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U.S. Department ofTransportation Federal Aviation Administration

October 30, 2015

Mr. David Byrne Owner Focal Flight, LLC 1217 Nort]:). Montgomery Street Ojai, CA 93023 DearMr. Byrne: ExemptionNo. 13445 800 Independence Ave

. SW Washington. DC. 20591

Regulatory DocketNo. FAA-2015-3182

This letter is to inform you that we have granted your request for exemption. Ittransmits our decision, explains its basis, and gives you the conditions and limitations ofthe exemption, including the date it ends. By letter dated July 6, 2015, you petitioned the Federal Aviation Administration (FAA) on behalfofFocalFlight, LLC (hereinafterpetitioner or operator) for an exemption. The petitionerrequested to operate an unmanned aircraft system (UAS) to conduct aerial

**photography~** videography and data collection. Seethedocket, atwww.regulations.gov, fo:r the petition submitted to the FAA describing the proposed operations and the regulations thatthe petitioner seeks an exemption. The FAA has determined that good cause exists for notpublishing a summary ofthe petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition wouldbe detrimental to the petitioner. Airworthiness Certification The UAS proposedbythe petitioner is a DJIPhantom II. In accordance with the statutory criteria provided in Section 333 ofPublicLaw 112-95 in reference to 49 U.S.C. 

### § 44704, and in consideration ofthe size, weight, speed, and limitedoperating area associated withthe aircraft and its operation, the Secretary ofTransportation has determined that this aircraft meets the conditions ofSection 333. Therefore, the FAA finds that relieffrom 14 CFRpart 21, 

### Certificationprocedures forproducts and parts, SubpartH-Airworthiness Certificates, and any associatednoise certification and testing requirements ofpart 36, is notnecessary. The Basis for Our Decision 2

Youhave requested to use a UAS for aerial data collection1

. TheFAAhas issued grants of exemption in circumstances similar in all material respects to those presented inyourpetition. In Grants ofExemptionNos. 11062 to Astraeus Aerial 

### (see DocketNo. FAA-2014-0352), 11109 to Clayco, Inc. 

### (see DocketNo. FAA-2014-0507), 11112 to VDOS Global, LLC 

### (see DocketNo. FAA-2014-0382), 11213 to Aeryon Labs, Inc. 

### (see DocketNo. FAA-2014-0642), and 12645 to AlliedDrones 

### (see DocketNo. FAA-2014-0804), the FAA found thatthe enhanced safety achieved using an unmanned aircraft (UA) withthe specifications described by the petitioner and carrying no passengers or crew, ratherthan a manned aircraft ofsignificantly greater proportions, carrying crew in additionto flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed yourreasons for requesting an exemption, I find that-

• They are similar in all material respects to reliefpreviously requested in Grant of ExemptionNos. 11062, 11109, 11112, 11213, and 12645; • The reasons statedbythe FAA for grantingExemptionNos. 11062, 11109, 11112, 11213, and 12645 also apply to the situationyou present; and • A grant ofexemption is in the public interest. OurDecision In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest. Therefore, pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Focal Flight, LLC is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and{2), and 91.417(a) and (b), to the extent necessary to allow the petitionerto operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listedbelow.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any othergathering ofdata by instruments aboard the UA.

### 3 Conditions and Limitations 

### In this grant ofexemption, Focal Flight, LLC is hereafter referred to as the operator. Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption willbe grounds for the immediate suspension or rescission ofthis exemption. 1. Operations authorized by this grant ofexemption are limitedto the DJIPhantom II when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a newpetition or a petition to amend this exemption. 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted. 3. The UA may 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 the 87 knot speed restriction. In no case will the UA be operated at airspeeds greaterthan the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA mustbe operated withinvisual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified onthe PIC'sFAA-issued airman medical certificate or U.S. driver's license. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line ofsight (VLOS)ofthePIC and VO atall times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicateverbally at all times; electronic messaging ortexting is not permitted during flight operations. The PIC mustbe designated before the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure that the VO canperform the duties required ofthe VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents mustbe accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations inthis exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to this grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates orrevisions to the operating documents. 4

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight characteristics, e.g., replacement ofa flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conductedby a PIC with a VO and must remain at least 500 feet from otherpeople. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Priorto each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. Ifthe inspection reveals a conditionthat affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed andthe UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limitrequirements for the aircraft and aircraft components. 12. Each UAS operated underthis exemption must comply with all manufacturer safety bulletins. 13. Under this grant ofexemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a currentFAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meetthe flight review requirements specified in 14 CFR 

