Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

1

March 4, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Subject Matter:

Exemption Request; Section 333 of the FAA Modernization & Reform Act

and Part 11 of the Federal Aviation Regulations from ;14 CFR 61.113 (a) & (b); 91.7 (a); 

; 91.119 (c); 91.121; 91.151 (a)(1); 91.405 (a); 91.407(a) (1 ); 91.409 (a) (2); 91.417 (a) & 

(b).

To whom it may concern:

In accordance with Section 333 of the Federal Aviation Administration (FAA) 

Modernization and Reform Act of 2012, Capstone Aviation Corporation respectfully petitions 

the Secretary of Transportation and the Federal Aviation Administration for an exemption of 

the above mentioned Federal Aviation Regulations, for the purpose of business operations 

of small-unmanned aerial systems (UAS). Furthermore, the details of this petition will 

describe in a more detail the manner in which Capstone Aviation Corporation is seeking the

exemption request.

A. Summary of the Petition

Capstone Aviation Corporation formally requests exemption from the following 

Federal Aviation Regulations (FARs) that are found under Title 14 of the Code of Federal 

Regulations (CFR): 14 CFR 61.113 (a) & (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a)(1); 

91.405 (a); 91.407(a) (1 ); 91.409 (a) (2); 91.417 (a) & (b). Capstone Aviation seeks 

approval and exemption from the above listed CFRs to operate the DJI Phantom 2 Vision+ 

for the purpose of providing high resolution aerial imagery for compensation/hire to

companies and individuals. The operation of the DJI Phantom 2 Vision+ by Capstone 

Aviation Corporation will abide by all manufacturer approved operation limitations, Advisory 

Circular 91-57, other limitations stated in this document, and all recommendations by the 

FAA and other government agencies.

B. Petition for Exemption

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

and 14 CFR Part 11, Capstone Aviation Corporation, operator of small unmanned aerial 

systems, conducting aerial photography/ aerial inspection for business purposes over the 

following areas; (1) over land, waterways, and oceans; (2) operation over and/or in 

nonrestricted National Parks, National Forests, and non-navigable airspace using 

nonintrusive recording devices; and (3) operation in otherwise unrestricted U.S. States and 

Territories. All proposed operations would be conducted under controlled conditions in 

airspace that is: (1) limited, (2) predetermined, and (3) access controlled. Capstone 
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

2

Aviation using commercial grade photography/ remote sensing imaging devices, is formally 

requesting for exemption to the above mentioned Federal Aviation Regulations for

commercial operation of its unmanned aerial system in accordance with limitations 

described within this document or as established by the Federal Aviation Administration 

required by Section 333.

Capstone Aviation Corporation is requesting exemption that would allow the 

operation of their UAS for aerial photography and inspection limited, predetermined and 

access controlled airspace. The use of aerial photography by small unmanned aerial 

systems/vehicles will improve aviation safety by reducing the hazard of low flying manned

aerial photography in traditional small aircraft as well as increase the capacity of National 

Airspace System by allowing aerial photography to be conducted without utilization of 

limited airport/airspace resources. 

If the exemption is approved, Capstone Aviation Corporation would enhance safety 

and meet the requirement of the Secretary of Transportations responsibilities described in 

Section 333(c) of the FAA Modernization and Reform Act of 2012.

C. Name and Address of the Petitioner

Capstone Aviation Corporation

Attn: Paul Capistrant

Ph: 775-450-6366

Email: pcapistrant@capstoneaviation.com

Address: 790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563

D. Petitioner Petitions for Exemption of the Following Regulations

 14 CFR 91.405 (a)

 14 C.F.R. 91.119 (c)

 14 CFR 407 (a) (1)

 14 CFR 61.113 (a) & (b) 

 14 C.F.R. 91.121 

 14 CFR 409 (a) (2)

 14 C.F.R. 91.7 (a) 

 14 CFR 91.151 (a) 

 14 CFR 417 (a) & (b)

Capstone Aviation Corporation operates unmanned aerial systems that are multirotorcraft equipped with precision flight and stable hovering, radar positioning, return home, 

onscreen real-time flight parameters, on-board NAZA computer stabilization controller and 

