March 5, 2016

Joseph J Luiz

Capion Studio

5 Strawberry Lane

North Dartmouth, MA 02747

United States Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 

(a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103(b); 14 C.F.R. 

91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & 

(b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a)(2) ; 14 CFR 417 (a) & (b)

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, Capion Studio, operator of Small Unmanned Aircraft Systems (UAS), 

hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to 

allow commercial operation of its UAS, so long as such operations are conducted within 

and under the conditions outlined herein or as may be established by the Federal Aviation 

Administration (FAA) as required by Section 333. Commercial operation of an UAS, as 

described herein, which are equipped with camera(s) and sensors, would operate in the 

following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 



2. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local 

authorities or government has requested it by contract or donation. 

3. Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and news gathering. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including 

but not limited to electrical power lines, wind turbines and cell towers (UAS can 

reduce the need for a person to perform inspections from an elevated position 

Thus reducing the potential risk of injury or death.) 

5. The ability to offer training to persons individually or belonging to both private and/or 
public organizations that have interests in the safe use and operation of a UAS. 

BACKGROUND 

Unmanned Aircraft Systems: DJI S900 and 3DR SOLO UAS

Capion Studio seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI S900 and 3DR SOLO are vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet 

or smart phone systems. The The DJI S900 has a maximum gross weight of 

approximately 14 pounds 10 ounces, while having a length of 28 inches width of 16 

inches, height of 8 inches, and a maximum speed of approximately 52 knots. The 3DR 

SOLO has a maximum gross weight of 3.9 pounds 7.5, a length of 18 inches, width of 10

inches, height of 11 inches, and a maximum speed of approximately 47 knots. The DJI 

S900 UAS is equipped with six main rotors; and the 3DR SOLO is equipped with four 

rotors driven by Lithium Polymer battery powered electric motors. 

Both UAS that will be operated by Capion Studio and registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, 

and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking. 

Specifically, each UAS is: A lightweight (< 55.0 lb gross weight with all on-board

equipment), battery operated 6/4 motor rotorcraft in the form of a hex/quad copter that 

takes off and lands vertically, manufactured by DJI and 3DR, with the following 

equipment: 

− An on-board flight computer with GPS navigation and location ability that receives 

signals for flight controls from a ground-based transmitter/controller; 

− An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video; 

− An on-board telemetry system that delivers flight data from the on-board flight 

computer to the onboard radio transmitter including altitude AGL, horizontal and vertical 

speed, compass direction of flight and direction back to its launch site; 

− A 500mW, 2.4GHz on-board radio transmitter that transmits live video from the onboard camera plus all the flight data from the telemetry system described above; The 

Ground Station Includes: 

− A Pilot in Command (PIC) in operational control of a flight operation from beginning 

to end and who controls the UAS while in the air; 

− A radio receiver receiving live video and flight data from the on-board camera and 

computer projects it all together onto a screen for the PIC to view during flight; 

− A Visual Observer (VO) 
BASIS FOR PETITION 

Petitioner, Capion Studio pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems,hereby petition the 

Administrator to commercially operate the DJI and 3DR UAS’s in the 

National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§ 21 subpart H, 61.113(a)&(b), 91.7(a), 91.9(b)2,91.103, 91.121, 91.151(a), 

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Capion Studio’s operation of the DJI S900 and 3DR 

Solo UAS meets the conditions of FMRA Section 333 and therefore, will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, 

Capion Studio requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that 

only apply to aircraft with an airworthiness certificate. 

Capion Studio submits that the requested relief is proper since an equivalent level of

safety will be ensured. Capion Studio will use experienced personnel or technicians to

perform maintenance, alterations, or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed in the operating documents (i.e., 

Maintenance Log, and DJI Instruction Manuals. Furthermore, Capion Studio will 

document and maintain all maintenance records for the DJI and 3DR UAS’s. 

Capion Studio submits that they will ensure that the UAS’ are in an airworthy condition, 

prior to every flight. 

Capion Studio seeks relief from Section 45.23(b) Which states that when marks include 

only the Roman capital letter “N” and the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as 

applicable. 

The size of the UAS is too small to fit the required markings on the fuselage. A smaller 

type or different designation could be used. Capion Studio seeks relief from certain 

requirements of Section 61.113(a) and (b), entitled private pilot privileges and 

limitations: Pilot in command, to the extent necessary to allow a Pilot in Command (PIC) 

holding an airman medical certificate, and who has demonstrated, by meeting minimum 

flight- hour and currency requirements, that the PIC is able to safely operate the UAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Capion Studio also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the UAS will not have a typical barometric altimeter 
onboard. However, altitude information of the UAS will be provided to the PIC via 

Global Positioning System (GPS) equipment and radio communications telemetry data 

link, which downlinks from the UAS to the GCS for active monitoring of the flight path. 

