# / f 

## , 

# cool

# e x

M. Anne Swanson T: +1 202 776 2534 aswanson @cooley.com 

### January 27, 2015 Mr. James H. Williams Manager Unmanned Aircraft Systems Integration Office AFS-80 800 Independence Ave., S
.W. Washington, D.C. 20591 Dear Mr. Williams: Enclosed please find an exemption application filed on behalf of Cape Productions, Inc. under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C
.F.R. Part 11 to allow commercial operations of unmanned aircraft for precision aerial survey. 1 

### Should your staff or you have any questions, please contact the undersigned.

MAS:taf Enclosures cc: Robert Pappas JakeTroutman Dean Griffith, Esquire Thuy H
. Cooper Jason Soli, Cape Productions Thomas Finsterbusch, Cape Productions

1 

### Confidential manuals associated with this request, which are exempt from disclosure underthe Freedom of Information Act, are being filed underseparate cover.

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

# Cool 

# e x

M
. Anne Swa nson T

: +1202 776 2534 aswanson@ cooley.com January 27, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 RE: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Ladies and Gentlemen: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F
.R. Part 11, Cape Productions, Inc. ("Cape"L operator of Small Unmanned Aircraft Systems ("sUASs"L requests an exemption from the Federal Aviation Regulations (" FARs") listed below and discussed in Appendix 

### A. 1 Cape seeks exemption from the specified FARs to allow its use of the 3DRobotics X8+ sUAS in commercial operations, such as video films and observations, so long as such operations are conducted within and under the conditions outlined herein or as established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f). 2 Cape is a leading videography company. Cape proposes to use a small, lightweight UAV - 3DRobotics X8+ - and proprietary cloud-based software to collect, process, and analyze aerial data principallyfor purposes of recording video ofperformances by athletes on outdoorterrain, including ski slopes and mountain trails. Use of UAVs will permit athletes at all levels, from casual to professional, to have access to video that they can use to analyze their performances and commemorate their achievements. This type of video has been unavailable in the past, excepttothe highest-level athletes at great cost with manned aircraft. As discussed below, Cape's operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012); 14 C.F.R. Part 11 (2014). 2 Cape relies upon the following exemptions where specific reference to an exemption is not provided: Exemptions 11062through 11067, 11080, 11109through 11112, 11114, 11136, and 11138.

1299 PENNSYL VANIA AVENU E, NW, SUITE700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY
.COM

# cool

# e x

U
.S
. Department ofTransportation January

### 27, 2015 Page

### Two authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. As also detailed below, Cape requests an exemption that would authorize commercial operations using the 3DRobotics X8+, which with a maximum take-off weight of less than 10 lbs. is small in size. The 3DRobotics X8+ will be operated under controlled conditions at low altitude in a remote outdoor setting and in airspace that is limited in scope, as described more fully herein; it will have automated control features, as described herein. The 3DRobotics X8+ also will be operated by an individual possessing a private pilot certificate. Finally, the airspace in which the UAS will operate will be reported to the FAA in advance. Because this small UAS will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary manned aircraft, Cape respectfully submits that the FAA can have confidence that the operations will achieve at least an equivalent level or greater level ofsafety. Approval ofthis exemption would thereby 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." The name and address ofthe applicant are: Cape Productions, Inc. Attn: Jason Soli 822 Cassia Street Redwood City, CA 94063 Ph: 614.519.5464 Email: jason@capehq.com The regulations from which the exemption is requested are as follows: 14 C.F.R. § 61.113(a) 

### & (b); 14 C.F.R
. § 61.133(a); 14 C.F.R
. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R
. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) 

### & (b)

1299 PENNSYL VAN IA AVENUE, NW, SUIT E700, WASHINGTON, DC 20004-2400 T : (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

# Cool 

# e x

U.S
. Department ofTransportation January 27, 2015 Page Three Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level ofsafety, and are in the public interest. Appendix B provides the requisite Federal Registersummary. Appendix C specifies the operating limitations and conditions to which Cape agrees to be bound. Cape is also submitting under a request for confidentiality the flight operations manual and an aircraft flight manual forthe 30Robotics X8+. SECTION 333'S LEGAL STANDARD Grant ofthis exemption application for use ofthe 3DRobotics X8+ for purposes ofobtaining and recording video of athletic performances will advance the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if such integration can be accomplished safely
. This statutory provision directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 ofthe Reform Act. In doing so, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe NAS orthe public or pose athreatto national security in light ofthe following:
• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. 3 If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." 

