January 2, 2016
U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations form: 14 CFR Part 21; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103 (b); 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) &(b); 14 CFR 91.405 (a); 14 CFR 91,407 (a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b).

To Whom It May Concern:
In pursuantwith section 333 ofthe FAA Modernization and reform Act of2012 and 14 C.F.R. Part 11, I, JeffCaprine, DBA 321 Fish On, an operator ofa small Unmanned Aircraft System (sUAS) herebyapplies for an exemption from the listed Federal Aviation Regulations to allow commercial operations ofit's sUASs, so long as such operators are conducted within and under the conditions outlined herein or as may be established bythe FAA as required by section 333.
As described more fully below, the requested exemption would permitthe operation ofsmall, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is limited, predetermined, controlled as to access and would provide safety enhancements to the already safe operations within commercial use. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "establish requirements for the safe operation ofsuch aircraft system in the national airspace system." Section 333(c) ofthe Reform

### Act."
Information Supporting this Petition as Specified in 14 C.F.R. §11.81 (a) Your name and mailing address and, ifyou wish, other contact information such as a fax number, telephone number, or e-mail address.
The name and address ofthe applicant is: Name: JeffCaprine DBA: 321 Fish On Phone: (714) 595-7903 Email:**_321fisb_pn@sora1rx_.~om** Address: 16751 Moody Cir #A. Huntington Beach, CA 92649(b) The specific section or sections of 14 C.F.R. from which JeffCaprine, DBA 321 Fish On seeks an exemption



### • 14 CFR Part 21 

### • 14 CFR 45.23 (b) 

### • 14 CFR 61.113 (a) & (b) 

### • 14 CFR 61.7 (a) 

### • 14 CFR 91.9 (b) (2) 

### • 14 CFR 91.103 (b) 

### • 14 CFR 91.109 

### • 14 CFR 91.119 

### • 14 CFR 91.121 

### • 14 CFR 91.151 (a) 

### • 14 CFR 91.203 (a) & (b) 

### • 14 CFR 91.405 (a) 

### • 14 CFR 91,407 (a) (1) 

### • 14 CFR 91.409 (a) (2) 

### • 14 CFR 91.417 (a) & (b) (c) The extent ofrelief 321 Fish On seeks, and the reason 321 Fish On seeks the relief, 321 Fish On seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and 91 to the extentto operate small UASs to record aerial video for cinematographic purposes. This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretaryis required to determine which type ofUAS's do not create a hazard to users ofthe NAS or the public orpose a threatto national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator.
Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraftin the national airspace system."
The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authorityby its terms includes exempting civil aircraft, as the term is defined under §40101 oftheAct that includes sUASs, from the requirementthat all civil aircrafthave a current airworthiness certificate.The Administration may grantan exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title iftheAdministrator finds the exemption in the public interest. 49 U.S.C. §44701(t) 

