U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

John T. Rabalais 

Focus Productions 

\ ' 

107 Avenleigh Drive l ~ { ~ ' ' . ' 

q., 1::tafayette, LA 70508 

January 5, 2015 

-~---·-~d-~-·~- Subject: .. £xemption.Request Pursu~t~- · · -Aet-ef~G:J:;2. & Part•!'i •of t~,~·-• •· · ;·"""''''~"'''~'·'·~"~~ 

Federal Aviation Regulations from 14 CFR Part 21; 45.23; 61.113(a)-(b); 91.7(a); 91.9(b); 91.103; 

91.119(c); 91.121; 91.151(a); 91.203; 91.405(a); 91.407(a)(1); 91.409(a); 91.417. 

Focus Productions, LLC is a videography and video production company which works primarily in the 

marketing, historic preservation, and entertainment industries. As outlined in 14 CFR §11.81; Focus 

Productions submits this petition for exemption from certain Federal Aviation Regulations to allow the 

commercial operation of a sUAS system which consists of a DJI Phantom 3. Authorization to utilize the 

sUAV would allow for safer videoing of historic sites, commercial and private property; and sites of 

regional importance. This video would provide clients with records of historic events, marketing tools, 

and serve to preserve social and cultural heritage. 

CONTACT INFORMATION 

The name and address· of the applicant is: 

Focus Productions 

Owner: John Thomas Rabalais 

Phone: 337.984.7199 

Email:focusproduct@hotmail.com 

Address: 107 Avenleigh Drive, lafayette, LA 70508 

SECTIONS OF 14 CFR FOR WHICH EXEMPTION IS REQUESTED 

Exemption is requested for the following regulations contained in 14 CFR: 

21 

45.23 

61.113{a)(b) 

91.7(a) 

91.9(b) 

91.103 

91.119(c) 

91.121 

91.151(a) 

91.203 

91.405(a) 

91.407(a)(1) 

91.409(a) 

91.417 
EXTENT OF RELIEF, REASON·FOR REQUEST & EQUIVALENT LEVEL OF SAFETY 

14 CFR Part 21, 14 CFR 91. 7(a), 14 CFR 91.203 -Certification Procedures for Products and Parts, Civil 

aircraft airworthiness, Carrying civil aircraft certification 

Part 21, subpart H, establishes procedures for the issuance of airworthiness certificates required by 14 

CFR 91.203. 14 CFR 91.207(a) prohibits the operation of an aircraft unless it is in an airworthy condition. 

The sUAS that will be operated by Focus Productions is less than 55 lbs. It does not carry passengers or 

pilot, nor does it carry explosive materials, or flammable liquid fuels. It will be operated at less than 87 

knots, can hover and move simultaneously in multiple directions. The sUAS will only be operated under 

the following conditions: 

• The sUAS shall remain within visual line of sight (VLOS) of the Person in Command (PIC) and 

safety observer at all times. This ensures the PIC is able to use human vision, unaided by any 

,.-._._.device (other than cor:rectiue lenses, as..&peG~a:Ft'h&-PJG'~,FAA·isstteEI~'&iFmarrmedie&~~"":~·'~"-"' 

certificate or U.S. driver's license) to operate the vehicle. 

• The PIC must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC shall also ensure that the safety observer is capable of 

performing all assigned duties. 

• Maximum flight time for each flight will be 15 minutes. At no time will reserve battery power 

fall below 30% of full capacity. 

• Flight altitude shall not exceed 400 feet above ground as indicated by onboard system. 

• The sUAS will not be operated at a speed exceeding 87 knots {100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with this speed restriction. At no time shall air speed exceed that recommended 

by the aircraft manufacturer. 

• Minimum crew for flight operations will consist of the sUAS pilot and a safety observer. 

• The sUAS pilot will be a Pilot in Command (PIC) and will hold at minirnum a valid private pilot's 

certificate. 

• The sUAS will maintain a 500 foot distance from people, vehicles, and buildings, except where 

consent is gained by all persons involved. In no case shall proximity be less than 10QJeet. 

• sUAS operations will not be conducted during night, as defined by 14 CFR 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized. 

• A preflight brief will be conducted between a representative of Focus Productions, the safety 

observer and the PIC prior to each days flying. ,~ - · -· 

• Any involved party who will be within the 500 foot perimeter of the aircraft shaU attend 

preflight briefings. 

• The safety observer and pilot shall remain at all times in voice communication. 

• The use of mobile phones and similar electronics, including texting, by the safety observer and 

PIC is prohibited during any and all flight operations. 