### /d
. § 333(c) (emphasis added).4 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions
. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

3 Reform Act§ 333(a)(1). 4 Applicant submits thatthis provision places a duty on the Administratorto not only process applicationsfor exemptions underSection 333, butforthe Administrator, if he deems the conditions proposed herein require modification in orderto allow approval, to supply conditions forthe safe operation ofthe UAS. Cape requests the opportunityto consult with the FAA staffto address any issues or concerns thatthey believe may require such modification.

1299 PENNSYLVANIA AVENUE
. NW. SUITE700, WASHINGTON, DC 20004-2400 T : {202) 842-7800 F: (202) 842-7899 WWW
.COOLEY.COM

# cool 

# e x

U.S. Department ofTransportation January27, 2015 Page Four The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any of sections 44702- 44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S
.C. § 44701(f). See also 49 U.S.C. § 44711(a); 49 U
.S
.C. § 44704; 14C.F.R. § 91.203(a)(1). The grant of the requested exemption is in the public interest given the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit arising from the use of new technology to provide services that are not practical or safe to provide using traditional aircraft. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay. 5 AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraftthat have the characteristics and that operate with the limitations and conditions listed in Appendix C. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to operations that would be conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 11067, 11080, 11109, 11110, 11136, 11138, 11150, and 11153
. ADDITIONAL ISSUES Privacy. All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Operations will be located in remote areas where the owners have agreed to allow Cape's activities to take place
. In addition, members of the general public will be alerted to the operation ofsUAS aircraft at these locations.

5 In filingthis application, Cape also requeststhatthe FAA combine the grant ofthe Section 333 exemption with astand-alone Certificate ofOperation ("COA'') that will allow commercial operations ofthe 3DRobotics X8+ withoutthe necessity offilingfor a COA for each flight
. Compliance with the conditions agreed to herein and that may be imposed bythe FAA, as set forth in priorSection 333 exemptions, provide the separation needed from other aircraft. Noticeto airmen and notice to air traffic control can be provided bythe filing ofa NOTAM as set forth within the proposed conditions.

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

# Cooley

U
.S. Depar tment ofTransportation January27, 2015 Page Five National Security. Grant ofthis exemption will not raise any national security issues. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the 3DRobotics X8+ poses no threat to national security. CONCLUSION Cape seeks an exemption from the FARs set forth in Appendix A to operate commercially a small unmanned vehicle (55 lbs. or less) to obtain video of athletic performances, principally on ski slopes and mountain trails
. Operations will be in accordance with the limitations and conditions set forth in Appendix C. Grant ofthis exemption for commercial video operations will enhance safety by reducing risk
. Using rotor or fixed wing conventional aircraft for this purpose, as has historically been the standard method, would require operations at extremely low altitudes, very close to the individuals whose activities are being recorded and to other people and structures. Such operations present the risks associated with vehicles that weigh in excess of6,000 lbs. and carry large amounts ofjet A or otherfuel. Such aircraft also mustfly to and from the location where filming will take place. Use of a sUAS weighing fewer than 25 lbs. and powered by batteries eliminates virtually all ofthe risk associated with use of conventional aircraft for this purpose, given that the sUAS does not use flammable fuel and the much lower mass ofthe aircraft. In addition, the sUAS avoids other risks associated with manned flight because it will carry no passengers or crew and is carried to the target area, ratherthan being flown to the site. Consequently, the operation of small UASs, weighing less than 10 lbs., conducted in the strict conditions outlined in Appendix C, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control ofthe operator
. As a result, they are far safer than conventional operations conducted with manned aircraft operating in close proximityto the ground and people. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line of sight and national security - provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation of applicant's sUAS for the purposes outlined herein and are consistent with exemptions already granted, including Exemptions 11062 through 11067, 11080, 11109 through 11112, 11114, 11136, 11138, 11150 and 11153.