### See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91,203 (a) (1).

14 C.F.R. 21- Subpart HCertification procedures for products andparts, Airworthiness Certificate
JeffCaprine, DBA 321 Fish On, seeks exemption from 14 C.F.R. 21- Subpart H, which states the certification procedures for products and parts as well as airworthiness certificates. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive material or flammable liquid fuels, and operates exclusively within a relatively small-secured area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by the Pilot/"Operator" and the visual observer. These safety enhancements, which already apply to civil aircraft operated to conduct aerial videography and photography services, provide a greater degree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no threatto national securityposed by the UAS, due to its size, speed ofoperation, limited operational area, lack ofexplosive material orflammable liquid fuels, and inabilityto carry a substantial external load.
14 C.F.R. §45.23 (b). Marking ofthe Aircraft
JeffCaprine, DBA 321 Fish On, seeks exemption from 14 C.F.R. §45.23, which discusses the display ofmarks. Specifically, section §45.23 states, "(a) each operator ofan aircraft must display on that aircraft marks consisting ofthe Roman capital letter "N" (denoting United States registration) followed bythe registration number ofthe aircraft. Each suffix letter used in the marks displayed mustalso be a Roman capital letter (b) 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 orprovisionally certified aircraft, the operator must also display on that aircraft near the 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.
JeffCaprine, DBA 321 Fish On, will need exemption from this regulation due to the small size ofthe aircraft and thatthere is no cabin, cockpit, orpilot station for the aircraft. The equivalentlevel ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental."14 C.F.R. §61.113 (a) & (b): Private PilotPrivileges and Limitations: Pilotin Command. JeffCaprine, DBA 321 Fish On, seeks exemption from 14 C.F.R. §61.113, which discusses private pilotprivileges and limitations for the pilotin command (PIC). }effCaprine, DBA 321 Fish On, is seeking exemption from this regulation, because 321 Fish On believes thatthere is inconclusive evidence that a personwith a private pilot certificate can successfully maneuver a sUAS without first hand flight experience with the particular sUAS. In fact, having a private pilot license does not automatically ensure competence at flying a sUAS in 3rct personview as required to properly operate a sUAS with the required line ofsight. The area ofoperation is limited and all flights are planned and coordinated in advance. Therefore, 321 Fish On believes that our own flight training with the sUAS will be more than satisfactory.
14 C.F.R. §91.7(a): Civil AircraftWorthiness. }effCaprine, DBA 321 Fish On, seeks exemption from 14. C.F.R. §91.7(a), which the regulation requires thatno person may operate a civil aircraft unless it is in airworthy condition. As therewill be airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standardwill exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use of safety checklists prior to each flight, an equivalentlevel ofsafety will be provided.
14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. JeffCaprine, DBA 321 Fish On, seeks exemption 14. C.F.R. §91.9 (b) (2), which in section §91.9 (b) (2) provides: No person may operate a U.S. registered civil aircraft... (2) For which an Airplane or Rotorcraft Flight Manual is notrequired by §21.5 ofthis chapter, unless there is available in the aircraft a currentapproved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof.
JeffCaprine, DBA 321 Fish On is seeking exemption from this regulation due to the sUAS size and configuration has no ability or place to carry such a flight manual on the aircraft, not only becausethere is no pilot onboard, butbecause there is no room or capacity to carry such an item on the aircraft.
The equivalentlevel ofsafetywill be maintained by keeping the flight manual atthe ground control pointwhere the "Pilotj"Operator" "flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.14 C.F.R. §91.103- PreflightActions
JeffCaprine, DBA 321 Fish On, is seeking exemption from 14 C.F.R. §91.103, which states that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information mustinclude: (a) For a flight under IFR or a flight notin the vicinity ofan airport, weatherreports and forecast, fuel requirements, alternatives available ifthe planned flight cannotbe completed, and anyknowntraffic delays ofwhich the pilot in command has been advised byATC; actions including reviewing weather, flight battery requirements, landing and takeoffdistances, and aircraft performance data before starting a flight.
JeffCaprine, DBA 321 Fish On will be operating my sUAS in VFR (visual flight rules). 321 Fish On will conductpreflightprocedures directly pertainingto his sUAS Manual, which includes equipment checklist as well as preplanning details regardingweather conditions, review ofany possible flight path ofgeneral aviation, out mission flight path and weather conditions amongst other parameters required to complete the mission.
14 C.F.R. §91.109: Flight Instruction
JeffCaprine, DBA 321 Fish On seeks exemption from 14 C.F.R. §91.109, which discusses flight instruction, simulated instrumentflight, and certain flight tests. Specifically, §91.109 states "(a) No person operate a civil aircraft (except a manned free balloon) thatis being used for flight instruction unless thataircraft has fully functional dual controls.
JeffCaprine, DBA 321 Fish On believes thatthere is inconclusive evidence that a personwith a private pilot certificate orlicense can successfully maneuver or train a personto use an sUAS without first hand flight experience with particular sUAS. Flying 3rct person orientationrequires built-up experience in thatform offlying. Also, the sUAS will be operated by remote control, which will only require a single person operator and dual controls will notbe necessary. 14 C.F.R. §91.119: Minimum Safe Altitudes JeffCaprine, DBA 321 Fish On seeksexemption from 14 C.F.R. §91.119, which discusses minimum safe altitudes. As this exemption is for a sUAS thatis helicopter and the exemption requests authorityto operate at altitudes up to 400 feet AGL, or notmore than 200 feet above an elevated platform from which filming is planned, an exemption maybe needed to allow such operations. As setforth herein, except for the limited conditions stated in the Manual, the sUAS will never operatehigher that400 feet AGL. It will however be operated in a restricted areawith security perimeter, where buildings and people will notbe exposed to operations without their pre-obtained consent.The equivalentlevel ofsafetywill be achieved given the size, weight, and speed, of the UAS as well as the location where itis operated. No flight will betaken without the permission ofthe propertyowner orthe local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations as setforth in the Manual. Compared to flight operations with aircraft or rotorcraftweighting for more thatthe maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less thanthose presently presented with conventional aircraft operating at orbelow 500 feet AGL in the movie industry. In addition, the low -altitude operations ofthe sUAS will ensure separationbetweenthese smallVAS operations and the operations ofconventional aircraftthat must comply with Section §91.199.