This altitude information, combined with operation of the UAS within visual line of 

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 

91.121. 

Additionally, Capion Studio seeks an exemption from the requirements of Section

91.151(a), entitled Fuel requirements for flight in VFR conditions.Capion Studio, 

submits that safety will not be affected by operation of the UAS during daylight hours in 

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough 

battery power to fly for a total duration of approximately 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. In accordance with 14 C.F.R. § 11.81. 

Capion Studio provides the following information in support of their petition for 

exemption: 

Maintenance: 

To ensure safe operational control a maintenance program will be followed, Scheduled 

and preventive maintenance shall be documented and only quality replacement parts will 

be used. 

Equivalent level of Safety: 

Inspection: 

Preflight checks shall be completed before liftoff and continuous monitoring of in-flight 

systems shall be performed from the ground station from the moment of powering up for 

preflight until shutting down at the end of the operation. Before every flight, the UAS

operational condition will be inspected for damage and deterioration, paying close 

attention to the props for damage, cracks or ware and the UAS fuselage for damage . If 

damage, cracks or unusual ware is detected, the damage and or ware will be logged and 

the flight will be suspended until proper repairs have been made. 

Hazards Spotter: To ensure safety the listing agent, seller, contractor, owner or another 

party, will be on site to review and observe hazards before and during the flight. 

Population of Intended Areas: To ensure safety, all non-essential personnel will be 

removed from the area. There will be no flight over heavily populated areas like 

stadiums, schools, malls, casinos, and the like during operating hours unless explicit 

permission is granted according to current FAA regulations.

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in or 

around airports unless explicit permission is granted according to current FAA 

regulations. 
Weather: To ensure safety of spotter, agents, property owners, pet and wildlife flights 

will be conducted in optimal weather conditions. Flights will not be conducted in winds 

above 20 mph. 

Return-to-Home Feature: In the event the UAS loses signal or runs critically low on 

battery the UAS has a GPS controlled return to home feature. The "home" is set upon 

flight startup. - Auto Return-to-Home & Landing. 

Flying in Confined Areas: There is a high probability of flying in confined spaces, around 

residential properties. Pilot and spotter will be in constant communication by two way

radio, or cell phone, or other approved FAA communications device when geographically

separated during flight to ensure awareness of obstacles, hazards and UAS location. 

Line of Site: The UAS will always be within the line of site of the pilot and spotter. If the 

UAS cannot be seen the return home failsafe will be used to regain visual control. 

Height: Fights will not exceed 400 ft AGL above subject properties at any time. 

Pilot Qualifications 

The Pilot in command will be familiar with current FAA regulations regarding UAS 

commercial usage. 

The Pilot in command will have sufficient eye sight (with or without corrective lenses 

and without the aid of binoculars) to see and operate the UAS at the distances necessary

for the purpose of the flight. 

Pilot will be in good health. 

New Pilots in training will shadow and act as the Pilot in Command Spotter until they

can demonstrate a workable knowledge of the UAS and proficiency in operational control 

at all times. 

Summary

Section 61.113(a) and (b) prescribes that—(a) no person who holds a private pilot 

certificate may act as a pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft.(b) a private pilot may, for compensation or hire, act as 

pilot in command of an aircraft in connection with any business or employment if:(1) 

The flight is only incidental to that business or employment; and(2) The aircraft does 

not carry passengers or property for compensation or hire. The UAS is not capable of 

carrying passengers or is able to carry cargo aside from the mentioned gimbal mounted 

camera. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is 

in an airworthy condition. There are no specifications on what makes a UAS airworthy, 

during the preflight checks all propellers and mountings are checked for damage and 
operation.Section 91.7(a) prescribes that the pilot in command of a civil aircraft is 

responsible for determining whether that aircraft is in condition for safe flight and that the 

PIC shall discontinue the flight when un- airworthy mechanical, electrical, or structural 

conditions occur. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

Supplemental materials will include equipment and flight manuals issued with the UAS. 

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway

lengths at airports of intended use, and takeoff and landing distance information. All 

landing zones will be thoroughly checked and flight areas reviewed before any flights are 

made. Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls. 

