### Focal Flight, LLC David Byrne, Owner 1217 North Montgomery Street Ojai, CA 93023 805-630-0065 

### July 6, 2015

U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590

Dear Sir orMadam: 

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### Attached please find Focal Flight LLC (Focal Flight) request, as a member ofthe Professional Aerial Photographers Association, International (PAPA), for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging to include video and still photography. This exemption request is initially for the use of the Phantom II sUAS manufactured by DJI, an established sUAS company and in accordance with the sUAS training and certification program as administered byPAP A. Also attached to this letter is the equipment "Focal Flight Flight Manual" (Manual), which outlines the operating requirements, limitations, and technical specifications for the DJI System as used byFocal Flight. Focal Flighthas reviewed this Manual andhas found it to be acceptable for sUAS operations. Applicant submits this manual as a Confidential document under 14 CFR 11.35 (b) 

### as the entire Manual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act 5 USC 552 et. seq. Thank youfor your time and consideration, andplease let me know ifyouhave any questions.

Sincerely,

David Byrne Focal Flight LLC Corporate Officer

ProfessionalAerialPhotographers Association-International Section333 Doc 15-002July 6, 2015 U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590 

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Re: ExemptionRequestSection 333 oftheFAAReformActandPart 

### 11 ofthe FederalAviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119;91.121; 9.15l(a); 91.405 (a) (1); 91.409 (a) (2); 91.417 (a) & (b). Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Focal Flight, an aerial photography and digital imaging company, on behalfofitselfand its related affiliates under common ownership and control, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for video and still photography, so long as such operations are conducted within and under the conditions outlinedherein oras maybe establishedbytheFAA as requiredby Section 333. As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Focal Flight during aerial photography operations in accordance with the training and certification provided by the Professional Aerial Photographers Association, International (PAP A). Focal Flight is a member ofthe Professional Aerial Photographers Association-International (PAPA) and has a demonstrated record of safe operations in the National Airspace System (NAS). Principal employees have received ground school training and have logged well over 25 hours of sUAS flight operations. The Pilot In Command (PIC) proposed by Focal Flight is a FAA licensed pilot with years of safe and successful aerial photography operations. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems in the National Airspace System." Section 333(c) ofthe Reform Act.

ProfessionalAerial PhotographersAssociation-InternationalSection333 Doc 15-002Thename and address ofthe applicant is: Focal Flight LLC 1217North Montgomery Street Ojai, CA 93023 Evan Byrne, FAALicensed Pilot PH: 805-630-0065 Email: focalflight@gmail.com Regulations from which the exemption is requested: 14 C.P.R. Part 21 14 C.P.R. 

### 45.23(b) 14 C.P.R. 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 C.P.R. 91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 109 14 C.P.R. 119 14 C.P.R. 121 14 C.P.R. 91.151 (a) 14 C.P.R. 91.203 (a) & (b) 14 C.P.R. 91.405 (a) 14 C.P.R. 407 (a) (1) 14 C.P.R. 409 (a) (2) 14 C.P.R. 417 (a) & (b)

I. STATUTORYAUTHORITYFOREXEMPTIONS 

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The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have 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. 49 U.S.C. §44701(±) See also 49 USC §44711(a); 49 USC §44704; 14 CPR §91.203(a) (1). 

### Section 333(b) of the Reform Act assists. the Secretary in 

### determining whether s.UAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, ora threat to national security. Inmakingthis determination, the Secretarymustconsider:



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• The sUAS's size, weight, speed, andoperational capability; • Whetherthe sUAS operates within the visual line ofsight ofthe operator • Whetherthe sUAS operates outside ofhighlypopulated areas and away from close proximityto airports Reform Act §333(a). Ifthe Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft inthe national airspace system." Jd. §333(c) Focal Flight's sUAS are multirotor vehicles, weighing 20 or fewer lbs. including payload. They operate under normal conditions at a speed ofno more than 70 knots and have the capability to hover, and move inthe vertical andhorizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line ofsight at all times and will operate only within the controlled "Area of Operations" described in the Confidential Focal Flight Manual (Manual), attached as Exhibit 1 (hereinafter "Manual"). Such operations will ensure that the sUAS will "not create a hazard to users ofthe National Airspace System orthe public." Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and controlled environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also, due to the small size ofthe sUAS, altitudes, and controlled areas in which the sUAS will operate, approval ofthe application presents nonational security issue. Given the cleardirection in Section 333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

### operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Focal Flight respectfully requests thatthe FAA grant therequested exemptionwithout delay.

