-

~:;___: i ~------'~ ··~ .. ;; 

www. FocalFiight.com 

12.17 North Montgomery Street • Ojai, CA 93023 • Tel80S~630,-,0065 • Fax 805,640,1394. 

November 13,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Additional Amendment for Docket ID FAA-2015-3182 

Dear Sir or Madam: 

------------------

I am requesting an amendment to our section 333 exemption, #13445, to include operations 

for closed-set motion picture and television filming. This amendment would require a change 

to the page 3, paragraph 2 of the attached Exemption, No. 13445 dated October30, 2015. 

This request is in addition to our previous request to add additional aircraft types dated 

November 13, 2015 

All operations will comply with the attached Motion Picture and Television Flight Operations 

manual. 

All operations will comply with all other Conditions and limitations in Section 333 

Exemption# 13445, as well as FAA form 7711-1 UAS COA. 

Thl;lllk YOl.l for yol.lr time lilld consideration, and please let me know if you have a,ny 

questions. 

Sincerely, 

David Byrne 

Owner, Focal Flight, LLC 

Attachments: Exemptions No. 13445 dated October 30, 2015 

Focal Flight Motion Picture and Television Flight Operations Manna} 

PoealPligtl.t@GMail.~()m • www.Fo~alPlig'ht.oom 

-------------------------------------------
Motion Picture and Television 

Flight Operation Manual 

Focal Flight, LLC 

1217 North Montgomery Street 

Ojai CA 93023 

Date 12-15-2015 Original Revision 1 
Table of Contents 

1. Introduction 

A. Purpose 

B. Pilot/Operator Organization 

C. Persons Authorized 

D. Area of Operations 

E. Plan of Activities 

F. Permission to Operate 

G. Security 

H. Briefing of Pilot/Production Personnel 

I. Certification/Airworthiness 

J. Pilot Personnel/Minimum Requirements 

K. Communications 

L. Accident Notification 

M. Recall/Stop Procedures 

N. Aerobatic Competency 

0. Special Provisions 

2. Company Organization 

A. Chief Pilot 

B. Pilot in Command 

Appendix A 

1 List of Approved Pilots 

2 List of Approved Aircraft 

3 Permission Acquisition Form (sample) 

4 Revision Letter (sample) 

Date 12-15-2015 Original Revision 

4 

4 

4 

4 

5 

5 

6 

6 

7 

7 

8 

8 

8 

8 

8 

10 

10 

11 

12 

13 

14 

2 
Revision Control Page 

Revision# 

Date 12-15-2015 

Date 

Original Revision 

Initials 

3 
1. Introduction 

A. Purpose 

This manual has been developed by "Focal Flight, LLC", hereafter referred to 

as " Focal Flight ", in conjunction with an application for a Certificate of Waiver of 

Authorization of the provisions of FAR 91.119 (b) and (c) for the purposes of 

filming. Focal Flight pilots and other company personnel when applicable will comply 

with the policies, procedures and conditions of this manual, whenever motion picture, 

television, and aerial photo flight operations are performed that require a Waiver of 

Authorization as mentioned above. 

B. Pilot/Operator Organization 

Evan Byrne- Chief Pilot 

Focal Flight, LLC 

1217 North Montgomery Street, Ojai, CA 93023 

David Byrne ., Manager 

C. Persons Authorized 

FAR 91.119 (c) is waived only with respect to those persons, vehicles and 

structures directly involved in the performance of tfle actual filming. The certificate 

holder shall ensure that no persons are allowed within 500 feet of the area except 

those consenting to be involved and necessary for the filming production. This 

provision may be reduced to no less than 200 teet if an equivalent level of safety 

can be achieved and the Administrator has approved it. For example, an 

equivalent level of safety may be determined by an ASI's (Aviation Safety Inspector) 

evaluation of the filming production area to note terrain features, obstructions, buildings, 

etc. Such barriers may protect nonparticipating persons (observers, the public, news 

media, etc.)from debris in the event of an accident. 

D. Area of Operations 

Focal Flight's approved area of operations will be the continental United States, 

including Alaska and Hawaii. 

Date 12-15-2015 Original Revision 4 
E. Plan of Activities 

At least three (3) days prior to any scheduled filming, Focal Flight wHI submit a written 

plan of activities to the local FSDO having jurisdiction over that area. The plan of 

activities should include the following: 

(1) Dates and times for all flights. 