GPS, the UAS will weigh less than 55 lbs or less and most typically include

camera/payload. Normal UAS operations are conducted at speeds well below 100 KIAS 

utilizing the functions of rotorcraft; it has the ability to hover. Capstone Aviation Corporation

will only operate in line of sight and will operate in airspace described in this document or as 
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

3

specified by the FAA. All UAS operations will be vetted by Capstone Aviation Corporation

operator/ qualified personnel to confirm that there are no hazards to users of the National 

Airspace System or innocent bystanders or general public.

E. How the request benefits the public as a whole

Capstone Aviation Corporation believes that the safe, limited, and controlled 

operations of its unmanned aerial systems (UAS) described in this document will meet and

exceed the strict safety and security standards of the FAA and/or national security issues. 

Moreover, Capstone Aviation Corporation believes that the utilization of UAS described in 

this document will benefit the public as a whole in five ways; 

1) Capstone Aviation Corporation’s continued commitment to keep the highest level 

of safety during its UAS operations and set industry standards for safe UAS 

operations for future operators;

2) Reduce the risk to life and property;

3) Reducing National Airspace System (NAS) congestion through utilization of small 

(less than 55lbs.) UAS instead of conventional aircraft during aerial photography/ 

inspection operations.

4) Reducing noise and air pollution created by conventional fixed wing/rotor wing

aircraft, and 

5) Increase aerial photography/inspection industry economic growth.

Capstone Aviation Corporation’s utilization of UAS (DJI Phantom 2 Vision +) for the 

purposes of aerial photography/ inspection will be a leader in using and setting industry best 

practices for safe UAS operations in the NAS. Additionally, utilization of UAS will reduce the 

risk to life and property by limiting the use of conventional aircraft such as fixed-wing and 

rotor-wing aircraft with weights in excess of 1000lbs and carrying hundreds of gallons of 

flammable fuels flying at low altitudes. The UAS described in this document is less than 55 

lbs, carries a small battery as a power source and can effectively do the same job as 

conventional aircraft with reduced likelihood and severity of risk. Moreover, the utilization of 

UAS will reduce UAS congestion by reduced usage of conventional aircraft requiring access 

to UAS. An additional benefit will be reductions in noise and air pollution from conventional 

aircraft by utilization of small UAS using batteries as the main source of power instead of 

fossil fuels used by conventional aircraft. Finally, the utilization of UAS for aerial 

photography/ inspection will allow for positive economic growth in the aerial 

photography/inspection industry, as well as peripheral industries that rely on aerial 

photography/ inspection, i.e., building construction, real estate, and inspection services. 

 

F. Limitations and Conditions

Capstone Aviation Corporation will describe in this document the proposed

limitations and conditions of its UAS operations. These operations and conditions are 

intended to provide safe operations up and beyond current regulatory framework that apply 

to similar operations. Moreover, the limitations and conditions described below, Capstone 
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

4

Aviation Corporation will accept to be held accountable when conducting 

business/commercial UAS operations from the FAA issued exemption: 

1. The UAS maximum take-off weight (MTOW) will be less than 55 lbs. Capstone 

Aviation Corporation will be operating:

I. DJI Phantom DJI Phantom 2 Vision + v3.0

II. Other DJI manufactured UAS

2. The pilot in command (PIC) of the UAS will possess at least a private pilot 

certificate and at least a current third-class medical. The PIC will also meet the 

flight review requirements specified in 14 CFR 61.56 in an aircraft in which the 

PIC is rated on their pilot certificate.

3. Operator PIC qualifications criteria and demonstrated ability to operate UAS

I. Completed initial and or recurrent training prior to UAS operations. Follow 

training guidance in accordance with manufacturer. 

II. All training will be documented and recorded

III. PIC will demonstrate evasive and emergency maneuvers

IV. Maintaining appropriate distances from persons, vessels, vehicles, and 

structures as per FAA regulations

V. PIC qualification flight hours will be logged in a manner consistent with 14 

CFR 61.51.

