefollowing:

• The UA's size, weight, speed, and operational capability; • Operation ofthe UA in close proximity to airports and populated areas; and, • Operation ofthe UA within visual line ofsight ofthe operator (VLOS).



### 1fthe Secretary determines that such vehicles rrmay operate safely 

### in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Id. 

### § 333(c) (emphasis added). The FAAhas already established requirements for summary grants that will be further discussed below. Applicant interprets thisprovision toplacethe duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. 

### EQUIVALENTLEVEL OFSAFETY The applicant proposes thatthe exemption requested herein applies to civil aircraft that have the characteristics and that operate with the limitations listedherein. These limitations provide for at least an equivalent or even higher level ofsafety to operations under the current regulatory structure. These limitations and conditions are identical to Exemption # 11784 except for the difference in aircraft. Freddie Murphy agrees to be bound when conducting commercial UA operations. The list oflimitations and conditions include the following: 1. Operations authorized by this grant ofexemption are limited to the Vulcan X-8; all of which weigh less than 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption. 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted. 

### :l The 

### UA may notbe operated at a speed exceeding 

### 87 knots (100 miles perhour). ihe exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UAbe operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The 

### UA must be operated at an altitude ofno more than 400 feet above ground level



### 4

### (AGL). Altitude must be reported in feet 

### AGL. 5. The UA must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaidedby any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver'slicense. 6. All operations must utilize a visual observer (VO). The UAmust be operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO andPIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure that the VO can perform the duties required ofthe VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations statedin this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations andmade available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in this exemption andthe procedures outlined in the operating documents, the conditions- and limitations- herein take prooedenoo andmustbe followed. Otherwis-e, the operator must follow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official uponrequest. The operator must also present updated and revised documents ifitpetitions for extension or amendment to this grant ofexemption. ifthe operator determines that any update orrevision would affect the basis upon which the FAA granted this exemption, then the operator mustpetition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS- 80) maybe contactedif questions arise regarding updates orrevisions to the operating documents. 

### 8. Any UAS that

### hasundergone maintenance or alterationsthat affect theUAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conductedby a PIC with a VO andmustremain at least 500 feet from otherpeople. The functional test flight must be conducted in such a manner so as to notpose an undue hazard to persons andproperty. 9. The operator is responsible for maintaining and inspecting the 

### UAS to ensure that 

## it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre-flightinspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is



### 5prohibitedfrom operating until the necessary maintenancehasbeen performed andthe UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limitrequirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

### 1 j.Underthis grant ofexemption, a

### P1C must hold either an airline transport, commercial,private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColombia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meet the flight review requirements specified in 14 CFR 

### § 61.56 

### in an aircraft 

### inwhich the PIC is rated on his orherpilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes oftraining the operator's PICs and VOs (training, proficiency, and experience- building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. Duringtraining, proficiency, and experience-building flights, all persons not essential for flight operations are considerednonparticipants, andthe PIC must operate the UAwith appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations-may notbe e-ondueted during night, as- defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UAmay not operate within 5 nautical miles ofan airport reference point (ARP) asdenoted in the current FAA Airport/Facility Directory (AFD) orfor airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA published aeronautical chart, unless a letter ofagreement with that airport's management is obtained orotherwise permittedby a COAissued to the exemptionholder. The letter of agreement with the airport management must be made available tothe Administrator or any law enforcement official upon request. 

### I1. The UAmaynotbe operated less than 

### 500 feet below or less than :2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

6I8.1fthe

### UA loses communications or loses its 

### GPS signal, the

### UA mustreturn to a predetermined location within the private or controlled-access property. 19. The PIC must abortthe flight in the event ofunpredicted obstacles or emergencies. 20. The PICis prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conductthe intended operation andto operate after that for atleast five minutes orwith the reserve power recommended by the manufacturer ifgreater. 21. Air Traffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holdermay apply for a new or amended COA ifit intends to conduct operations that cannot be conductedunder the terms ofthe attached CO A. 22. All aircraft operated in accordance with this exemption mustbe identified by serial number, registered in accordance with 14 CFRpart 47, andhave identification (N Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operator to ensure the safe operation and flight ofthe UAS and any doouments- required under 14 CFR 

### §§ 91.9 and 91.203 must be availableto the PIC at the Ground Control Station oftheUAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UAmustremain clear and give wayto all manned aviation operations and activities at all times. 25. The UA may not be operated by the PIC from any moving device orvehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