II. PUBLIC INTEREST This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety precautions inlowrisk environments. The use of sUAS on aerial photography operations can significantly reduce the risk to photographers andparticipants. sUAS can inspect, photograph, and collect data onhard to get to areas that otherwise wouldrequire direct access ormanned aircraft. Additionally, sUAS could replace the use ofhelicopters and small aircraft to produce imagery for various purposes. The sUAS we propose to fly in this application are less than 20 pounds, 

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and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from manned aircraftpresents a marked safety increase for ourworkers and thepublic. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. The sUAS usedby Focal Flight uses rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds oftimesheavier.

III. EQUIVALENT LEVEL OF SAFETYAND SECURITY Focal Flight proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed onimaging andphotography operations conductedwith conventional aircraft. Focal Flight will be bound by the following limitations when conducting its sUAS operations under anFAA issued exemption: 1. The sUAS will be less than 20 pounds. 2. Flights will be operatedwithin visual line ofsight ofa pilot. 3. Maximumtotal flight time for each operational flight will be20 minutes. The operator calculates batteryreserve, and will return the sUAS to the "Designated Safety Zone" with at least 20% batterypowerreserve should that occurpriorto the 20 minute limit. 4. Flights will normallybeoperated at an altitude ofnotmorethan 400feet AGL, butneverin controlled airspace withoutprior coordination and approval ofATC. 

### 5. Flights willnotbe conductedwithin the surface area ofcontrolled airport airspace without priorcoordination and approval ofATC. 6. Flights will notbe conductedwithin 

### 5miles ofany uncontrolled airport withoutprior coordination and approval ofthe airport authority. 7. Crewfor each operationwill consist ofthe sUAS Operatorwho will keep the sUAS within his visual line ofsight at all times and a qualified Observer. 8. The sUAS operatorwill be trained inflight, operations, and safetyprocedures as detailed in theFlightManual. 9. The sUAS will only operate within a confined "Area ofOperations" as defined in the Manual, including butnotlimited to evaluation ofthe airspace byreference to a current 1:500_,000 scale FAA Sectional Aeronautical Chart. The Manual also requires the establishment ofa "Designated SafetyZone" for the flight operations area. 10. A briefing willbe conductedregarding theplanned sUAS operations priorto each day's production activities. Itwillbemandatorythat all personnel who willbeperforming duties withinthe boundaries ofthe Designated Safety Zonebe present for this briefing. 11. All onsitepersonnelwill consentto theUAS flyover on sitebywaiver, and theOperatorwill obtain additional verbal orwritten consent ofall persons who will be allowed within 100 feet ofthe flight operation. 

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12. Operatorwill have beentrained inoperation ofUAS generally andwill have receivedup-todate information onthe particular sUAS to be operated as requiredbythe Focal Flight Manual. 13. Necessarywritten and/or oral permissionfrom the relevantpropertyholders will be obtained. 14. All requiredpermissions andpermits willbe obtained from territorial, state, country, or city jurisdictions, including local law enforcement, fire, orother appropriate government agencies. 15. Ifthe sUAS loses communications orloses its GPS signal, itwill have the capabilityto enter "loitermode" andhover, reestablish satellite connection, andreturnto a predetermined locationwithinthe "Designated SafetyZone" and land. 16. Focal Flightpersonnel will be easily identifiedby law enforcementpersonnel andthe Public through wearing a green fluorescent orblaze orange vestwith Section 333 Grant andPAP A credentials prominently displayed within a weatherproofcontainer onthe persons back. IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR61.113 (a) & (b): Private pilot privileges and limitations: Pilotin command Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations byrequiring the Operator operating the aircraft to have completed a sUAS flight training course of