(2) Name and phone number of person responsible for the filming production 

event. 

(3) Name and phone number of person responsible for aircraft. 

(4) Make, model, and serial or N-number of aircraft to be used and type of 

airworthiness certificate, including category. 

(5) Name and certificate number of pilots involved in the filming production 

event, including any notation of external load endorsements or aerobatic 

competency, if required. 

(6) A statement that the waiver holder has obtained permission from property 

owners and/or local officials to conduct the filming production event. The 

list of those who gave permission must be made available to the inspector 

upon request from the waiver holder. 

(7) Signature of waiver holder or representative. 

(8) A description of the flight activity including maps or diagrams of any area, 

city, town, county, and/or State over which filming will be conducted and the 

minimum altitudes essential to accomplish the operations. 

(9). Specific policing and crowd control procedures to insure proper distance f,rom nonparticipating spectators. 

The three (3) day notification equipments may be waived, however, the operator 

should contact the FSDO as soon as possible with this request and be prepared to 

explain in detail why the three (3) day notification is not practical. 

F. Permission to Operate 

Before any flight operations are conducted at less than 500 feet under the 

provisions of the certificate of waiver and this manual, the operator will obtain 

permission to conduct these operations from property owners and local officials as 

necessary or appropriate. Persons from whom permission may be required are listed 

below. 

(1) Property owners 

(2) Law enforcement officials 

(3) Fire department officials 

Date 12-15-2015 Original Revision 5 
(4) Local, State and Federal government 

(5) Air traffic control 

FLIGHT 

~ 

The Focal Flight personnel obtaining such permission will do so in writing whenever 

practical, however, verbal. permission is acceptable otherwise. A standard 

permission form is provided in Appendix A and may be used when obtaining 

written permission. Focal Flight personnel will assure a sufficient number of those forms 

are available at the job site. Written permission forms will be maintained at the job 

site until flight operations are completed, and then turned into the chief pilot to be 

kept on file for a minimum of six (6) months. These forms will be made available 

for inspection by the FAA or other official personnel upon request. 

G. Security 

Prior to any flight operation the operator will coordinate with appropriate 

production personnel to devise a plan of securing trre area(s) of operation from all 

unauthorized persons and vehicles. Provisions will be made to immediately 

discontinue operations should the area(s) become unsecured or for any other 

reason in the interest of safety. 

H. Briefing of Pilot/Production Personnel 

Prior to the start of any operation under the provisions of this manual, the pilot in 

command will conduct a briefing of all procedures to participating personnel of the 

risks involved, emergency procedures, and safeguards to be followed during the 

filming production event. Personnel will also be briefed on additional provisions 

that may be issued by the FSDO that has geographic responsibility for the 

operational area, including the location of boundaries or time limits. The briefing 

shall cover: 

• Authorization for motion picture and television certificate of waiver and the 

attached special provisions 

• Operations manual 

• Plan of activities 

·Aircraft parking and starting 

• Taxi procedures 

·Radio Communications 

• Takeoff procedures 

·Aviation activities to be conducted during the filming production event 

• Approach and landing procedures 

• Recall procedures 

• Emergency procedures 

• Risks to participating personnel 

• How to control nonparticipating persons 

Date 12-15-2015 Original Revision 6 
I. Certification/Airworthiness 

All Focal Flight aircraft used in operations requiring a waiver of FAR 91 .119 (b) and (c) 

for the purpose of filming will be properly certified and hold airworthiness certificates if 

required. Manned aircraft comply with the requirements of FAR 91.203, 91.313 and 

91.319 as appropriate, However, restricted category aircraft cannot be used as the 

filming "vehicle" in motion picture and television filming. The aircraft will have all 

required tests and inspections performed as per CFR Parts 43 and 91 and the 

manufacturers service manual when necessary. Each aircraft will have a flight log 

containing upcoming scheduled maintenance and inspections and the dates or times 

they must be performed. The pilot in command will assure the aircraft to be flown is in 

airworthy condition and all required inspections and matntenance has been completed 

before each flight. 

J. Pilot PersonneVMinimum Requirements 

The pilot/operator shall establish and specify the minimum pilot requirements. 

Minimum requirements shall meet or exceed the following: 

(1) A current U.S. Commercial pilot certificate with ratings appropriate to the 

category, class and type (if applicable) of aircraft to be used under the 

terms of the waiver. 

