September 25, 2015

Fresh Start Productions, LLC

Patrick S. Fagan

623 Moccasin Gap Rd.

Jackson, Georgia 30233

678-410-2353

FreshstartProductions@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

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

Aviation Regulations.

Dear Sir or Madam,

Fresh Start Productions, LLC requests exemption from FAA regulations: 91.7(a), 91.119, 91.121, 

91.151(a), 91.405, 91.407(a)(1), 91.409(a)2) and 91.417(a)and (b) of Title 14 CFR as provided in the 

FAA Reform act of the Federal Aviation Regulations.

Operational Equipment: DJI Inspire 1

DJI Phantom 3

Introduction:

Fresh Start Productions, LLC will operate a DJI Inspire 1 and/or DJI Phantom 3, UAS vehicles 

weighing less than seven(7) pounds to take photos and videos using the onboard camera. Operation 

of the UASs by Patrick S. Fagan will include but are not limited to real estate photography 

(residential and commercial). The UAV will be used to survey, photo, and/or film real estate 

properties from a vantage point typically unseen from the contractor, agent, owner, or buyer. This 

gives all parties involved a tool that can be utilized at a much cheaper cost than previous methods. 

The UAS will be used to capture high-quality aerial images for professional music videos for use on 

cable television and the Internet. By utilizing the UAS, a music video director can obtain shots,

available only before by helicopter or crane, at a fraction of the cost. The UAS will be used to 

capture high quality photos and/or video of concerts and events held in large outdoor areas. 

Something that was never before possible at these heights without a helicopter due to safety and 

noise issues. This allows larger media coverage of the event and the ability to live-stream footage 

onto the Internet for live viewing by fans at home. This creates a larger audience for all events with 

interactions from a streaming audience. The use of UASs provides the opportunity to view the world, 

events, and spectacular scenery in photos and videos that can be taken safely and reduce the number 

of conventional aircraft in populated and unpopulated areas. The UAS will be used to obtain high 

quality aerial images of landscapes and structures for use in films and other visual projects. These 

images can be sold and purchased online using websites specializing in Aerial Stock Footage 

allowing directors and editors to directly download for use in projects.
Insurance:

Fresh Start Productions, LLC maintains UAS liability insurance in the amount of $500,000.

Operation under Exemption will be pursuant to Docket No.: FAA-2015-0150; Notice No. 15-01.

 Unmanned aircraft must weigh less than 55 lbs. (25 kg). 

 Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the 

operator or visual observer. 

 At all times the small unmanned aircraft must remain close enough to the operator for the 

operator to be capable of seeing the aircraft with vision unaided by any device other than 

corrective lenses.

 Small unmanned aircraft may not operate over any persons not directly involved in the 

operation.

 Daylight-only operations (official sunrise to official 11 sunset, local time). 

 Must yield right-of-way to other aircraft, manned or unmanned. 

 May use visual observer (VO) but not required. 

 First-person view camera cannot satisfy “see-and avoid” requirement but can be used as long 

as requirement is satisfied in other ways. 

 Maximum airspeed of 100 mph (87 knots). 

 Maximum altitude of 500 feet above ground level.

 Minimum weather visibility of 3 miles from control station. 

 No operations are allowed in Class A (18,000 feet & above) airspace. 

 Operations in Class B, C, D and E airspace are allowed with the required ATC permission.

 Operations in Class G airspace are allowed without ATC permission 

 No person may act as an operator or VO for more than one unmanned aircraft operation at 

one time. 

 No operations from a moving vehicle or aircraft, except from a watercraft on the water. 

 No careless or reckless operations.

 Requires preflight inspection by the operator. 

 A person may not operate a small unmanned aircraft if he or she knows or has reason to 

know of any physical or mental condition that would interfere with the safe operation of a 

small UAS. 

 Proposes a microUAS category that would allow operations in Class G airspace, over people 

not involved in the operation, and would require airman to self-certify that they are familiar 

with the aeronautical knowledge testing areas.

Public Benefit:

Granting this exemption will benefit the public as a whole by enhancing community awareness of 

geographic features from a different perspective particularly within the real estate market. The 

features of large tracts of land (forested) can be scouted and prepared for commercial activity such as 

logging in this area. The public may also enjoy and learn from photos and videos of fauna in a 

variety of habitats. The public will gain awareness of a variety of different cultures as they relate to 

locations and economic factors such as recordings of urban blight and urban redevelopment that may 
be unseen without the use of UASs. The public will also benefit by relief from combustible fuels and 

emissions that come from manned aircraft performing the same function.

The local public may benefit by employment opportunities that become available in association with 

productions.

Safety:

Fresh Start Productions, LLC at or below an altitude of 400 feet AGL, well below the normal 

operating altitude of other aircraft. Patrick S. Fagan will oversee each mission and has knowledge of 

the avoid rules. A Visual Observer will assist in looking for aircraft entering the operations area. It's 

the responsibility of the pilot to cease operations and land the UAS immediately whenever and 

aircraft comes into the vicinity creating a potential threat. Operations cannot recommence until the 

threat is clear.

Equivalent Level of Safety:

Compared to flight normal aircraft, Fresh Start Productions, LLC multi-rotor aircraft weigh less than 

7 pounds, and given the lack of flammable fuel, 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 as the location where it is operated. 

The UAS will be operated where buildings and people will not be exposed to operations without their 

pre-obtained consent. Because of the advance notice to the property owners and participants, all 

affected individuals will be well aware of the planned flight operations. Furthermore, by operating at 

such lower altitudes, the UAS will not interfere with aircraft that are subject to the minimum safe 

altitude regulations. Finally, the successful safety record of the DJI UAS's demonstrates that the UAS 

can be safely used at these lower altitudes and closer operating environments.

Conclusion:

As set forth herein, Fresh Start Productions, LLC seeks an exemption pursuant to 14 C.F.R § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Inspire 1 and DJI Phantom 3 UAS commercially, without an airworthiness 

certificate, for the purposes stated above. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Fresh Start Productions, LLC to safely, efficiently, 

and economically operate the DJI Inspire 1 and DJI Phantom 3 UAS commercially within the NAS. 

In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 

2012, Section 333, Fresh Start Productions, LLC respectfully requests that the Administrator grant 

this Petition for an exemption from the requirements of 14 C.F.R 91.7(a), 91.119, 91.121, 91.151(a), 

91.405, 91.407(a)(1), 91.409(a)2) and 91.417(a)and (b), and permit Fresh Start Productions, LLC to 

operate the DJI Inspire 1 and DJI Phantom 3 UASs commercially for the purposes as stated above.

Sincerely, 

Patrick S. Fagan