• Written and/or oral permission shall be obtained from all relevant property holders prior to 

flight. 

• At no time shall flights be conducted within restricted areas. The sUAS utilized is fitted with 

onboard GPS which provides the PIC with real time information regarding the boundaries and 

locations of such zones. 

• Authorizations from applicable territorial, state, county, or city jurisdictions shall be obtained 

prior to flight where applicable. 
• The sUAS is fitted with, and shall utilize, an automatic return to origin and land functionality In 

the case of lost GPS signal. 

• The sUAS will maintain its ability to abortaflig~t in case of unpredicted obstacles or 

emergencies. The abortion of a flight may be prompted at any time by either the pilot or 

safety observer 

The size and above operational limitations of the aircraft utilized by the Applicant meet the 

requirements of an equivalent level of safety under Part 11 of Section 333 of the Reform Act. Further, 

both the Federal Aviation Act and Section 333 of the Reform Act authorize the FAA to exempt aircraft 

from the requirement of an airworthiness certificate based upon the rafts size, speed, weight, 

operational capabilities, and proximity to airports and populated areas. An analysis of these criteria 

have repeatedly shown that a sUAS without an airworthiness certificate operating under the proscribed 

restrictions will be at least as safe, if not safer, than a conventional aircraft with an airworthiness 

certificate. As no airworthiness cer.tifi~wiU,be issued,_jf,.tbis exemption is gra ntedrthere' wiU4le'"A0·'·:""'_,,, .. , 

established standard of airworthiness from the FAA. Thus,14 CFR 91.7(a) and will not apply and there 

will be no certificate to be carried onboard as proscribed by 91.203. · 

Precedence for exemption from this regulation can be seen in exemption numbers 11269, 11308, 

11739. 

14 CFR 45.23 -Display of Marks 

§45.23 requires the display of registration numbers and indi<;ations of the aircraft type on the aircraft in 

specific locations such as the cabin, cockpit, or pilot station. It also requires that the letters be no less 

than 2 inches high. 

As the aircraft in discussion is unmanned it does not have a cabin, cockpit, or pilot station on which to 

apply these markings the regulation cannot be met •. Further the UAV frame is too small to facilitate the 

minimum size of letters for these markings. The marking "EXPERIMENTAl" shall, none the less, be 

applied to the sUAV in the largest possible legible font. 

Precedence for exemption from this regulation can be seen in exemption numbers 8738, 10167, 10700, 

and 11739. 

14 CFR 61.113(a},(b) - Private Pilot Privileges & limitations: PIC 

·- This regulation restricts a person. holding a private pilot certificate from ac.ting, as.,piiQt in commaAd'fPIC) 

of an aircraft in commercial operations involving the transport of passengers or property for 

compensation or hire. 

As the sUAS is not capable of carrying cargo or passengers, but is in commercial operation solely for the 

capture of video, it is believed that a private pilot's certificate is a sufficient credential to safely operate 

the sUAS. As the SUAS is operated from the ground only a small amount of the training undergone buy a 

pilot holding a commercial license would be applicable. Further, Focus Production screens its pilots for 

extensive experience operating sUAS or similar RC type aircraft. The risks associated with typical 

commercial operations are also greatly diminished by the weight and operational characteristics of the 

aircraft. Thus the use of a private pilot as PIC exceeds the intended level of safety of 14 CFR 61.113. 

Precedence for exemption from this regulation can be seen in exemption numbers 11269, 11308, and 

11739. 

-
91.9(b) -Civil aircraft flight manual, marking, and placard requirements 

Requires that all registered civil aircraft have approved Airplane or Rotorcraft Fling Manuals, material, 

markings, and placards or combinations thereof as applicable be available in the aircraft. 

The sUAS is, by its size and weight, incapable of carrying these documents. The intention of this 

requirement is for the pilot and appropriate parties to have access to the necessary reference material. 

As the sUAS is operated from the ground these manuals will be kept readily available to the PIC during 

operations. By doing so an equivalent level of safety is ensured. 

Precedence for exemption from this regulation can be seen in exemption numbers 8607,8737, 8738, 

9299,9565,10167,11269. 

91.103 .. ~.Preflight-Action 

§91.103 requires each PIC to conduct certain actions preflight. These actions include weather reports, 

fuel requirements, alternative flight routes, known traffic delays, and takeoff/landing distances of 

aircraft and intended runway. 

FAA approved rotorcraft flight manuals will not be utilized if the exemptions requested in this petition 

are granted. Thus, developing a full preflight action plan as described in 91.103 is not practicable. 