(2) At least 500 hours logged as PtC and at least 20 hours logged as the PIC 

in the aircraft type. 

(3) A minimum of 100 hours in the category and class of aircraft to be used. 

(4) A minimum of 5 hours in the make and model aircraft to be used under 

the waiver. 

(5) In the event that the 1 ,500-foot minimum standard contained in the 14 

CFR 91.303(e) is to be waived, the pilot performing aerobatic maneuvers 

must hold FAA Form 8710-7, Statement of Acrobatic Competency, to 

perform the operations. 

(6) In the event the operation to be conducted contains elements of an 

external-load operation, whether fixed or rotary wing operatl'ons, pilots 

used in the operation shall be qualified. This qualification may be 

obtained through a knowledge test (which may be oral and/ or written) and/or 

skill. The inspector or another company pilot who is qualified to carry loads 

externally will give the test(s) which are similar to part 133 requirements 

and cover the following subjects: 

(a) Steps to be taken before starting operations, including a survey of the 

Flight area. 

(b) Proper method of loading, rigging, or attaching the external load. 

(c) Aircraft performance capabilities under motion picture operating 

procedures and the aircraft flight manual. 

Date 12-15-2015 Original Revision 7 
(d) Proper instructions for flight and ground crew personnel. 

(e) Aircraft flight manual, pilot operations handbook, or a rotorcraft-load 

combination flight manual and limitations, if appropriate. 

K. Communications 

Prior to the start of any operation covered by this manual, the pilot in command 

will formulate a plan to provide communications capability to all participants 

during the actual operation and filming. Oral, visual or radio communications may 

be used as long as it is effective and is capable of keeping the participants 

continuously appraised of the current status of the operation. 

L. Accident Notification 

Should an accident or incident requiring notification of the National Transportation 

Safety Board (NTSB) occur, Focal Flight and the Pilot in Command would comply with 

the notification requirements of 49 CFR Part 830. 

M. RecaiVStop Procedures 

Radio communication, oral, visual or a combination will be utilized to keep the 

participants continuously apprised of the current status of operation. 

N. Aerobatic Competency 

If the filming operations require the issuance of FAA Form 8710-7, Statement of 

Aerobatic Competency, refer to Volume 5, Chapter 9, Issue/Renew/Rescind a 

Statement of Aerobatic Competency. 

0. Special Provisions 

The certificate holder must adhere to the accepted motion picture and television 

operations manuaL 

The controls, procedures, and conditions set forth in the Focal Flight motion picture and 

television operations manual is the primary assurance that persons on the surface will 

not be jeopardized. This is the basis for issuance of the authorization and/or waiver. 

Therefore, failure to comply with the provisions of the manual wi.ll be considered a 

violation of the terms of the authorization and/or waiver and may constitute justification 

for cancellation of the authorization and/or waiver. 

The holder of the Focal Flight motion picture and television operations manual shall 

maintain primary responsJbility for safeguarding persons and property on the surface, 

Date 12-15-2015 Original Revision 8 
The aircraft and pilots used under this authorization and/or waiver will only be those 

specified in the Focal Flight motion picture and television operations manual ("Appendix 

A" page 11) or associated plan of activities. Each pilot's name and certificate number 

shall. appear on each daily plan of activity. 

All civil aircraft and pilot(s) participating in the activity shall be available for FAA 

inspection before the scheduled event. 

Each pilot-in-command conducting operations authorized under this certificate 

understands the conditions of issuance, and that it constitutes a waiver of FAR 91.119 

(b) and (c) . (see attached document under "Appendix B" page 15) 

Rotocraft and sUAS takeoff and landing areas will be protected in a manner that will 

prevent unauthorized persons from entering the takeoff and landing area. The helipads 

must be located so the aircraft will not pass over nonparticipating personnel during 

takeoff and landing. 

Focal Flight shall ensure that the participating persons involved in the operations are 

thoroughly briefed on special procedures, communications, emergency procedures, and 

the provisions of the authorization and/or waiver before beginning the activities. This 

requirement applies to all persons within 500 feet of the aircraft during waived activity. 

No person may participate in any event unless that person has received a briefing on 

the provisions of the waiver. 

In the event of an accident considered to be the result of an event deficiency or 

procedure, flight operations will be canceled until the deficiency has been corrected and 

the correction accepted by the FSDO responsible for the geographic area in which the 

activity occurred. 