4. The Visual Observer (VO) qualifications and demonstrated ability

I. Completed initial training prior to UAS operations

II. All training will be documented and recorded

5. Training operations for PIC and VO (training, proficiency, and experience 

building) will only be conducted during dedicated training sessions. During 

training, proficiency, and experience building flights, all persons not essential for 

flight operations will be considered nonparticipants, and the PIC will operate the 

UAS with appropriate distance from nonparticipants in accordance with 14 CFR 

91.119.

6. All UAS operations will remain below 400 feet above ground level. UAS 

operations will utilize no less than two qualified people. The first person will be 

operator of the UAS flight controls “pilot in command” (PIC). The second person, 

visual observer (VO), will be used to assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and will not 

permitted to operate the UAS camera or other instruments.

7. The UAS will be operated within the line of sight (LOS) of the PIC at all times.

The PIC will be able to use human vision unaided by any device other than 

corrective lenses. The PIC will have an FAA-issued airman medial certificate. 

First person view (FPV) will not be used by the PIC or visual observer (VO). The 

UAS will not be operated by the PIC from any moving device or vehicle.
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

5

8. UAS operations will not be permitted unless there is enough power to fly to the

UAS to the intended landing point at a normal cruise speed and land the UAS 

with 30% battery power remaining.

9. The PIC will be designated before flight and will not transfer controls for the 

duration of flight. The PIC will ensure that the VO can perform all of their 

essential functions. All operations will utilize a VO. The VO will not perform any 

other duties beyond assisting the PIC with seeing and avoiding other air traffic 

and other ground based obstacles/obstructions and is not permitted to operate 

the camera or other instruments. The UAS will remain clear and yield the right of 

way to all manned aviation operations at all times

10. Pre-flight operations will include the use of the Openpilot Preflight Checklist. 

Additionally, prior to each flight the PIC will conduct and preflight inspection of 

the UAS and Ground Control Station to ensure it’s in a condition for safe flight. All 

discrepancies found during the preflight inspection will prohibit flight operations 

until the necessary maintenance has been performed and the UAS is found to be 

in a condition for safe flight. All discrepancies, maintenance, alterations will be 

properly documented in the aircraft records.

11. If the UAS has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics there will be a functional flight test by the PIC 

and the PIC will make and entry in the aircraft records. All maintenance will follow 

the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limited requirements. 

12. Each UAS will comply with all manufacturers Safety Bulletins.

13. The operator will carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the manufacturers operating documents. All 

Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service.

14. Authorized persons will make entry in the aircraft record of corrective action 

taken against discrepancies discovered between inspections.

15. The UAS will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s Certificate 

of Waiver. All UAS operations will not be operated less than 500 feet below or 

less than 2000 feet horizontally from a cloud or when visibility is less than 3 

statute miles from the PIC. Controlled airspace will be utilized with prior 

permission from Air Traffic Control or the Federal Aviation Administration. At all 
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

6

times, in all situations, without exception, the PIC will maintain visual line of sight 

with the UAS.

16. The UAS will not be operated over congested or densely populated areas.

17. The UAS will remain clear and yield the right of way to all manned aviation 

operations at all times. The UAS will not be flown at an indicated airspeed 

exceeding 30 knots.

18. All operating documents will be accessible during UAS operations. Capstone 

Aviation Corporation may update or revise operating documents, however; it will 

track revisions and present updated revised documents the administrator upon 

request.

19. All documents required under 14 CFR 91.9 and 91.203 will be available to the 

PIC at the Ground Control Station of the UAS any time the UAS is operating. 

These documents will be made available to the Administrator or any law 

enforcement official upon request.