1299 PENNSYL VAN IA AVENUE, NW, SUITE 700, WASH INGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW
.COOLEY.COM

# Cool

# e x

U.S. DepartmentofTransportation January 27, 2015 Page Six Given that Cape is willing to abide by conditions the FAA has required in issuing recent Section 333 exemptions, as set forth in Appendix C, the FAA has a strong basis for prompt consideration and grant ofthis request. Please contact undersigned counsel ifyou have any questions. Very · ulyyours, I /} 

# A_ I I

# u/1 IV' 

### /[/£. · +-----._ M. Anne Swanson Cooley LLP Counsel for Cape Productions, Inc.

# ra~**~** John McGrawAerospace Consulting, LLC Agent for Cape Productions, Inc.

cc: James Williams Robert Pappas Jake Troutman Dean Griffith, Esquire Thuy H. Cooper

1299 PENNSYLVANIA AVENUE
. NW, SUITE 700, WASHINGTON, DC 20004-2400 T : (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMAPPENDIX A
EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION Cape requests an exemption from the following regulations as well as any additional regulations that maytechnically applyto the operation ofthe 3DRobotics X8+:
14 C.F.R. § 61.113(a) 

### &(b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations. Section 61.113(a) 

### & (b) limit private pilotsto non-commercial operations. Unlike a conventional aircraftthat carries a pilot, passengers, and cargo, the 3DRobotics X8+ in this case is remotely controlled with no passengers or property ofothers on board. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command ofany aircraft for compensation or hire. Cape respectfully proposes that operator requirements should take into accountthe characteristics ofthe particular UAS. Cape's 3DRobotics X8+ has a high degree of pre-programmed control and various built-in technical capabilities that strictly limitthe potential for operation outside ofthe operating conditions set forth in the exemption application. The 3DRobotics X8+ has a navigation and control system capable ofconducting preprogrammed missions. Flights are pre-programmed with precision GPS guidance and, although monitored bythe PIC and Observer, do not require human intervention. The aircraft also can operate in guided mode, in which the aircraft will flyto a location designated by the operators. In the case ofunplanned events, the operator can manually intervene to take one ofthe following actions: (i) command the aircraftto begin a return tothe recovery area and land; (ii) command the aircraft to conduct a return tothe recovery area where the pilotwill assume control and land the aircraft; or (iii) manually assume control ofthe aircraftvia the hand controller and return the craftto the recovery area where the operator lands it manually. Additional automated safety functions and safety enhancing features ofthe 3DRobotics X8+ include the following:
• Auto-pilot detection of lost GPS initiates GPS failsafe mode, in which the aircraft switches to manual control in an altitude hold mode. • Low battery power on the aircraft (13.5 volts) triggers the landing sequence, and the craft will land atthe current location. • Ifthe aircraft detects a lost-linkto the ground control station, itwill return to the launch point and land. • Ifthe aircraft exceeds an altitude of400ft. AGL or goes morethan 2 km from its launch point (except if it is in GPS failsafe modeL itwill return to the launch point automatically.Given these safety features, Cape proposes that operators ofthe 3DRobotics X8+ should not be required to hold acommercial pilot certification. Instead, operators should be required to hold only a private pilot certification. The risks associated with the operation ofthe 3DRobotics X8+ (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations ofthe UAS as set forth above meets or exceeds the present level ofsafety provided under 14 C.F.R. § 61.113{a) 

### & (b) and does not rise to the level of requiring acommercial pilotto operatethe aircraft under§ 61.133{a). Given these conditions and restrictions, an equivalent level ofsafety will be provided by allowing operation ofthe 3DRobotics X8+ with a private pilot's certificate, underthe conditions set forth in the exemption request. The FAA has granted exemptionsto conduct similar operations in Exemptions 11062through 

### 11067, 11080, 

### 11109, 11110, 11136, and 11138. 14 C.F.R. § 91.7{a): Civil Aircraft Airworthiness. This regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe 3DRobotics X8+ without an airworthiness certificate, no standard will exist for airworthiness ofthe 3DRobotics X8+. Given the size ofthe aircraft and the requirements thatthe operator has agreed to as relates to airworthiness, as set forth in the attached manuals, an equivalent level ofsafety will be achieved by ensuring compliance with the Cape manuals priorto each flight. The FAA has granted exemptionsto conduct similar operations in Exemptions 11062through 

### 11067, 11080, 

### 11109, 11110, 11136, and 11138. 14C.F.R. § 91.119(c): Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation ofcivil aircraft. Specifically, 91.119{c) limits aircraft flying overareas otherthan congested areas to an altitude of500 feet above the surface, except over open water orsparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feetto any person, vessel, vehicle, orstructure. As set forth herein, the 3DRobotics X8+ will never operate at higherthan 400 feet AGL. Itwill, however, be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts. Because it is necessary to operate at altitudes less than 500 feet AGL to record athletic performances on ski slopes and mountain trails, an exemption from Section 91.119{c) is needed. The equivalent level ofsafety will be achieved given the size, weight, speed, and material with which the 3DRobotics X8+ is built. Also, no flightwill be taken withoutthe permission ofthe landowner orthose who control the land as well as local officials. Because ofadvance notice to the landowner, all affected individuals will be aware ofand will have signed waivers consenting



