### U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve, SE Washington, DC 20590 John T. Rabalais Focus Productions \ ' 107Avenleigh 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 14CFR 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 allowthe commercial operation ofa sUAS system which consists ofa DJI Phantom 3. Authorization to utilize the sUAV would allowforsafer videoing of historic sites, commercial andprivate property; and sites of regional importance. This video would provide clients with records of historic events, marketingtools, and serve to preserve social and cultural heritage. 

### CONTACT INFORMATION The name and address· ofthe applicant is:
Focus Productions Owner: John Thomas Rabalais Phone: 337.984.7199 Email:focusproduct@hotmail.com Address: 107Avenleigh Drive, lafayette, LA 70508 

### SECTIONS OF 14CFR 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


### 14CFR Part 21, 14CFR 91.7(a), 14CFR 91.203 -Certification Proceduresfor Products and Parts, Civil aircraft airworthiness, Carrying civil aircraft certification Part 21, subpart H, establishes procedures forthe issuance ofairworthiness certificates required by 14 CFR 91.203. 14 CFR 91.207(a) prohibits the operation ofan 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, orflammable 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 ofsight (VLOS) ofthe Person in Command (PIC) and safetyobserver at all times. This ensures the PIC is able to use human vision, unaided by any ,.-._._.device (otherthan 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 cannottransfer his or herdesignation for the duration ofthe flight. The PIC shall also ensure thatthe 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% offull 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 notime shall air speed exceed that recommended by the aircraft manufacturer. • Minimum crewfor flight operations will consist ofthe sUAS pilotand a safetyobserver. • 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 undervisual 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 priorto each days flying.**,~** - · -· • Any involved party who will be within the 500 foot perimeter ofthe aircraft shaU attend preflight briefings. • The safety observer and pilotshall remain at all times in voice communication. • The use of mobile phones and similar electronics, includingtexting, bythe safety observer and PIC is prohibited duringanyand all flight operations. • Written and/or oral permission shall be obtained from all relevant property holders priorto flight. • At no time shall flights be conducted within restricted areas. The sUAS utilized is fitted with onboard GPS which providesthe PIC with real time information regardingthe boundaries and locations ofsuch zones. • Authorizations from applicable territorial, state, county, or cityjurisdictions shall be obtained priorto 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 abilityto**abortaflig~t** in case of unpredicted obstacles or emergencies. The abortion ofa flight may be prompted atanytime by eitherthe pilot or safety observer
The size and above operational limitations ofthe aircraftutilized bythe Applicant meetthe requirements ofan equivalent level ofsafety under Part 11 ofSection 333 ofthe Reform Act. Further, both the Federal Aviation Act and Section 333 ofthe Reform Act authorizethe FAA to exemptaircraft from the requirement of an airworthiness certificate based uponthe rafts size, speed, weight, operational capabilities, and proximityto airports and populated areas. An analysis ofthese criteria have repeatedly shown that a sUAS without an airworthiness certificate operating underthe proscribed restrictions 

### will be at least as safe, ifnotsafer, than a conventional aircraft with an airworthiness certificate. As no airworthiness**cer.tifi~wiU,be** issued,_jf,.tbis exemption is grantedrthere'wiU4le'"A0·'·:""'_,,,

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

### will be no certificateto be carried onboard as proscribed by 91.203. · Precedence for exemption from this regulation can be seen in exemption numbers 11269, 11308, 11739.


### 14CFR 45.23 -Displayof

### Marks §45.23 requires the display of registration numbers and indi<;ations ofthe aircrafttype 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 nothave a cabin, cockpit, or pilotstation on which to apply these markings the regulation cannot be met•. Furtherthe UAV frame is too small

### to facilitate the minimum size of letters forthese markings. The marking "EXPERIMENTAl" shall, nonethe 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.


### 14CFR 61.113(a},(b)

- Private Pilot Privileges & 

### limitations: PIC

·- This regulation restricts a person.holding a private pilotcertificate from ac.ting, as.,piiQt in commaAd'fPIC) ofan aircraft in commercial operations involvingthe transport of passengers or property for compensation or hire.
As the sUAS is not capable ofcarrying cargo or passengers, but is in commercial operation solelyforthe capture ofvideo, 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 ofthe 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 greatlydiminished by the weight and operational characteristics ofthe aircraft. Thus the use ofa private pilot as PIC exceeds the intended level ofsafetyof 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 ofthis requirement is for the pilot and appropriate parties to have access tothe necessary reference material. As the sUAS is operated from the ground these manuals will be kept readily available tothe PIC during operations. 

