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1217 NorthMontgomeryStreet • Ojai, CA 93023 • Tel805-630-0065 • Fax 805-6:1-0-1394



### November 13,2015 U.S. Department ofTransportation DocketManagement System 1200 New Jersey Ave.> SE Washington, DC 20590 RE: Petitionto amend to Section 333 Exemption # 13445 Dear Sir or Madam: I am requesting an amendment to our section 333 exemption, #13445, to include 3 additional aircraft types. Specifically the following sUAS types-

• DJI Phantom 3 • DJI

### Inspir-e 1 

### • DJI Spreading wings S900 This amendment would be to page 3, conditions and limitations, paragraph 1to include the above listed aircraft types as follows.

1. Operations authorized by this grant ofexemption are limited to the DJI Phantom II, DJI Phantom III, DJI Inspire 1 and DJI S900 when weighing less than 

### 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption.

These additional aircraft types are below 55 

### lbs maximum gross weight. The operation of each ofthese types is similar to the previous approved type. All operations will be in accordance with the manufacturer's user's manuals.

FocalFlight@GMail.com• www.FocalFlight.com

### All operations will comply with all 

### other Conditions and limitations in 

### Section 333 Exemption# 13445, as well as FAA form 7711-1 UAS COA. Thank you for your time and consideration, and please let me know ifyou have any questions. Sincerely,

David Byrne Owner, Focal Flight, LLC Attachments: Exemptions No. 13445 dated October 30, 2015

## -·



## us Department ofTransportotion Federal Aviation Administration

October 30,2015

Mr. David Byrne Owner Focal Flight, LLC 1217 North Montgomery Street Ojai, CA 93023 Dear Mr. Byrne: ExemptionNo. 13445 800 Independence Ave

. S W Wash!flgton DC. 2059!

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 behalfofFocal Flight, LLC (hereinafterpetitioner or operator) for an exemption. The petitionerrequested to operate an unmanned aircraft system (UAS) to conduct aerial photography, videography and data collection. See the docket, at www.regulations.gov, for the petition submittedto the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption. The FAA has determined that good cause exists for notpublishing a summary ofthe petition in the Federal Registerbecause the requested exemptionwouldnot set a precedent, and any delay in acting on this petition would be detrimental to the petitioner. Airworthiness Certification The UAS proposedbythe petitioner is a DJI Phantom II. In accordance with the statutory criteria provided in Section 333 ofPublic Law 112-95 in reference to 49 U.S.C. § 44704, and in consideration ofthe size, weight, speed, and limitedoperating area associated with the 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, Subpart H-Airworthiness Certificates, and any associatednoise certiflcation andtesting requirements ofpart 36, is notnecessary. The Basis for Our Decision 2

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented inyour petition. In Grants ofExemption Nos. 11062 to Astraeus Aerial (see DocketNo. FAA-2014-0352), 11109 to Clayco, Inc. (see DocketNo. FAA-2014-0507), 11112 to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645 to Allied Drones (see DocketNo. FAA-2014-0804), the FAA found thatthe enhanced safety achievedusing anunmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft ofsignificantly greaterproportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons 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 stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213, and 12645 also apply to the situation youpresent; and • A grant ofexemption is in the public interest. Our Decision In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest. Therefore, pursuant to 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)(l), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extentnecessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

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 other gathering ofdata by instruments aboard the UA.3 Conditions and Limitations Inthis grant ofexemption, Focal Flight, LLC is hereafter referred to as the operator. Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption. 1. Operations authorized bythis grant ofexemption are limited to the DJI Phantom II when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption. 2. Operations for the purpose ofclosed-set motionpicture and television filming are notpermitted. 3. The UAmay notbeoperated ata speedexceeding 87 knots (100 milesperhour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. Inno case will the UAbe operated at airspeeds greater than the maximum UA operating airspeed recommendedbythe aircraft manufacturer. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude mustbe reported in feet AGL. 5. The UAmustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaidedby any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. 6. All operations mustutilize a visual observer (VO). The UA must be operated within the visual line ofsight (VLOS) ofthe PIC and VO at all 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 communicate verbally atall times; electronic messaging ortexting is notpermitted during flight operations. The PIC mustbe designated before the flight and cannottransfer his orher designation for the duration ofthe flight. The PIC must ensure thatthe VO canperformthe 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 hereinafterreferred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administratoruponrequest. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and mustbe followed.Otherwise, the operator must follow the procedures as outlined in its operating documents. The operatormayupdate orrevise its operating documents. Itis the operator'sresponsibility to track such revisions and presentupdated and revised documents to the Administrator or any law enforcement official uponrequest. The operatormust also presentupdated and revised documents ifitpetitions for extension or amendment to this grant ofexemption. Ifthe operator determines that any update orrevision would affect the basis upon which the FAA granted this exemption, then the operator mustpetition for an amendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS-80) maybe contacted ifquestions arise regarding updates orrevisions to the operating documents. 4

8. AnyUAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement ofa flight critical component, mustundergo a functional test flight priorto conducting further operations under this exemption. Functional test flights may only be conductedby a PIC with aVO and mustremain at least 500 feet from other people. The functional test flight mustbe conducted in such a manner so as to notpose 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, orequipment. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the 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 limit requirements for the aircraft and aircraft components. 12. Each UAS operatedunderthis exemption must comply with all manufacturer safety bulletins. 13. Under this grant ofexemption, a PIC musthold either an airline transport, commercial, private, recreational, or sportpilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meet the flight review requirements specified in 14 CFR 

### § 61.56 in an aircraft inwhich the PIC is rated onhis orherpilot certificate. 14. The operator maynotpermit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will beoperatedunderthis exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency mustbe logged in a manner consistent with 5

14 CFR 

### § 61.51(b). Flights for the purposes oftraining the operator's PICs andVOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated underthis exemption are permitted under the terms ofthis exemption. However, training operations may onlybe conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considerednonparticipants, 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 UAmaynot operate within 5 nautical miles ofan airport reference point (ARP) as denoted inthe currentFAAAirport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter ofagreementwith that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport management mustbe made available to the Administrator or any law enforcement official uponrequest. 17. The UA maynotbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 18. Fortethered UAS operations, the tether line must have coloredpennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from atleast one mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top ofand within 250 feet ofany structure, so long as the UA operationdoes not obscure the lighting of the structure. 19. Ifthe UAS loses communications or loses its GPS signal, the UAmust return to a pre-determined location within the private or controlled-access property. 20. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies. 21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weatherconditions) there is enough available power for the UA to conduct the intended operation and to operate after that for atleast five minutes orwith the reserve powerrecommended bythe manufacturerifgreater.22. AirTraffic 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 ifitintends to conduct operations that cannot be conductedunderthe terms ofthe attached CO A. 

### 6

23. All aircraft operated in accordance with this exemption mustbe identifiedby serial number, registered in accordance with 14 CFRpart47, 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 operator to 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 at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official uponrequest. 25. The UA mustremain clear and give wayto all manned aviation operations and activities at all times. 26. The UAS may not be operated bythe PIC from any moving device orvehicle. 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 sufficientlyprotectnonparticipating persons from the UA and/or debris inthe event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closerto those objects and the PIC has made a safety assessment of the risk ofoperating closerto those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this 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 authorizedrepresentative will be obtained for each flight to be conducted. 29. Any incident, accident, orflight operationthat transgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COA mustbe reported to the FAA's 

### VAS Integration Office (AFS-80) within 24 hours. Accidents must bereported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: ww\v.ntsb.gov. Ifthis exemption permits operations for the purpose ofclosed-set motion picture and television filming and production, the following additional conditions and limitations apply. 30. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant ofexemption. 7

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

a. Dates and times for all flights; b. Name andphone number ofthe operator for the UAS aerial filming conducted under this grant ofexemption; c. Name and phone number ofthe person responsible for the on-scene operation of the UAS; 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 statement that the operatorhas obtained permission from property owners and/or local officials to conduct the filming production event; the list ofthose who gave permission must be made available to the inspector upon request; g. Signature ofexemption holder orrepresentative; and h. A description ofthe flight activity, including maps ordiagrams ofany area, city, town, county, and/or state overwhich filming will be conducted and the altitudes essential to accomplish the operation. 32. Flight operations may be conducted closerthan 500 feet from participatingpersons consenting to be involved and necessary for the filming production, as specified in the exemptionholder's MPTOM. Unless otherwise specified in this grant ofexemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CPR including, but not limited to, parts 45, 47, 61, and 91.

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8 This exemption terminates on October 31, 2017, unless sooner superseded orrescinded. Sincerely, 

### Is! John S. Duncan Director, Flight Standards Service Enclosure