The system is not available with dual controls, though with the UAS size and training in 

safe areas the instruction could be contained to a safe altitude and area where safety can 

be optimized for all involved. Section 91.119 prescribes that, except when necessary for 

takeoff or landing, no person may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface.(b) Over congested areas. Over any 

congested area of a city, town, or settlement, or over any open air assembly of persons, an 

altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet 

of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.(d) Helicopters, 

powered parachutes, and weight-shift-control aircraft. If the operation is conducted 

without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or(c) of this section, provided each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by the FAA; and(2) A 

powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section.Due to altitude limitations and the 

desire to avoid passenger carrying aircraft it is requested to maintain a maximum ceiling 

of 400’ with typical heights being below that dependent on angles and shots for 

photographic use.Section 91.405(a) requires, in pertinent part, that an aircraft operator 

or owner shall have that aircraft inspected as prescribed in subpart E of the same part and 

shall, between required inspections, except as provided in paragraph (c) of the same 

section, have discrepancies repaired as prescribed in part 43 of the chapter. As there are 

no current maintenance requirements for UAS of this type it is not possible to meet this 

requirement at this time.Section 91.121 requires, in pertinent part, each person 
operating an aircraft to maintain cruising altitude by reference to an altimeter that is set 

“...to the elevation of the departure airport or an appropriate altimeter setting available 

before departure.”The UAS is single operator only with no dual controls so there will 

be only one pilot during flight, the GPS system will reference the altitude at the launch 

point for every flight. This will also be the point that the UAS will return to upon 

completion. Section 91.151(a) prescribes that no person may begin a flight in an 

airplane under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing and, assuming normal 

cruising speed, (1) during the day, to fly after that for at least 30 minutes. Petitioner will 

operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of 

battery remains. All UAS are additionally equipped with a low battery failsafe that allow 

the UAS to safely land when little battery remains. The UAS are not propelled by fuel 

and will operate only within the safety constraints of the UAS battery life 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§ 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless the airworthiness certificate or a special flight authorization issued under § 91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew.Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an 

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration 

unless it has been approved for return to service by a person authorized under § 43.7 of 

the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for the issuance 

of an airworthiness certificate in accordance with part 21 of this chapter.There are 

currently no airworthiness certificates for the UAS to be used and also as there is no 

cabin cockpit or passenger compartment on the UAS it is not possible to store certificates 

on board the craft. Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:(1) Records of the maintenance, preventive 

maintenance, and alteration and records of the 100-hour, annual, progressive, and other 

required or approved inspections, as appropriate, for each aircraft (including the airframe) 

and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and(ii) The date of completion of the work performed; and(iii) The 

signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 
(i) The total time in service of the airframe, each engine, each propeller, and each 

rotor.(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance.(iii) The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its appliances 

are maintained. (v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves recurring 

action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances. (b) 

The owner or operator shall retain the following records for the periods prescribed:(1) 

The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished 

to a registered owner or operator under§ 43.11 of this chapter shall be retained until the 

defects are repaired and the aircraft is approved for return to service. 

Records of maintenance and engine replacement can be kept as well as prop changes and 

any repairs or fixes to the gimbal, electronics, and camera system. Maintenance records 

may not apply due to the relatively inexpensive cost of completely replacing parts instead 

of repair them. 

Conclusion 

Capion Studio is a veteran owned company, our UAS pilot has a combined experience 

level of over 15 years of flying fixed wing, rotary wing and remotely controlled 

aircraft. Capion Studio’s petition for exemption demonstrates the appropriate 

safeguards and criteria, including weight, speed, operating capabilities, proximity to 

airports and populated areas, operation within VLOS and national security concerns, that 

Congress expressed in Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA), which will permit safe operation of the DJI S900 and 3DR Solo UAS

commercially, without an airworthiness certificate, for the limited purpose of conducting 

aerial video and photography over certain areas of the United States. By granting this 

petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, 

by allowing Capion Studio to safely, efficiently, and economically operate the DJI S900 

and 3DR Solo UAS commercially within the NAS. Furthermore, structural inspections, 

by their nature, can be difficult and dangerous. These risks can be avoided by using a 

small UAS under controlled conditions preventing possible human injury or death thus it 

is in the public interest to grant these exemptions. 
Thank you for your consideration of our requested exemption, if you have any questions,

or if you require additional information, please do not hesitate to contact me. 

Manufactures instruction manuals are available upon request. 

Respectfully Submitted 

Joseph J Luiz 

Chief Pilot 

Capion Studio 

5 Strawberry lane 

North Dartmouth, MA 02747 

Phone (508)525-5700 

jjluiz@comcast.net