### By doing so an equivalent level ofsafety 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, alternativeflight routes, known traffic delays, and takeoff/landing distances of aircraft and intended runway. FAA approved rotorcraft flight manuals will not be utilized ifthe exemptions requested in thispetition are granted. Thus, developing a full preflight action plan as described in 91.103 is notpracticable. However, an equivalent level ofsafety will be ensured bythe PIC and safety observer who will review weather, batterycharge, assess flight paths, identify landing and takeoffzones and review aircraft performance information priorto 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 forflight. §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. Italso allows powered parachutes to operate at less than 500 feet in otherthan 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 ofsafety is clearly established based on the light ·weightofthe**aircraft~** 

### the factthat itccarries-rrcr11cfmmable liquids/fuel,and will maintain

### a**,mioim.t~;m,,** 

### distance of500 feetfrom 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 100feet. Additional considerations to safety 

### will also be taken into consideration during preflight briefings.
The use ofa lightweight sUAV in these operating conditions is much saferthan the use ofa traditional helicopter as described in 91.119(d) or ofa powered parachute at low altitude. Further, the limiting of the sUAV to below 400 feet ensures thatthe aircraft remains clear ofother aircraft which operate at higher altitudes.
Precedence for exemption from this regulation can be seen in exemption numbers 11269, 11308, 11739 

# -

### 91.121 • Altimetersettings. Proscribes cruising altitude orflight level ofaircraft using altimeters, based upon theatmospheric pressure in the area ofoperation.
The aircraft employed are notfitted with barometric altimeter. Instead they use GPS based altimeters, thus, an exemption is requested. An equivalent level ofsafety is established by the PIC during preflight checks. The operator and safety observer will ensure thatthe GPS altimeter is operating properlyand reads the proper altitude atthe launch site priorto departure. The sUAV 

### will remain in visual contact of the PIC and safety observer. Ifaltimeter readings everbecome abnormal theflightwill immediatelybe aborted. PreG8Qe.nce for exemption fromthis- regulation can be seen in exemption numbers 112:69,**1:1:908'~** 

### and''"'''"·'"'"">· 11739. 

### 91.151(a) -Fuel requirementsfor flight in VFR conditions Prohibits persons from beginning a flight under VFR conditions unlessthere is enough fuel to flyto the first point of intended landing and an additional30 minutes for daytime flight.
Power supply for sUAS is from onboard batteries. Each provides roughly 30 minutes of power flight. Thus maintaining 30 minutes ofadditional fuel for each flight is impracticable. However, an equivalent level ofsafety is maintained by limiting flight lengths and maintaining continued visibility of battery life by the PIC. No flight shall exceed 15 minutes. This ensures thatthe aircraft will maintain a 30% power reserve in case of complications. Additionally, should unexpected conditions result in the faster depletion of energythan planned, the flight will be aborted if reserve powerdrops below 30% battery capacity.
Precedence for exemption from this regulation can be seen in exemption numbers 2689,5745, 10673, 11209,11308and 11739. 

### 91.405(a), 91.407(a)(l), 91.409(a), 91.417 -Maintenance 46 CFR §91.405 requires owners or operators of aircraftto have the aircraft inspected as prescribed in subpart Eand 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 bya 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 forthe 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 ofthese requirements are intended to ensure thataircraft properly maintain the conditions outlined on the aircraft airworthiness certificate. However, as this petition requests an exemption fromthe airworthiness certificate these sections will not apply. An equivalent level ofsafety shall be maintained by Focus Productions who will conduct, and maintain record of, maintenance proscribed bythe 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 ofthe aircraft, bythe PIC, its lightweight and lack ofonboard fuelalso attributeto the equivalent level ofsafetywhen compated to the regulations intention. Further, preflight inspections ofthe aircraft and theflight ceiling·ensure thatthe aircraft will be able to safely return to the ground in the event ofa mechanical problem.
Precedence for exemption from this regulation can be seen in exemption numbers 11269, 11308 and 11739. 

### PUBLIC BENEFIT The granting ofthe exemptions outlined in this petitionallow Focus Productions, LLC to provide the public with additional ways ofcapturing events and historic sites ofgreatsocial and commercial importance tothe community.
The use ofa 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 ofa sUAS reduces the risks associated with aerial photography andvideographythus enhancing public safety.
The granting ofthis exemption request is in the public interest as it does not create a hazard to users of the NAS or public, or pose a threatto national security. The use ofa 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 conventionallyfueled aircraft. A strong level of equivalent safety surroundingthe proposed operationsand the significant public benefit clearly indicatethe granting ofthis request is in public interest. · 

### SUMMARY FOR THE FEDERAL REGISTER In accordance with 14 CFR Part 11the 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 thefollowing rules:
14CFR 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 ofthese**~xemptions;-atlowing** commercial oper:atipn of a sUAS,**willeoh.~~.~~ safe~Y**  .. ,· by reducing the risks associated with using manned aircraftat·lowaltitude. 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 ofthese risks 

### by utilizing electric batteries as its power source. Operational restrictions included in the exemption request ensure thatthe UAV will not pose a risk to other aircraft, vehicles, people, or structures. The FAA has established this as an equivalent level of safetythrough the granting ofprevious exemptions to companies operating in similar fields.

### ADDITIONAL INFORMATION SUPPORTING REQUEST All Focus Productions, LLC sUAS operations will be performed by highlytrained professional FAA licensed pilotsthereby insuring thatthe sUAS will "not create a hazard to users ofthe national airspace system orthe 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 overthirtyyears and has logged over 350 flight hours. Mr. Burling holds a private single engine land license. The safety observers brought on site to supportthe PIC duringflights 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 inp'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 exemptionsto several sUAS operators working in the film and video industry. Operating conditions and the exemptions requested are very similartothose 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 orgreatersafetywhen compared to larger manned aircraft.



## Respectfully:cL 

# JZ/1

# ~o~balais Focus Productions, LLC