However, an equivalent level of safety will be ensured by the PIC and safety observer who will review 

weather, battery charge, assess flight paths, identify landing and takeoff zones and review aircraft 

performance information prior to each flight. 

Precedence for exemption from this regulation can be seen in exemption numbers 11269 and 11308. 

91.119 -Minimum safe altitudes: General 

Establishes minimum altitudes for flight. §91.119(d) addresses helicopters, powered parachutes, and 

weight shift control aircraft. It allows helicopters to operate at lower altitudes (provided the helicopter 

complies with any routes or altitudes specifically prescribed. It also allows powered parachutes to 

operate at less than 500 feet in other than congested areas. 

The sUAVs utilized by Focus Productions are not intended to operate above 500 feet. Thus an 

exemption is requested. However, an equivalent level of safety is clearly established based on the light 

·weight of the aircraft~ the fact that itccarries-rrcr11cfmmable liquids/fuel, and will maintain a ,mioim.t~;m,, 

distance of 500 feet from people, vehicles, and structures. In cases where video at closer ranges are 

needed consent will be collected from all involved parties prior to flight and proximity will never be less 

than 100 feet. Additional considerations to safety will also be taken into consideration during preflight 

briefings. 

The use of a light weight sUAV in these operating conditions is much safer than the use of a traditional 

helicopter as described in 91.119(d) or of a powered parachute at low altitude. Further, the limiting of 

the sUAV to below 400 feet ensures that the aircraft remains clear of other aircraft which operate at 

higher altitudes. 

Precedence for exemption from this regulation can be seen in exemption numbers 11269, 11308, 11739 

-
91.121 • Altimeter settings. 

Proscribes cruising altitude or flight level of aircraft using altimeters, based upon the atmospheric 

pressure in the area of operation. 

The aircraft employed are not fitted with barometric altimeter. Instead they use GPS based altimeters, 

thus, an exemption is requested. An equivalent level of safety is established by the PIC during preflight 

checks. The operator and safety observer will ensure that the GPS altimeter is operating properly and 

reads the proper altitude at the launch site prior to departure. The sUAV will remain in visual contact of 

the PIC and safety observer. If altimeter readings ever become abnormal the flight will immediately be 

aborted. 

PreG8Qe.nce for exemption from this- regulation can be seen in exemption numbers 112:69, 1:1:908'~ and''"'''"·'"'"">· 

11739. 

91.151(a) -Fuel requirements for flight in VFR conditions 

Prohibits persons from beginning a flight under VFR conditions unless there is enough fuel to fly to the 

first point of intended landing and an additional30 minutes for daytime flight. 

Power supply for sUAS is from on board batteries. Each provides roughly 30 minutes of power flight. 

Thus maintaining 30 minutes of additional fuel for each flight is impracticable. However, an equivalent 

level of safety is maintained by limiting flight lengths and maintaining continued visibility of battery life 

by the PIC. No flight shall exceed 15 minutes. This ensures that the aircraft will maintain a 30% power 

reserve in case of complications. Additionally, should unexpected conditions result in the faster 

depletion of energy than planned, the flight will be aborted if reserve power drops below 30% battery 

capacity. 

Precedence for exemption from this regulation can be seen in exemption numbers 2689,5745, 10673, 

11209,11308 and 11739. 

91.405(a), 91.407(a)(l), 91.409(a), 91.417 -Maintenance 

46 CFR §91.405 requires owners or operators of aircraft to have the aircraft inspected as prescribed in 

subpart E and repair discrepancies between inspections in accordance with part 43. §91.407(a)(1) 

···--prohibits·the·operation ofan·aircraftthat has·undergone·maintenante, rebuilding, or alteratipp unle~s .. it 

has been approved for return to service by a person authorized under §43.7. §91.409(a) requires that 

an annual inspection in accordance with part 43 bas been conducted within the preceding 12 calendar 

months and has been approved to return to service by an authorized person or an inspection for the 

issuance of an airworthiness certificate has been conducted. Finally, 91.417 outlines the record keeping 

requirements and specifies the periods for which records must be maintained. 

All of these requirements are intended to ensure thataircraft properly maintain the conditions outlined 

on the aircraft airworthiness certificate. However, as this petition requests an exemption from the 

airworthiness certificate these sections will not apply. An equivalent level of safety shall be maintained 

by Focus Productions who will conduct, and maintain record of, maintenance proscribed by the 

operations manual and sUAS manufacturer. In addition, the sUAS does not operate for long periods and 

does so in limited areas maintaining a minimum distance from people, vehicles, and structures. The 

requirement for continuous visibility of the aircraft, by the PIC, its light weight and lack of on board fuel 
also attribute to the equivalent level of safety when compated to the regulations intention. Further, 

preflight inspections of the aircraft and the flight ceiling·ensure that the aircraft will be able to safely 

return to the ground in the event of a mechanical problem. 

