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J .G. Harri ngto n + 1 202 776 281 8 jghorri ng ton @ coo ley.com

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

# ORIGINAL

May 20 , 2015

Re: Application for Amendment to Exemption 11433, Cape Productions , Inc. FAA Docket 2015-0223 Ladies and Gentlemen: On January 27, 2015, Cape Productions , Inc. ("Cape ") , through its attorneys , submitted an app li cation for an exemption under Section 333 of the FAA Modernization and Reform Act of 2012. On April 24, 2015 , the FAA issued exemption 11433, allowing Cape to engage i n commercial operation of a small unmanned aircraft system ("sUAS ") to conduct video filming and observations. This letter requests amendment to Exempt ion 11433 to permit filming within 500 feet of participants i n certain l i mited circumstances , as described below. As described in Cape ' s initial application , the purpose of its exemption request was to permit filming of athletic performances on outdoor terrain , including ski slopes and mountain trails. This amendment requests authorization to permit filming at distances of less than 500 feet from non-partici pants (that is , individuals other than the pilot in command ("PIC ") , visual observers ("VOs") and UAS trainees). At all times , the PIC will have the ab i lity to take manual control of the sUAS to address emergencies or other unexpected occurrences during the flight. Cape will operate one sUAS on each ski slope or mountain tra i l , but may operate more than one sUAS at any given mountain resort , using a separate PIC for each sUAS operating on each s lope or tra il. Cape proposes to operate under the follow ing additional conditions when it is film i ng athletes on ski slopes and mountain trails: 1 1. All operations will be in mountain resorts with access limi ted to paying customers and staff. 2. (a) All individuals entering the resort will provide consents/waivers ; or (b) If consents/waivers are not obtained from all who enter the resort , then physical barriers (such as fencing or natural topographic barriers) will be in place to prevent
1 These conditions are in addition to the applicable conditions in Exemption 11433.

1 29 9 PEN N SYLVAN IA AV ENUE
. NW , SUIT E 700. WASH I NGTON
. DC 20004 -2400 T: {202) 8 42 -7800 F: {202) 8 42-7899 WWW
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Page Two i ndiv iduals who have not prov ided consents/waivers from being w ithin 

### 500 feet of sUAS operat ions. (c) All consents or waivers may be obtained in electronic form
. 3. Indiv iduals whose performances w i ll be fil med wi ll provide a separate waiver for the filming
. 4
. The sUAS will operate in a l im ited area on a pre-programmed f li ght p lan for rout i ne operat ions invo lving recording ath let ic performances. 5
. For purposes of sUAS training , flight test i ng , or obtain i ng non-at h lete footage , the sUAS may be operated i n manua l (non-pre-prog rammed) mode , but i n such cases t he sUAS always will be opera ted at least 

### 500 feet from all non-participants
. 6. The operator will post signage concerning the use of sUAS in l ocations where film i ng is taking place , specifically at the top of the trails where filming occurs . 7. The operator will mainta i n a security plan, which w i ll include the fo ll owi ng: • Identification of the contro l po i nt fro m which the PIC conducts operat ions ; • Processes to stop operations and then land or have the sUAS return to home if unauthorized persons , vehicles , or aircraft mistaken ly enter the area of operation ; • Visual arm signals or aud itory s ignals to be used during operations (e
.g. , to tell the PIC that unauthorized persons, vehicles , or aircraft have m istakenly entered the area of operations) ; and • Utilizat ion of radio frequencies consistent with FCC requ i rements. 8
. In the event that (i) unauthorized persons , veh icles , or a i rcraft mistakenly enter the area of operations ; ( i i) contact with the sUAS is lost ; or (iii) other condit i ons requ i re immediate term i nat ion of operat ions , a Fail Safe point for landing the sUAS will have been established prior to operations
. 9
. Prior to operations, a map w i ll be prepa red showing takeoff and landing poin ts , the area of ope rat ions , and the Fail Safe point. 10. Each day , prior to operations , the PIC w ill perform a ground inspect ion of the site for hazards to safe conduct of sUAS operations and will conduct a risk assessment procedure to ensure that potentia l operational risks are ident ified. 11
. The FSDO for the area where filming will take place will be notified pri o r to the beginn i ng of each sk i and mounta i n trail season . These cond itions wi ll prov ide for at least an equivalent level of safety under t he current regulatory structure because the proposed operations represent a safety enhancement to operations that wou ld be conducted with conventional airc raft. As described i n the orig i nal exemption request , the 30Robotics X8+ sUAS is very small and uses battery power, thereby eliminating virtually a ll of the risk associated with us i ng convent i ona l aircraft for this purpose. All fligh ts w ill use pre-programmed routes based on the terrain of the area being filmed
. In addition , Cape w ill emp loy tracking technology to adjust the f li ght speed to ensure that the sUAS will maintain approp riate distance from the ath lete being filmed , w ithin pre-programmed lim its

1 299 PENNSY LVAN IA AVENUE. NW, SU IT E 700. WASHI NGTO N. DC 20004 -2400 T: (202) 842-7800 f: (202) 842 -7899 WWW.COOLEY
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Page Three that w i ll keep the sUAS w ithin the designated area for fi l m i ng. (For instance , the tracking technology will adjust the speed of the sUAS w ith i n pre-programmed paramete rs if the ath lete is moving faster or slower than the in itia lly programmed speed.) The additional cond itions proposed here i n and the method of operation , includ i ng using tracking technology to ensure t hat an appropri ate distance is maintained from the athletes , and ope ration of each sUAS w ithin a limited area i n the mountain resort , further enhance the safety of operati ons . To the extent necessary , Cape refers the FAA to its origina l exemption request submitted in Docket FAA-2015-0223 for a listing of othe r regulat ions for which an exempti o n is being sought ; a demonst ration of the public interest ; and a showing of an equ ivalen t leve l of safety
. Based on the forego i ng and for all the reasons set forth in Cape 's p rev ious fili ngs in Docket 2015-0223 , which are now incorporated by reference , Cape respectfu lly requests that this amendment be granted. 2 Please contact unders igned counsel if you have any quest ions.

cc : James Williams Robert Pappas Thuy Cooper Jake Trou t man Dean G riffith Jason Soli Very truly yours ,

# !:~**anson** J
.G. Ha rrington Counsel for Cape Productions, Inc.

2 App li cant interp rets Section 333 as plac i ng a duty on the Administrator not only to process app li cations for exemptions under Sect ion 333 but , if he determ i nes that the cond itions set forth herein do not fu lfill the statutory requ i rements for approva l, to craft cond itions fo r the safe operat ion of the UAS.

1 299 PE NNSYL VA NIA AVENUE. NW
. SUI T E 700. WAS HINGTON. DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.CO OLEY.COM