Focal Flight will ensure that the participating persons involved in the operations are 

thoroughly briefed on special procedures, communication, emergency procedures, and 

on the provisions of the authorization and/or waiver before beginning the activities. No 

person may participate in any event unless that person has received a briefing on the 

provisions of the waiver. 

The pilot in command (PIC) may remove and install specialty equipment authorized in 

accordance with an exemption issued for that purpose or under the terms of a 

Supplemental Type Certificate (STC) or field approval. 

Traditional seating for the PIC of various aircraft does not always lend itself to be the 

safest position from which to conduct a flight. The primary seat may not be the optimal 

location, depending on the subject aircraft. The decision on where to sit may be 

determined by the PIC. 

Date 12-15-2015 Original Revision 9 
2. Company O-rganization 

A. Chief Pilot 

Duties and ResponsibiliUes: 

• Final word in the formulation of policy and procedures concerning this 

manual. 

·Act as liaison between Focal Flight and the FAA on matter concerning this manual. 

·Assure that each approved pilot is issued a copy of this manual and obtain a 

signed statement from each that they have read and understand its contents. 

• Maintain a current copy of this manual at the main base of operations for Focal Flight. 

• Responsible for assuring that all revisions to this manual are distributed and 

processed properly. 

• Must approve or disapprove each proposed job or operation performed by Focal Flight 

under the provisions of this manual. 

• Assume the responsibilities of pilot in command when acting as such. 

• The chief pilot may delegate functions to other personnel but retains 

responsibility. 

B. Pilot in Command 

Duties an<t Respon$il~iHtie$: 

• Assure that aircraft to be flown is in airworthy condition and all inspections and 

required maintenance have been performed as per appropriate FAR's. 

·Acquire permission from the chief pilot before any operation under the 

provisions of this manual. 

• Be very knowledgeable ot the contents of this manual and abid.e. by th.e 

procedures, policies and conditions contained herein. 

• Coordinate with movie and television personnel to formulate plans, routes, 

locations, etc. with safety of all persons involved in the primary concern. 

• Maintain their copy of this manual in current condition and have it on site at any 

job or operation requiring the waiver. 

·The pilot in command may delegate functions to other personnel, but retains 

responsibility. 

Date 12-15-2015 Original Revision 10 
Appendix A .1 

List of Approved Pilots 

Chief Pilot 

Name : Evan Byrne 

Certificate Number 3377956 

Grade: Commercial 

Medical Class: 2nd 

Contact Number : 805-276-3275 

Pilots 

Name : David Byrne 

Certificate Number: 3064081 

Grade: ATP 

Medical Class: 1st 

Contact Number : 805-630-0065 

Additional pilots may be used and must comply with the minimum requirements listed in 

in paragraph 1 (J), Pilot Personnel/Minimum Requirements, of this manual. The FSDO 

must be advised of any pilots not listed above in the notification of the Plan of Activities 

outlined in paragraph 1 (E) of this manual. 

Date 12-15-2015 Original Revision 11 
Appendix A .2 

List of Approved Aircraft 

Make and Model Registration Number 

1. DJIInspire 1 Pending 

2. OJ I Phantom 3 N628VG 

3. Piper J-3 N98425 

4. Pitts 818 N1228H 

5. DJI 8900 Pending 

Additional aircraft may be used provided they comply with the airworthiness 

requirements of this manual. The F8DO will be notified of any additional aircraft used in 

the Plan of Activities outlined in paragraph 1 (E) of this manual. 

Date 12-15-2015 Original Revision 12 
Appendix A .3 

Focal Flight, LLC. 

Permission Acquisition Form 

In signing this form, I am giving the pilots of Focal Flight. Permission to operate 

their aircraft at less than 500 feet from property, or in some jurisdiction in which I am 

responsible for or affiliated with, for the purpose of film or television production. 

Name: 

Title: 

Basis of Authority to Grant Permission: 

Location: 

Date of Operation: 

Signature--------------·--------

Date __________ _ 

Focal Flight Representative Receiving Permission 

Date 12-15-2015 Original Revision 13 
Appendix A .4 

Revision Letter 

Rev# Section Page Action Remarks Initials 

R D Remove and Replace D D Delete and Destroy N D Insert New Page 

Manual Serial# _________ Issued To ____________ _ 

Revised By ______________ _ 

Date 12-15-2015 Original Revision 14