M. Anne Swanson

+1 202 776 2534 aswanson@cooley.com

1299 PENNSYLVANIA AV ENUE, NW, SUITE 700, WASHINGTON, DC 20004

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- 7899 WWW.COOLEY.COM November 5 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Application for Amendment to Cape Productions , Inc.’s Exemption Under Section

333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Exemption No. 11433, Regulatory Docket No. FAA 2015

- 0223

Dear Sir or Madam:

C ape Productions , Inc. hereby seeks to amend Exemption No. 11433 (Docket No. FAA 2015

- 0223), dated April 24, 2015, which authorizes it to utilize a 3DRobotics X8+ to conduct

commercial unmanned aerial vehicl e (“UAV”) operations for video fil ming and observa tions (the “Exemption”). The exemption was issued pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( “Section 333” and the “Ref orm Act”) and 14 C.F.R. Part 11. By this amendment, Cape seeks to add commercial closed

- set motion pictur e and television filming a s an additional permitted use. (On August 7, 2015, Cape filed an amendment seeking authority to

add two aircraft to its exemption, specifically the 3D Robo tics Solo and the DJI Inspire 1, and requests that those ai rcraft be author ized for closed

- set filming as well.) 1

To accomplish this proposed change, Cape specifically requests the addition of a condition related to the provision of closed

- set filming. Specifically

, Cape proposes to insert the followin g condition in the Exemption in lieu of the similarly numbered condition:

1 In addition to the August 7, 2015 amendment seeking the addition of the 3DRobotics Solo and the DJI Inspire 1, Cape submitted on May 20, 2015, an amendment proposing unique conditions related to seeking consent of individuals subject to Cape’s filming op erations. The May 20,

2015 amendment proposed conditions somewhat similar to, but not identical to, those customarily included in close d

- set filming exemptions issued by the FAA under Section 333. Cape is submitting this current amendment specifically to obtain authority to conduct closed

- set filming operations, irrespective of the pendency of the May 20, 2015 amendment. Cape requests that this current amendment be processed separately from the May 20, 2015

amendment. In addition, Cape has determined th at the 3DRobotics Solo does not meet its requirements and no longer requests authority to add the Solo to its exemption.November 5, 2015 Page Two

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2. Operations for the purpose of closed

- set motion picture and television filming are permitted.

Cape will conduct its closed

- set motion picture and television filming and production operations in accordance with the separately filed motion picture and television operations manual (“ MPTOM ”)

. 2

T he additional operating condition that Cape requests is identi cal to those in exemption s granted to Helicopters West , Inc . and other parties seeking to offer closed

- set filming services. 3

Since Cape will operate the aircraft in strict compliance with the conditions in existing exemptions previously granted by the F AA, or as they may be amended, notice need not be provided in the Federal Register nor public comment solicited.

Cape reiterates that its UAV operations will be subject to strict operating requirements to ensure at least an equivalent level of safety to c urrently authorized operations using manned aircraft

and under conditions specified by the FAA . B ecause the specified UAVs will be used in lieu of comparatively hazardous operations that otherwise would have to be conducted with fixed wing and rotary conv entional aircraft, the FAA can have confidence that the proposed closed

- set filming operations will achieve at least an equivalent level or greater level of safety. A s discussed in more length in Cape ’s exemption request filed on January 27 , 2015, a pprova l of this exemption would enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the natio nal airspace system.” 4

2 Cape requests that the MPTOM be maintained in confidence and not placed in the public docket or otherwise disclosed to the public. A s the information included in the manual includes

trade secrets and commercial information that is confidential and not made available to the public, it is exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552(b),

and 14 C.F.R. Part 1 1. Should the FAA receive a request for access to the manual, we ask for notification of that request prior to any action being taken by the FAA, as it may relate to that request.

3 See Helicopters West, Inc.

, FAA Exemption No. 11559, Regulatory Docket No . FAA

- 2015

- 0430 (May 12, 2015). See also Integrated Media Technologies, Inc. , FAA Exemption No. 11532, Regulatory Docket No. FAA

- 2015

- 0424 (May 11, 2015), and Shotwell Media , LLC, FAA Exemption No. 11280, Regulatory Docket No. FAA

- 2014

- 0885 (April 1, 2015 ).

4 See Pub. Law 112

- 95, 126 Stat. 11, § 333 (2012).November 5, 2015 Page Three

1299 PENNSYLVANIA AV ENUE, NW, SUITE 700, WASHINGTON, DC 20004

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- 7899 WWW.COOLEY.COM Please do not hesitate to contact us if you have any questions or need additional information.

J.G. Harrington

Counsel for Cape Productions , Inc.

cc: Mr. Rick May

Jake Troutman Dean Griffith, Esquire Mr. Dan Ngo

Mr. Louis Gresham