20. Prior to all UAS flight operations, the pilot in command will conduct a visual 

inspection of the property and attempt to inform all persons on the property of the 

UAS operations. Flight operation will be conducted at least 500 feet from all 

nonparticipating persons (persons other than the PIC, VO, operator trainees or 

essential persons), vessels, vehicles and structures unless:

I. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator will ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations will cease 

immediately and/or;

II. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and;

III. Operations nearer to the PIC, VO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a). 

21. The PIC of the UAS and VO involved with each UAS flight operation will have 

received initial training, and recurrent training on a periodic basis to keep up-todate on, applicable government regulations, airspace regulations, manufacturer 

updates, and other information regarding UAS operations in the NAS.
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

7

22. The PIC and VO will be able to verbally communicate at all times. Electronic 

messaging or texting will not be permitted during flight operations.

23. If the UAS loses communications or loses its GPS signal, it will return to a predetermined location with the planned operating area and land or be recovered in 

accordance with the operating documents.

24. The PIC will abort the flight in the event of unpredicted obstacles or emergencies

25. The visual observer will carry and utilize fire extinguishing equipment in case of 

an emergency.

26. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. 

All operations will be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized. 

27. UAS operations will be identified by serial number, registered in accordance with 

14 CFR part 47, and identification (N-Number) marking in accordance with 14 

CFR part 45, Subpart C. The markings will be a large as practical.

28. UAS operations, if required by controlled airspace, will request a Notice to 

Airman (NOTAM) no more than 72 hours in advance, but not less than 48 hours 

prior to the operation.

29. All UAS operations will comply with Federal Communications Commission or 

other appropriate government oversight agency requirements

30. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

31. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents 

will be reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov. 

32. Unless otherwise specified the UAS, the UAS PIC, and the UAS operations will 

comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 

47, 61, and 91.
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

8

G. Specific Sections of 14 CFR from which Capstone Aviation Corporation Seeks

Exemption

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Operator.

The proposed UAS operations by Capstone Aviation Corporation (CAC) would employ a

Pilot in Command that holds a least a Private Pilot certificate and current third-class medical 

certificate. All UAS PICs will go through a CAC ground school and flight lessons in accordance 

with manufactures and industry guidance prior to operations. All CAC PIC’s will only operate the 

UAS as stated in this document and/or as recommended by the FAA. All CAC UAS operations

will be controlled and limited, all flights will be coordinated ahead of time. CAC feels that the 

level of safety will be equivalent or in excess that of a commercial pilot operations. CAC’s 

objective is to safety operate UAS in a controlled manner at a reduced risk level that would not 

require a commercial pilot certificate.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

Capstone Aviation Corporation would like to request and exemption to operate their UAS 

without an airworthiness certificate. Instead, CAC will verify the airworthiness of the UAS prior to 

each flight to ensure that the UAS is airworthy prior to each and every flight. All record keeping 

of maintenance actions will be documented in the same manner as a conventional aircraft.

In order to meet or exceed level of safety as described in 14 C.F.R. §91.7(a, Capstone 

Aviation Corporation operations will include: 

Pre-flight operations: prior to each flight the PIC will conduct and preflight inspection of 

the UAS and Ground Control Station to ensure it’s in a condition for safe flight. All discrepancies 

found during the preflight inspection will prohibit flight operations until the necessary 

maintenance has been performed and the UAS is found to be in a condition for safe flight. All 

discrepancies, maintenance, alterations will be properly documented in the aircraft records.

If the UAS has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics there will be a functional flight test by the PIC and the PIC will make and 

entry in the aircraft records. All maintenance will follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limited 

requirements. 

Each UAS will comply with all manufacturers Safety Bulletins.

The operator will carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the manufacturers operating documents. All Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts must be noted in 

the aircraft records, including total time in service, description of work accomplished, and the 

signature of the authorized person returning the UAS to service.

Authorized persons will make entry in the aircraft record of corrective action taken 

against discrepancies discovered between inspections.
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

9

14 C.F.R. §91.119 (c) : Minimum safe altitudes

CAC would like to request an exemption to 91.119 paragraph (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. 

All flights will be conducted with within visual line of sight and with prior permission 

from the owner of the property or local municipality. Additionally, all persons, vessels, 

vehicles, not directly involved with the operation will be notified and cleared of the area 

where the proposed UAS operations will be conducted. The advance notice and access 

restricted area will maintain an equivalent level of safety of that described in 14 C.F.R. 

