January 2, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

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 pursuant with section 333 of the FAA Modernization and reform Act of 2012 and 

14 C.F.R. Part 11, I, JeffCaprine, DBA 321 Fish On, an operator of a small Unmanned 

Aircraft System (sUAS) hereby applies for an exemption from the listed Federal 

Aviation Regulations to allow commercial operations of it's sUASs, so long as such 

operators are conducted within and under the conditions outlined herein or as may 

be established by the FAA as required by section 333. 

As described more fully below, the requested exemption would permit the 

operation of small, 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 of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to 

"establish requirements for the safe operation of such aircraft system in the national 

airspace system." Section 333(c) of the Reform Act." 

Information Supporting this Petition as Specified in 14 C.F.R. §11.81 

(a) Your name and mailing address and, if you wish, other contact information such 

as a fax number, telephone number, or e-mail address. 

The name and address of the applicant is: 

Name: Jeff Caprine 

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 Jeff Caprine, 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 of relief 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 extent to 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) of the 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 of the 

rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which type of UAS's do not 

create a hazard to users of the NAS or the public or pose a threat to national security 

in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "may 

operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system." 

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, 

as the term is defined under §40101 of the Act that includes sUASs, from the 

requirement that all civil aircraft have a current airworthiness certificate. 
The Administration may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 

of this title if the Administrator 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 H Certification procedures for products and parts, 

Airworthiness Certificate 

Jeff Caprine, 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 under this 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 of safety to the 

public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no threat to national 

security posed by the UAS, due to its size, speed of operation, limited operational 

area, lack of explosive material or flammable liquid fuels, and inability to carry a 

substantial external load. 

14 C.F.R. §45.23 (b). Marking of the Aircraft 

Jeff Caprine, DBA 321 Fish On, seeks exemption from 14 C.F.R. §45.23, which 

discusses the display of marks. Specifically, section §45.23 states, "(a) each operator 

of an aircraft must display on that aircraft marks consisting of the Roman capital 

letter "N" (denoting United States registration) followed by the registration number 

of the aircraft. Each suffix letter used in the marks displayed must also 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 or provisionally 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. 

Jeff Caprine, DBA 321 Fish On, will need exemption from this regulation due to the 

small size of the aircraft and that there is no cabin, cockpit, or pilot station for the 

aircraft. The equivalent level of safety will 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 of the UAS as "Experimental." 
14 C.F.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in 

Command. 

JeffCaprine, DBA 321 Fish On, seeks exemption from 14 C.F.R. §61.113, which 

discusses private pilot privileges and limitations for the pilot in command (PIC). 

}effCaprine, DBA 321 Fish On, is seeking exemption from this regulation, because 

321 Fish On believes that there is inconclusive evidence that a person with 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 person view as required to 

properly operate a sUAS with the required line of sight. The area of operation 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 Aircraft Worthiness. 

}effCaprine, DBA 321 Fish On, seeks exemption from 14. C.F.R. §91.7(a), which the 

regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft for maintenance and use of 

safety checklists prior to each flight, an equivalent level of safety 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 not required by 

§21.5 of this chapter, 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. 

Jeff Caprine, 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 because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where 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, 

10167 A, 10602, 32827, and 10700. 
14 C.F.R. §91.103- Preflight Actions 

Jeff Caprine, 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 must include: 

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports 

and forecast, fuel requirements, alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the pilot in command has been 

advised by ATC; actions including reviewing weather, flight battery requirements, 

landing and takeoff distances, and aircraft performance data before starting a flight. 

Jeff Caprine, DBA 321 Fish On will be operating my sUAS in VFR (visual flight rules). 

321 Fish On will conduct preflight procedures directly pertaining to his sUAS 

Manual, which includes equipment checklist as well as preplanning details 

regarding weather conditions, review of any possible flight path of general aviation, 

out mission flight path and weather conditions amongst other parameters required 

to complete the mission. 

14 C.F.R. §91.109: Flight Instruction 

Jeff Caprine, DBA 321 Fish On seeks exemption from 14 C.F.R. §91.109, which 

discusses flight instruction, simulated instrument flight, and certain flight tests. 

Specifically, §91.109 states "(a) No person operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functional dual controls. 

Jeff Caprine, DBA 321 Fish On believes that there is inconclusive evidence that a 

person with a private pilot certificate or license can successfully maneuver or train a 

person to use an sUAS without first hand flight experience with particular sUAS. 

Flying 3rct person orientation requires built-up experience in that form of flying. 

