Cooley

M. Anne Swanson

+l 202 776 2534

aswanson@cooley.com

March 21, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Application for Amendment to Exemption 11433A, Cape Productions, Inc.

FAA Docket 2015-0223

Dear Sir or Madam:

On April 24, 2015, the FAA issued Exemption 11433 allowing Cape Productions, Inc.

("Cape") to use the 3DRobotics X8+for commercial purposes under Section 333 of the FAA

Modernization and Reform Act of 2012, and on December 29, 2015, the FAA issued an

amendment to that exemption (Exemption 11433A) to supplement the conditions for operation

near people and to add the 3D Robotics Solo and DJI Inspire 1 to the exemption. This letter

requests an amendment to add the aircraft to Exemption 11433A for commercial use in aerial

data collection.

Cape is interested in having the following craft added to and specified on its exemption:

1) DJI Phantom 4 ("Phantom 4")

2) DJI Phantom 3 —Professional ("Phantom 3")

3) DJI Matrice 100 ("Matrice 100")

4) DJI Spreading Wings S1000 ("S1000")

5) DJI Spreading Wings S1000+ ("S1000+")

All of these craft, except the Phantom 4, are listed on the FAA's roster of "Approved Unmanned

Aerial Systems (UAS) Make/Model under Section 333."' In light of the FAA's inclusion on

certain recent Section 333 exemptions of the following language, Cape requests a similar

provision be added to its grant:

The operator is authorized by this grant of exemption to use any aircraft

i dentified on the List of Approved Unmanned Aerial Systems (UAS) under

Section 333 at regulatory docket FAA-2007-3330 at www.regulations.gov,

when weighing less than 55 pounds including payload. Proposed operations

FAA, "Approved Unmanned Aerial Systems (UAS) Make/Model under Section 333," updated

as of March 4, 2016, available at http://www.gosvnerqymc.com/wpcontent/uploads/2016/03/Approved-UAS-for-Publication-3-4-2016.pdf (last visited Mar. 18,

2016).

1 299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM
Cooley

March 21, 2016

Page Two

of any aircraft not on the list currently posted to the above docket will require

a new petition or a petition to amend this exemption.2

If the FAA chooses to include such language, rather than simply designating the four craft for

addition to its authority, Cape specifically requests that the FAA also include a separate

provision adding the DJI Phantom 4 since, as of this date, it does not appear on the FAA's

roster of approved craft.

The Phantom 4 is a rotorcraft weighing a maximum of 3.04 pounds at takeoff, without

payload. It will not operate at a speed greater than 39 knots. With payload, the craft will weigh

less than 55 pounds.

The Phantom 3 is a rotorcraft weighing a maximum of 2.82 pounds at takeoff, without

payload It will not operate at a speed greater than 31.1 knots. With payload, the craft will weigh

less than 55 pounds.

The Matrice 100 is a rotorcraft weighing a maximum of 5.19 pounds at takeoff, without

payload. It will not operate at a speed greater than 42.76 knots. With payload, the craft will

weigh less than 55 pounds.

The S1000 is a rotorcraft weighing a maximum of 9.26 pounds at takeoff, without

payload. It will not operate at a speed greater than 39.1 knots. With payload, the craft will

weigh less than 55 pounds.

The S1000+ is a rotorcraft weighing a maximum of 9.7 pounds at takeoff, without

payload. It will not operate at a speed greater than 39.1 knots. With payload, the craft will

weigh less than 55 pounds.

Cape will operate the requested aircraft in accordance with the manufacturers' manuals

for each and in accordance with the operations manuals that Cape submitted with its original

exemption request. (If the FAA staff desires, Cape will provide amended copies of those

confidential manuals to provide references to the craft proposed in this amendment; such

amended versions will be submitted confidentially.)

The FAA has issued exemption grants in circumstances similar in all material respects to

those presented in this petition. In Exemption No. 11433A, noted above, as well as Exemption

No. 12862A for Chustz Surveying, Inc. (see Docket No. FAA-2014-1015), No. 14402A for

Empower UAV UAS, Inc. (see Docket No. FAA-2015-5108), and No. 15343 for 3DPSC LLC

(see Docket No. 15343), the FAA found that the enhanced safety achieved using an unmanned

aircraft with the specifications described by the petitioner and carrying no passengers or crew,

rather than a manned aircraft of significantly greater proportions carrying crew in addition to

flammable fuel, gave the FAA good cause to find that the UAS operation at issue was in the

public interest.

2 See, e.g., Chustz Surveying, Inc. (see Docket No. FAA-2014-1015) at 3.

1 299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM
Cooley

March 21, 2016

Page Three

To the extent necessary, Cape refers the FAA to its original exemption request and the

May 20, 2015 request to amend its exemption submitted in Docket FAA-2015-0223 for a listing

of regulations for which an exemption is being sought, a detailed demonstration of the public

i nterest, and a showing of an equivalent level of safety. Based on the foregoing and for all the

reasons set forth in Cape's previous filings in Docket 2015-0223, which are now hereby

i ncorporated by reference, Cape notes that the FAA has granted similar exemptions, as set forth

above, for aerial data collection, and it, therefore, believes that this amendment request is

subject to the FAA's already announced Summary Exemption Process.3

If you have any questions, please contact us at your earliest convenience.

Very try~y yours,

M. Anne Swanson

J.G. Harrington

Counsel for Cape Productions, Inc.

cc: Mr. Rick May

Mr. Jake Troutman

Mr. Dean Griffith, Esquire

Mr. Dan Ngo

Mr. Louis Gresham

3"FAA Summary Grants Speed UAS Exemptions," Apr. 9, 2015, available at

https://www.faa.gov/news/updates/?newsld=82485 (last visited Mar. 17, 2016) (announcing use

of summary grant process for Section 333 exemptions); see 14 C.F.R. § 11.87. Cape interprets

Section 333 as placing a duty on the Administrator not only to process applications for

exemptions under Section 333 but, if he determines that the conditions set forth herein do not

fulfill the statutory requirements for approval, to craft conditions for the safe operation of the

UAS.

1 299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F. (202) 842-7899 WWW.COOLEY.COM