### § 61.56 in an aircraft in which the PIC is rated onhis or her pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will beoperated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 

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14 CFR 

### § 61.51(b). Flights for the purposes oftraining the operator'sPICs and VOs (training, proficiency, and experience-building) and determiningthe PIC's ability to safely operate the UAS in a manner consistent with howthe UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations maynotbe conducted during night, as defined in 14 CFR 

### § 1.1. All operations mustbe conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles ofan airport reference point (ARP) as denoted inthe current FAAAirportJFacility Directory (AFD) or for airports not denoted with anARP, the center ofthe airport symbol as denoted onthe current FAA-published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permittedby a COA issuedto the exemption holder. The letter ofagreement with the airport management mustbe made available to the Administrator or any law enforcement official upon request. 17. TheUA may notbe operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or whenvisibility is less than 3 statute miles from the PIC. 18. Fortethered UAS operations, the tether line must have coloredpennants or streamers attached at notmore than 50 foot intervals beginning at 150 feet above the surface of the earth andvisible from at least one mile. This requirement for pennants.or streamers is not applicable when operating exclusively belowthe top ofand within 250 feet ofany structure, so long as the UA operation does not obscure the lighting of the structure. 19. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the private or controlled-access property. 20. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies. 21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conductthe intended operation andto operate after that for at least five minutes or with the reserve power recommended by the manufacturer ifgreater.22. Air Traffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemptionholder may apply for a new or amended COA ifit intends to conduct operations that cannotbe conducted under the terms ofthe attached CO A. 6

23. All aircraft operated in accordance withthis exemption mustbe identifiedby serial number, registered in accordance with 14 CFRpart 47, and have identification (N-Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as large as practicable. 24. Documents used bythe operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR 

### §§ 91.9 and 91.203 mustbe available to the PIC atthe Ground Control Station ofthe UAS any time the aircraft is operating. These documents mustbe made available to the Administrator or any law enforcement official upon request. 25. The UA mustremain clear and give way to all manned aviation operations and activities at all times. 26. The UAS may notbe operatedbythe PIC from any moving device or vehicle. 27. All Flight operations mustbe conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from theUA and/or debris inthe event ofan accident. Theoperator must ensure that nonparticipating persons remainunder suchprotection. Ifa situation arises where nonparticipating persons leave suchprotection and are within 500 feet of the UA, flight operations mustcease immediately in a manner ensuring the safety ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or stru.ctures has grantedpermission for operating closer to those objects andthe PIC has made a safety assessment of the risk ofoperating closer to those objects and determinedthat it does not present an undue hazard. The PIC, VO, operatortrainees or essential persons are not considered nonparticipating persons underthis exemption. 28. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 29. Any incident, accident, or flight operationthat transgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COA mustbe reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents mustbereported to the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. Ifthis exemptionpermits operations for the purpose ofclosed-set motion picture and television filming and production, the following additional conditions and limitations apply. 30. The operator musthave a motionpicture and television operations manual (MPTOM) as documented inthis grant ofexemption. 

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31. At least 3 days before aerial filming, the operator ofthe UAS affected by this exemptionmust submit a writtenPlan ofActivities to the local Flight Standards District Office (FSDO) withjurisdiction over the area ofproposed filming. The 3-day notification may be waived withthe concurrence ofthe FSDO. The plan ofactivities must include at least the following:

a. Dates and times for all flights; b. Name and phone number ofthe operator for the UAS aerial filming conducted under this grant ofexemption; c. Name and phone number ofthe personresponsible for the on-scene operation of theUAS; d. Make, model, and serial orN-Number ofUAS to be used; e. Name and certificate number ofUAS PICs involved in the aerial filming; 

### f A statementthatthe operatorhas. obtained permission from property owners and/or local officials to conductthe filming production event; the list ofthose who gave permission mustbe made available to the inspector upon request; g. Signature ofexemptionholder orrepresentative; and h. A description ofthe flight activity, including maps or diagrams ofany area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 32. Flightoperations may be conducted closerthan 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemptionholder's MPTOM. Unless otherwise specified inthis grant ofexemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8 This exemption terminates on October 31, 2017, unless sooner superseded or rescinded. Sincerely, 

### Is/ JohnS. Duncan Director, Flight Standards Service Enclosure