14 C.F.R. §91.121- Altimeter Settings JeffCaprine, DBA 321 Fish On seeks exemption from 14 C.F.R. §91.121, which discusses altimeter settings for lowest usable flight level. This regulation requires each person operating an aircraft to maintain cruising altitude byreference to an altimeter thatis set

..."to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS maynothave a barometric altimeter, butinstead a GPS altitude readout, an exemption maybe needed. An equivalentlevel ofsafetywill be achieved bythe Pilotj"Operator", pursuantto the safety checklist and live fight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.
14 C.F.R. §91.151- Fuel Requirements for flights in Visual Flights Rules (VFR) Conditions JeffCaprine, DBA 321 Fish On, seeks exemption from 14 C.F.R. §91.151, which discusses fuel requirements for flight VFR conditions. Specifically, 19.151 states "(a) No person maybegin a flight in an airplane underVFR conditions unless (consideringwind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly after thatfor atleast 30 minutes; or (2) At night, to fly after thatfor at least45 minutes. (b) No person may begin a flight in a rotorcraftunderVFR condition unless (consideringwindand forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly afterthatfor atleast 20 minutes.
321 Fish On sUAS operates on a batterythatprovides less than 30 minutes of powered flight. To meetthe 30 minute reserve required in 14 C.F.R. §91.151, sUAS flights would be limited to approximately 15 minutes in length. Given the limitations on the sUAS's proposed flight area and the location ofits proposed operations with a predetermined area, a longer timeframe for flight in daylight ortwilightVFR conditions is reasonable.321 Fish On believes am equivalentlevel ofsafetywill be achieved bylimiting flights to 15 minutes or 20% ofbatterypower- whichever comes first. This restriction would be more than adequate to returnthe sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,10673, and 10808.
14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
JeffCaprine, DBA 321 Fish On, seeks exemption from 14 C.F.R. §91,203 (a) (b), which states (a) No person may operate a civil aircraft unless ithas within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed t the cabin cockpit or cockpit entrance so thatitis legible to passengers or crew. The sUAS fully loaded weighs less than 55 lbs. and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents orto display them on the sUAS.
An equivalentlevel ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the Pilotj"Operator" flying the sUAS will have immediate access to the documents, to the extentthey are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. Arepresentative sample ofother exception includes Exemptions Nos. 9565, 9665, 9789, 9789A, 9797,9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a), §91.407 (a) (1), §91.409 (a), and §91.717 (a) & (b): Maintenance Inspections
JeffCaprine, DBA 321 Fish On, seeks exemption from the 14 C.F.R. §91.405 (a), §91.407 (a) (1), §91.409 (a), and §91.717 (a) & (b), which discusses required aircraft maintenance, operation after maintenance, preventive maintenance, rebuilding, or alteration, inspections, and maintenance records. 321 Fish On believes these regulations are meantfor manned operated aircrafts with an airworthiness certificate and notfor sUAS, therefore making them unnecessary. Maintenance will be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalentlevel ofsafetywill be achieved because the sUAS is very limited in size and will carry a small payload and operate only in limited areas for shortperiods oftime. Ifmechanical issues arise, the sUAS can land immediately and will be operating from no higher than 500 feet AGL. The Pilot/"Operator" will ensure thatthe sUAS is in working orderprior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed.



