M. Anne Swanson

+1 202 776 2534

aswanson@cooley.com

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 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:

Cape 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 vehicle (“UAV”) operations for video filming and observations (the 

“Exemption”). The exemption was issued pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 (“Section 333” and the “Reform Act”) and 14 C.F.R. Part 11. By this 

amendment, Cape seeks to add commercial closed-set motion picture and television filming as 

an additional permitted use. (On August 7, 2015, Cape filed an amendment seeking authority to 

add two aircraft to its exemption, specifically the 3DRobotics Solo and the DJI Inspire 1, and 

requests that those aircraft be authorized 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 following 

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 operations. The May 20, 

2015 amendment proposed conditions somewhat similar to, but not identical to, those 

customarily included in closed-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 that the 3DRobotics Solo does not meet its 

requirements and no longer requests authority to add the Solo to its exemption.
November 5, 2015

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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

The additional operating condition that Cape requests is identical to those in exemptions

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 FAA, 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 currently authorized operations using manned aircraft 

and under conditions specified by the FAA. Because the specified UAVs will be used in lieu of 

comparatively hazardous operations that otherwise would have to be conducted with fixed wing 

and rotary conventional 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. As 

discussed in more length in Cape’s exemption request filed on January 27, 2015, approval 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 national 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. As 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 11. 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

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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