### 25 hours before flying a sUAS (See the Focal Flight Manual for details) or meeting any FAA pilot licensing requirement. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlledwithno living thing orcargo on board. The area of operation is controlled and restricted per prior planning and necessary coordination with the local FSDO if applicable, and all flights are planned and coordinated in advance as set forth inthe Focal FlightManual. The sUAS to be operated hereunder is less than 

### 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled Area of Operation as set out in the Focal Flight Manual. Like other civil aircraft, operationsunderthis exemptionwill be tightly controlled andmonitoredbythe Operator, pursuant to the Focal FlightManual requirements, andunderthe requirements and in compliance with local public safety requirements, to provide security for the Area of Operation as is currently done on aerial photography operations. The FAA will have advance notice of all operations as required. The risks associated with the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplatedby Part 61 when drafted, and allowing operations ofthe sUAS as requested, with an operator who has met the minimum requirements stated in the Photographic Solutions Manual, achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.103: PreflightAction This regulation requires that each Operator in Command take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the Pilot will take 

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separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist inthe Focal Flight Manual. These actions will provide an equivalent level ofsafety.

14 C.F. R. 91.119: Minimum/Maximum 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. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes ofless than 400 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitudes higher than the base ofcontrolled airspace without prior approval and coordination with ATC and will be in a Controlled Area with a "Designated Safety Zone", where buildings and people will not be exposed to operations without the specified pre-obtained consent. (See Focal Flight Manual for detailed procedures.) The equivalent level ofsafety will be achieved given the size, weight, speed ofthe s UAS as well as the location where it is operated. No flight will be takenwithout the required permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel, as outlined in the Focal Flight Manual, all affected individuals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 20 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will ensure separation between sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14 C.F.R. 91.121: Altimeter Settings 

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

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Focal Flight Manual and Safety Check list, confirming the altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight. 14 CFR91.151 (a): Fuel requirements for flight in VFR conditions 

### Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments as outlined in the Focal Flight Manual, andhas a limited range and flight time whichrequire an exemptionfrom 14 CFR 91.151 (a) The battery powering the sUAS provides approximately 20 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would necessarily be limited to approximately 5 minutes in length. Given the limitations on the sUAS's proposed

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## IS flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight ornight VFR conditions is reasonable. Focal Flight believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small sUAS, in a controlled area where only people andproperty owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 20 minutes would greatly reduce the utility for which the exemption will be granted. An equivalent level ofsafety can be achievedbylimiting flights to 20 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% ofbatterypower (as determined by the onboard monitoring system and the operator), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, includingExemptions 2689F, 5745, 10673, and 10808. 14 CFR91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections 

### These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in the subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," 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 Focal Flight Maintenance will be accomplished by the operator and pursuant to the flight manual and operating handbook as referenced in the Focal Flight Manual. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in controlled areas for limited periods oftime. Ifmechanical issues arise, the sUAS can land immediately even ifoperating at a maximum of 1200 feet AGL. As provided in the Focal Flight Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. 

## ******* Pursuant to C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthatpublication is needed:

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## 19 Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs orless) in aerial photography operations. Approval of exemptions allowing commercial operations of sUAS in the aerial photography industry enhances safety while reducing risk. Manned aircraft still photography and video may create a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 20 lbs. and powered bybatteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried onboard. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associatedwith manned aircraft flights. The operation of small sUAS, weighing less than 20 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with manned aircraft operating in close proximity to the ground and people. Privacy All flights will occur overprivate orpublic property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise having agreed to be in the area where aerial photographywill take place. 

## ******* Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in construction industrypursuant to the Manual appendedhereto. Sincerely,

David Byrne Focal Flight Corporate Officers

Professional AerialPhotographers Association-InternationalSection333Doc 15-002