## persons, vessels, velii:des, and 

## sffiicfiifestiiiless:· a. Barriers or structures are presentthat sufficiently protectnonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipatingpersonsremain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipating. persons; and b. The owner/controller ofany vessels, vehicles or structures has grantedpermission for operating closer to those objects and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined that it does notpresent an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted overprivate or controlled-access property with

7permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defmedby the applicable COAmust be reported to the FAA'sUASIntegration Office (AF&..-8Q}within 24hours. Accidentsmustbe reported to the National Transportation Safety Board (NTSB) perinstructions contained on the NTSB Web site: www.ntsb.gov. Freddie Murphy's UA are rotorcraft, weighing 55lbs. or less including payload. They operate, under normal conditions at a speed ofno more than 50 knots and they have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only within VLOS and only within the restrictions above and the confidentially submitted manual. Such operations will insure that the UAwill "notcreate a hazard to users ofthe national airspace system orthe public." Given the small size ofthe UA involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUAto commence immediately. Also, due to the size ofthe UA and the restricted areas in which the relevant UAwill operate, approval ofthe application presents no national security issue. Sincethe UAfully loaded weighs- no morethan 55 lbs-. and is· operated without an onboard pilot, there is no ability orplace to carry certification andregistration documents or to display them on the unmanned aircraft. An equivalent level ofsafety will be achieved bykeeping these documents atthe ground control point where the pilot flying the UA will have immediate access to them. Also, given the size ofthe unmanned aircraft, the FAAregistration number will be displayed on the airframe in as large a font as possible. REGULATIONS FROM WHICH EXEMPTION IS NEEDED 14 C.F.R. § 61.23(a) & (c): Medical Certificates Exemption# 

### I 1221, # 11284, and many others have provided that a U.S. driver5s license could beused in lieu ofthe medical certificate provides an equivalent level of safety. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. 

### §- 61.ll5(a): Sport Pilot Limitations. Exemption# 11221, # 11284, and many others have declared that there is an equivalent level ofsafety as the FAR'sbyrequiring the PIC to "hold either an airline transport, commercial, private, recreational, or sport pilot certificate." Likewise, Freddie Murphy is also performing commercial UAS work and is asking for the same restrictions which have beenpreviously deemed to provide an equivalent level ofsafety as the burdensome regulations.



### 814 C.F.R. 

### § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command. Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the UAwill not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft tohave a sport pilotlicense rather than a commercial pilot's license tooperate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAis remotely controlled with no living thing on board. 14 C.F.R. 

### § 91.7(a): Civil Aircraft Airworthiness. Asthere 

### will be no airworthiness certificate issued for the unmanned aircraft, and no FAAregulatory standard will exist for determining airworthiness ofthe UA, the requirements contained in the confidentially submitted manual and the restrictions already agreed to will provide an equivalent level ofsafety. 14C.F.R. 

### § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil 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. Because ofthe lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separation between these small UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14 C.F.R. 

### § 91.121: 

### AlfimeterSettings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a bammetriG altimerer;butinsrea4 a GPS altitude read, out; an t:x;emption may be net:dt:d.

.. An equivalent level ofsafety will be achieved by the operator, pursuant to following the confidentially submittedmanual. Furthermore, many other petitions have been granted allowing GPS to be used in lieu ofan altimeter setting. 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flightin VFR Conditions Section 

### 9I

.

### I5I (a) prohibits an individual from beginning ((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 ofintended 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." Applicant believes that an equivalent level 

### ofsafety can be achieved by restricting

9operations to "the intended operation and to operate after that for at least five minutes or with the reserve powerrecommendedby the manufacturer ifgreater." Exemption# 11284, at page 5. 

### 14 C.F.R. 

### § 91.405 (a); 

### § 91.407 (a) (1); 

### § 91.409 (a) (2); 

### § 91.417(a) & 

### (b): 

### Maintenance Inspecti&ns These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as providedin paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter"5 and others shall inspect ormaintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level ofsafety will be achieved because these small UAS's are very limited in size and wiU carry a small payload and operate onlyin restricted areas for limited periods oftime. Moreover, the operator is the person most familiar with the aircraft andbest suited to 

### nntliifaiii tlie :iffcfaft iii 

### :m rurwottliy coiiditiofi mpfOVide tlie equivaleiiflevel 6f

### gafery. Lastly, the petitioner will operate in accordance with the confidentially submitted manual that will provide an equivalent level ofsafety as the burdensome regulations. 

### CONCLUSION Freddie Murphy's operation using a small 

### UAS, weighing less than 55lbs., conducted under the proposed restrictions outlined above as well as the confidentially submitted manual, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. Sincerely yours,

Freddie Murphy



### 10