§91.119 (c) : Minimum safe altitudes.

14 C.F.R. §91.121 Altimeter Settings

CAC is requesting an exemption from 14 CFR 91.121 requiring each person 

operating an aircraft shall maintain the cruising altitude by reference to an altimeter that is 

se when operating below 18,000 feet mean sea level to the elevation of the departure 

airport or an appropriate altimeter setting available before departure. 

To meet the equivalent level of safety, the UAS operated by CAC has GPS altitude 

readout instead of a barometric altimeter. The CAC qualified PIC will maintain the 

equivalent level of safety by confirming the altitude of the launch site shown on the GPS 

altitude indicator prior to each flight. The operating documents will require confirmation of 

the launching site altitude on the UAS GPS altitude indicator before each flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Capstone Aviation Corporation believes that an equivalent level of safety can be 

achieved by following the UAS manufacturer’s operating documents with regard to battery 

voltage. In order to achieve or exceed the level of safety, the CAC PIC will not begin a flight 

unless (considering wind and forecast weather conditions) there is enough power to fly to 

the intended landing point at normal cruising speed and land the UAS with no less than 

30% of battery power.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

Capstone Aviation Corporation UAS operations will keep an equivalent level of 

safety as described below. CAC will perform preventative and required maintenance on its 

UAS as required by the manufacturer and/or FAA safety/service bulletins. If a mechanical 

event occurs the UAS will land immediately. The operator will make sure that the UAS is in 

an airworthy condition prior to each flight operation. The operator will perform maintenance 

on its UAS and will maintain thorough record keeping of any maintenance performed.
Capstone Aviation Corporation

790 Royal Saint George Dr. Ste 141#128 Naperville, Illinois 60563 Paul Capistrant, MBA

(775) 450-6366

10

In order to meet or exceed level of safety as described in 14 C.F.R. §91.405 (a); 407 

(a) (1); 409 (a) (2); 417(a) & (b):Capstone Aviation Corporation operations will include: 

Pre-flight operations: prior to each flight the PIC will conduct and preflight inspection 

of the UAS and Ground Control Station to ensure it’s in a condition for safe flight. All 

discrepancies found during the preflight inspection will prohibit flight operations until the 

necessary maintenance has been performed and the UAS is found to be in a condition for 

safe flight. All discrepancies, maintenance, alterations will be properly documented in the 

aircraft records.

If the UAS has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics there will be a functional flight test by the PIC and the PIC will make 

and entry in the aircraft records. All maintenance will follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limited 

requirements. 

Each UAS will comply with all manufacturers Safety Bulletins.

The operator will carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the manufacturers operating documents. All Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and the 

signature of the authorized person returning the UAS to service.

Authorized persons will make entry in the aircraft record of corrective action taken 

against discrepancies discovered between inspections.

H. Publication Summary

The following summary is provided for publication in the Federal Register.

Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, 

Capstone Aviation Corporation requests an exemption from the following rules:

14 CFR 61.113 (a) & (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a)(1); 91.405 (a); 91.407(a) 

(1 ); 91.409 (a) (2); 91.417 (a) & (b).Exemption from these regulations will allow Capstone 

Aviation to operate commercially a UAS, DJI Phantom 2 Vision + v3.0 (55lbs or less), for 

Aerial Photography/ Inspection Operations.

If approval of the exemption is granted, Capstone Aviation Corporation would 

conduct commercial operations of the approved UAS for aerial photography/inspection for 

business operations over land, water-ways, and oceans; operation over/in non restricted 

National Parks, National Forests, flight in non-navigable airspace, using non-intrusive 

recording devices, operation in otherwise unrestricted US States/Territories. 

The use of UAS of less than 55 lbs with power source is a safer and more 

economical mechanism than utilization of conventional aircraft. Capstone Aviation 

Corporation’s proposed commercial operations of UAS would be conducted under 

controlled conditions in airspace that is: limited, predetermined, and access controlled.