Precedence for exemption from this regulation can be seen in exemption numbers 11269, 11308 and 

11739. 

PUBLIC BENEFIT 

The granting of the exemptions outlined in this petition allow Focus Productions, LLC to provide the 

public with additional ways of capturing events and historic sites of great social and commercial 

importance to the community. 

The use of a sUAS in lieu of a larger manned aircraft such as a helicopter for capturing aeriar video is 

clearly~a safer-approach. The sUAS~earries no flammable liquid fuel, weighs less than 50 lbs~'~''teM'ains a·t:::::;" 

low altitude and maintains a .safe distance from all vehicl~s, persons and structures. The use of a sUAS 

reduces the risks associated with aerial photography and videography thus enhancing public safety. 

The granting of this exemption request is in the public interest as it does not create a hazard to users of 

the NAS or public, or pose a threat to national security. The use of a sUAS also has a positive 

environmental impact. As the sUAS is driven by batteries it has a higher efficiency and produces no 

emissions like those associated with the operation of larger conventionally fueled aircraft. A strong level 

of equivalent safety surroundingthe proposed operations and the significant public benefit clearly 

indicate the granting of this request is in public interest. · 

SUMMARY FOR THE FEDERAL REGISTER 

In accordance with 14 CFR Part 11 the following is a summary provided for publication in the Federal 

Register should it be determined that this petition sets new precedence. 

Focus Productions seeks an exemption from the following rules: 

14 CFR Part 21; 45.23; 61.113(a)-(b); 91.7(a); 91.9(b); 91~103; 91.119(c); 91.121; 91.151(a); 

91.203; 91.405(a); 91.407(a)(l); 91.409(a); 91.417; to commercially operate a small unmanned 

vehicle (weighting 55 lbs or less) as part of its video production operations. 

The· approval of these ~xemptions;-atlowing commercial oper:atipn of a sUAS, willeoh.~~.~~ safe~Y .. ,· 

by reducing the risks associated with using manned aircraft at· low altitude. The risks mitigated 

include the notably higher weight of manned aircraft, and the carriage of large quantities of 

flammable liquid fuels. A light weight sUAV mitigates all of these risks by utilizing electric 

batteries as its power source. Operational restrictions included in the exemption request ensure 

that the UAV will not pose a risk to other aircraft, vehicles, people, or structures. The FAA has 

established this as an equivalent level of safety through the granting of previous exemptions to 

companies operating in similar fields. 
ADDITIONAL INFORMATION SUPPORTING REQUEST 

All Focus Productions, LLC sUAS operations will be performed by highly trained professional FAA 

licensed pilots thereby insuring that the sUAS will "not create a hazard to users of the national airspace 

system or the public". 

Focus Productions has already completed preliminary discussions and agreements for contracting a PIC 

with a private pilot's license. Mr. Scott Burling has been flying for over thirty years and has logged over 

350 flight hours. Mr. Burling holds a private single engine land license. The safety observers brought on 

site to support the PIC during flights will also have extensive experience flying RC and UAV equipment; 

The aircraft utilized by Focus Productions is a DJI Phantom 3·.·fhese are·~~mo'hlyused in p'rivate"'' 

applications and have a reputation of being highly reliable. Focus Productions has registered the 

aircraft with DJI and will receive, and immediately address, any service bulletins that they may release in ~<:,~,..,~,.-··.-< .. '· .. ,,G~"¥.-.:..i.,..i'"!;,..;_,.,,,._,_",d '~, ·:..;~~~z~:;,.i:~,~·._,.:.,~.;m~t~;~.~~~~~l~~~I<Y:.o•~·''; '· thefuture. · ,..,,,,....,i:w:''" 

Recently, the FAA granted exemptions to several sUAS operators working in the film and video industry. 

Operating conditions and the exemptions requested are very similar to those granted to Sky Shots Aerial 

Imaging Services (Exmp # 11308), Hawaii AirVision, LLC (Exmp# 11269), and Edward T. Zakarian(Exmp # 

11739). These cases are cited as precedence that the use of asUAS within the operational restrictions 

defined within this exemption meet a level of equivalent or greater safety when compared to larger 

manned aircraft. 

Respectfully:cL JZ/1 ~o~balais Focus Productions, LLC