# ----------------------

# ..........Moreover, the Pilot/"Operator" is the person mostfamiliar with the aircraftand is best suited to maintain the aircraftin an airworthy condition to provide the equivalentlevel ofsafety. An equivalentlevel ofsafetywill be achieved because maintenance and inspections will be performed in accordance with the sUAS manufacturer's manual, as referenced in theAircraft Operations Manual. As provided in the Operations Manual, the Pilotj"Operator" will ensurethatthe sUAS is in working order priorto initiating flight and perform required maintenance needed.

Summary
Pursuantto 14 C.F.R. part 11, the following summaryis provided for publication in the Federal Register, should itbe determined thatpublication is needed: 14 CFR Part 21, 14 CFR §45.23 (b), 14 CFR §61.113 (a) &(b), 14 CFR §91.9 (b) (2), 14 CFR §91.103 (b), 14 CFR §91.109, 14 CFR §91.119, 14 CFR §91.121, 14 CFR §91.151 (a), 14 CFR §91.203 (a) & (b), 14 CFR §91.405 (a), 14 CFR §91,407 (a) (1), 14 CFR §91.409 (a) (2), 14 CFR §91.417 (a)& (b) to commercially operate a small unmanned vehicle (55lbs. orless) equipped to conduct aerial videography and photography services. Approval ofexemptions allowing commercial operations ofsUAS to conduct aerial videography and photography services will enhance safety by reducing risk. Conventional photographyoperations, usingjetor piston powered aircraft, at extremelylow altitudes, often very close to the subjectbeing filmed and in close proximity to people and structures; and presentthe risks associated with vehicles thatexceed 3,000 lbs., carrying large amounts offuel. In contrast, a sUAS weighing fewer than 55 lbs. and powered bybatteries eliminate virtually all ofthatrisk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried to the location. The sUAS will carryno passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation ofsmall sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will provide an equivalentlevel ofsafety supportinghe granting ofthe exemptions requested herein, including the applicant from the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground butunder 500 feet AGL, and within a limited are and, as a result, are far safer than conventional flight operations conducted with turbine helicopters operating in close proximityto the ground and people. Privacy
All flights will occur over private or controlled access propertywith the property representative or owner's prior consentand knowledge. Filming will be ofpeople

# .......______________

who have also consented to being filmed or otherwisehave agreed to be in the area where filming will take place.
All flight will occur in accordance with any state orlocal laws regardingprivacy.
Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act od 2012-size, weight, speed, operating capabilities, proximityto airports and populated area and operation within visual line ofsight and national security- provided more than adequatejustification for the granting ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in the aerial videography and photography services industry.
UASs Specifications
Aircraft make- DJI Aircraft Model- INSPIRE 1 Aircraft Type- Multi-Rotor Rotorcraft UASs Aircraft Weight (Battery Included) 2935 g (6.47lbs.)
Further information can be located in the DJI INSPIRE aircraft manual(s). http:/ jwww.dji.comjproduct/inspire-1/info#specs

Respectfully submitted,

JeffCaprine Vice President 321 Fish On