March 5, 2016

Joseph J Luiz Capion Studio 5 Strawberry

L ane North Dartmouth, MA 02747 United States Department of Transportation Docket Management Sy stem 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 201 2 and 14 C.F.R. Part 11, Capion Studio , operator of Sm all Unmanned Aircraft Sy stems (UAS) , hereb y applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow c ommercial operation of its UAS , so long as such operations are conducte d within and under the conditions outlined herein or as may be established b y the Federal Aviation Administration (FAA) as required b y Section 333. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would op erate in the following manner:
1. Aerial photograph y 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 fee d to assist with search and rescue operations in cases of an emergency or natural disaster onl y when the local authorities or government has requested it b y contract or donation.
3. Aerial video and/or photograph y for public and/or private use including tel evision, public events, cinematograph y and news gathering.
4. Aerial inspection/photograph y of residential/commercial utility infrastructure including but not limited to electrical power lines, w ind turbines and cell towers ( UAS can reduce the need for a p erson 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/orpublic organizations that have interests in the safe us e and operation of a UAS.

BACKGROUND Unmanned Aircraft Sy s tems: DJIS900 and 3DR SOLO UAS Capion Studio seeks an exemption to operate DJI sy stems for compensation or hire within the NAS. The DJ I S900 and 3DR SOL O are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ys t ems. The The DJ I 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 m aximum speed of approximately 52 knots. The 3DR SOL O 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 m aximum speed of approximately 47 knots. The DJ I S900 U AS is equipped with six main rotors; and the 3DR SOL O is equipped with four rotors driven b y Lithium Poly mer battery

po wered electric motors.
B oth UAS that will be operated b y 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, Identi fication and Registration Marking. Specificall y, 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 D JI 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 th e form of full color, high definition still photos and video;

− An on

- board telemetry

sy stem that delivers flight data from the on

- board flight computer to the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direct ion of flight and direction back to its launch site;

− A 500mW, 2.4 GHz on

- board radio transmitter that transmits live video from the on

board camera plus all the flight data from the telemetry s ys tem described above; The Ground Station Includes:

− A Pilot in Command (PI C) 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 PI C to view during flight;

− A Visual Observer (VO)BASI S 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 20 12 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Sy stems, hereby

petition the Administrator to commercially operate the DJ I and 3DR UAS ’s in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 2 1 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 DJ I S900 and 3DR Sol o 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. Accordingl y, Capi on 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 appl y to aircraft with an airworthiness certificate. Capion Studio submits that the requested relief is proper since an equivalent level of safet y will be ensur ed. 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 Lo g, and DJI I nstruction Manuals. Furthermore, Capion Studio will document and maintain all maintenance records for the DJI and 3DR UAS ’s

. Capion Studio submits tha t 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 display ed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraf t, 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 ty pe or different designation could be used. Capion Studio seeks r elief from certain requirements of Secti on 61.113(a) and (b), entitled p rivate pil ot 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 i s able to s afel y 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 UA S will not have a typical barometric altimeteronboard. However, altitude information of the UA S will be provided to the PI C via

Global Positioning Sy stem (GPS) equipment and radio communications tele metry data link, which downlinks from the UA S to the GCS for active monitoring of the flight path. This altitude information, combined with operation of the UA S within visual line of sight, at or below 400 feet AGL , will ensure a level of safet y 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 UA S 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 fl y 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 follo wed, 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 sy stems 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 attent ion 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.
Haz ards Spotter: To en sure 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 safet y, all non

- essential personnel will be removed from the are a. There will be no flight over heavil y 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) safet y, 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 wil dlife flights

will be conducted in optimal weather conditions. Flights will not be conducted in winds above 20 mph.
Return

- to

- Hom e Feature: In the event the UA S 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 fl yi ng 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 alway s be within the line of site of the pilot and spotte r. 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 regu lations regarding UAS commercial usage. The Pilot in command will have sufficient ey e 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 w ill 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) prescrib es 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 propert y for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraf t. (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 onl y incidental to that business or employment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. The UAS is not capable of carr yi ng 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 andoperation. 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 PI C 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 an y combination thereof. Supplemental materials will include equipment and flight manuals iss ued 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 thoroughl y 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 full y functioning dual controls. The sy stem 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, excep t when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) An ywh ere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or propert y on the surface. (b) Over congested areas. Over an y congested area of a cit y, town, or settlement, or over an y 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 an y person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or propert y 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 oper ating 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 sectio n. Due to altitude limitations and the desire to avoid passenger carrying aircraft it is requested to maintain a maximum ceiling of 400’ with ty

pical heights being below that dependent on angles and shots for photographic use. Section 91.405(a) requires, i n 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 repaire d as prescribed in part 43 of the chapter. As there are no current maintenance requirements for UAS of this ty pe it is not possible to meet this requirement at this time. Section 91.121 requires, in pertinent part, each personoperating an aircraft to mai ntain 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 sy stem 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 un der 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 w ill operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery remains. All UAS are additionall y equipped with a low battery failsafe that allow the UAS to safel y land when little battery remains. The UAS are not propelled by fuel and will operate onl y within the safet y constraints of the UAS battery life Section 91.203(a) prohibits, in pertinent part, an y 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 display ed at the cabin or cockpit entrance so that it is legible to passengers or crew. Section 91.407(a)(1) prohibits, in pertinent part, an y 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 9 1.409(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 currentl y 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, progress ive, 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 b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y directive involves recurring a ction, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 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 op erator 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 ye ar 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 s ys tem. Maintenance record s may not appl y due to the relativel y inexpensive cost of completely replacing parts instead of repair them. Conclusion Capion Studio is a veter an owned compan y, our UAS pilot has a combined experience level of over 15 y ears of flying fixed wing , rotary wing and remotel y controlled aircraft. Capion Studio’s p etition for exemption demonstrates the appropriate safeguards and criteria, including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and natio nal securit y concerns, that Congress expressed in Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit saf e operation of the DJIS900 and 3DR Solo UAS commerciall y, without an airworthiness certificate, for the limited purp ose of conducting aerial video and photography over certain areas of the United States. By granting this p etition, 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 econom icall y operate the DJ I S900 and 3DR Solo UAS commerciall y 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 y ou for y our consideration of our requested exempti on , if you have any questions, or if y ou 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 D artmouth , MA 02747 Phone (508)525

- 5700 jjluiz @comcast.net