Also, the sUAS will be operated by remote control, which will only require a single 

person operator and dual controls will not be 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 that is helicopter 

and the exemption requests authority to operate at altitudes up to 400 feet AGL, or 

not more than 200 feet above an elevated platform from which filming is planned, 

an exemption may be needed to allow such operations. As set forth herein, except 

for the limited conditions stated in the Manual, the sUAS will never operate higher 

that 400 feet AGL. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without 

their pre-obtained consent. 
The equivalent level of safety will be achieved given the size, weight, and speed, of 

the UAS as well as the location where it is operated. No flight will be taken without 

the permission of the property owner or the local officials. Because of the advance 

notice to the property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations as set forth in the Manual. 

Compared to flight operations with aircraft or rotorcraft weighting for more that the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated 

with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 feet AGL in the movie industry. In addition, the 

low -altitude operations of the sUAS will ensure separation between these smallVAS operations and the operations of conventional aircraft that 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 by reference to an 

altimeter that is set ... "to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the sUAS may not have a 

barometric altimeter, but instead a GPS altitude readout, an exemption may be 

needed. An equivalent level of safety will be achieved by the Pilotj"Operator", 

pursuant to the safety checklist and live fight data monitoring, confirming the 

altitude of the 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 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; or (2) At night, to fly after that for at 

least 45 minutes. (b) No person may begin a flight in a rotorcraft under VFR 

condition 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, to fly after that for at least 20 minutes. 

321 Fish On sUAS operates on a battery that provides less than 30 minutes of 

powered flight. To meet the 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 of its proposed operations with a 

predetermined area, a longer timeframe for flight in daylight or twilight VFR 

conditions is reasonable. 
321 Fish On believes am equivalent level of safety will be achieved by limiting flights 

to 15 minutes or 20% of battery power- whichever comes first. This restriction 

would be more than adequate to return the 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. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration 

Jeff Caprine, 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 it has within it the 

following: (1) An appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91. 715 is displayed t the cabin cockpit or cockpit entrance so that it is legible 

to passengers or crew. 

The sUAS fully loaded weighs less than 55 lbs. and is operated without an on board 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the Pilotj"Operator" flying the sUAS will have 

immediate access to the documents, to the extent they are applicable to the sUAS. 

The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exception includes Exemptions Nos. 9565, 9665, 9789, 9789A, 

9797,9797 A, 9816A, and 10700. 

14 C.F.R. §91.405 (a), §91.407 (a) (1), §91.409 (a), and §91.717 (a) & (b): 

Maintenance Inspections 

Jeff Caprine, 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 meant for manned operated aircrafts with an 

airworthiness certificate and not for sUAS, therefore making them unnecessary. 

Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because the sUAS 

is very limited in size and will carry a small payload and operate only in limited 

areas for short periods of time. If mechanical issues arise, the sUAS can land 

immediately and will be operating from no higher than 500 feet AGL. The 

Pilot/" Operator" will ensure that the sUAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 
Moreover, the Pilot/" Operator" is the person most familiar with the aircraft and is 

best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the sUAS 

manufacturer's manual, as referenced in the Aircraft Operations Manual. As 

provided in the Operations Manual, the Pilotj"Operator" will ensure that the sUAS is 

in working order prior to initiating flight and perform required maintenance 

needed. 

Summary 

Pursuant to 14 C.F.R. part 11, the following summary is provided for publication in 

the Federal Register, should it be determined that publication 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. or less) equipped to conduct aerial videography and 

photography services. 

Approval of exemptions allowing commercial operations of sUAS to conduct aerial 

videography and photography services will enhance safety by reducing risk. 

Conventional photography operations, using jet or piston powered aircraft, at 

extremely low altitudes, often very close to the subject being filmed and in close 

proximity to people and structures; and present the risks associated with vehicles 

that exceed 3,000 lbs., carrying large amounts of fuel. In contrast, a sUAS weighing 

fewer than 55 lbs. and powered by batteries eliminate virtually all of that risk given 

the reduced mass and lack of combustible fuel carried on board. The sUAS is carried 

to the location. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. 

The operation of small sUASs, weighing less than 55 lbs., conducted in the 

conditions outlined above, will provide an equivalent level of safety supporting he 

granting of the exemptions requested herein, including the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground but under 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 proximity to the ground and 

people. 

Privacy 

All flights will occur over private or controlled access property with the property 

representative or owner's prior consent and knowledge. Filming will be of people 
who have also consented to being filmed or otherwise have agreed to be in the area 

where filming will take place. 

All flight will occur in accordance with any state or local laws regarding privacy. 

Satisfaction of the criteria provided in Section 333 of the Reform Act od 2012-size, 

weight, speed, operating capabilities, proximity to airports and populated area and 

operation within visual line of sight and national security- provided more than 

adequate justification for the granting of the requested exemptions allowing 

commercial operation of applicant'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, 

Jeff Caprine 

Vice President 

321 Fish On