### 2to the flights. Cape will ensure thatthe aircraft remains at least 500 feet away from nonparticipants unless they are sheltered from potential hazards by barriers or structures, as described in the Cape Productions' Flight Operations Manual. Compared to operations conducted with aircraft or rotorcraft weighing far more than 10 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than the risks that would be posed by conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations ofthe UAS will maintain separation between these smaii-UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062through 11067, 11080, 1110, 11136, and 11138. 14C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions} there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed- (1} Duringthe day, to fly afterthatfor at least 30 minutes; or (2} At night, to fly afterthat for at least 45 minutes." The batteries poweringthe 3DRobotics X8+ provide approximately 15 minutes ofpowered flight. Without an exemption from§ 14 C.F.R. 91.151, the UAS's flights would not be permitted. Given the limitations on its proposed operations and the location ofthose proposed operations, a longer time frame forflight in daylightVFR conditions is reasonable. Cape will not initiate flight unless (considering wind and forecast weather conditions) there is enough powerto fly at normal cruising speed to the intended landing point and land the sUAS with 25% battery power remaining. Cape believes that an exemption from 14 C.F.R. § 91.151(a} is safe and within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operatingthe small UAS without 30 minutes of reserve fuel does not engenderthetype of risks that Section 91.151(a} was meantto prevent given the size and speed at which the UAS operates. The level ofsafety is enhanced because the aircraft carries no pilot, passenger, or cargo. Flights also will be very short, and far shorter than the capacity of the batteries allows. In the unlikely eventthat the 3DRobotics X8+ achieves a low batterystate (13.5 volts), itwould simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation. Cape submits that, as a result, its proposed operations ofthe 3DRobotics X8+ achieve an equivalent level of safety. Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 10673, 10808, and Exemptions 11062through 11067, 11080, 11109, 1110, 11112, 11136, 11138, and 11150.



### 314 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) 

### &(b): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter
...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraft for return to service. Maintenance ofthe 3DRobotics X8+ will be accomplished bythe owner/operator pursuantto the manuals attached as confidential exhibits. An equivalent level ofsafety will be achieved because the UAS is small and light, will carry asmall payload, will operate only in restricted predetermined areas and is not acomplex mechanical device. As provided in the attached manuals, the operatorwill ensure thatthe UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance that is performed; moreover, the operator is the person mostfamiliar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety. The FAA has granted exemptions for similar operations in Exemptions 11062through 11067, 11080, 11109, 11110, 11112, 11136, and 11138
.



### 4APPENDIX B
SUMMARY OF CAPE SECTION 333 EXEMPTION REQUEST
For publication in the Federal Register, Cape hereby provides pursuantto Part 11 asummary of its exemption application to allow commercial operation ofthe 3DRobotics X8+ unmanned aircraft for purposes of recording video of performances by athletes on outdoorterrain, including ski slopes and mountain trails. An exemption is requested from the following regulations: 14 C.F
.R. § 61.113(a) 

### &(b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) 

### &(b)APPENDIX C
LIMITATIONS AND CONDITIONS
The limitations and conditions to which Cape (or "operator") agrees to be bound when conducting commercial operations underan FAA issued exemption include: 

### 1. Operations ofthe 3DRobotics X8+ are limited to the aircraft described in the attached manuals (including the modifications described in the manuals), which is a miniature rotor aircraft that weighs less than 10 pounds (the "UA" or "UAS"). Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 1 2. The UA may not be flown at an indicated airspeed exceeding 50 knots. 3. The UA may be operated at an altitude of no more than 400 feet above ground level ("AGL"), or as indicated by the procedures specified in the attached manuals. All altitudes reported to AirTraffic Control ("ATC") must be in feet AGL. 4. The UA must be operated within visual line of sight ("VLOS") of the pilot-in-command ("PIC") at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 5. All operations must utilize avisual observer ("VO"). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO can perform the functions prescribed in the operator's manuals. 6. The manuals must be amended to include all conditions and limitations required by the FAA. The manuals must be maintained and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the manuals, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, the operator must followthe procedures as outlined in the manuals. The operator may update or revise the manuals. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it

1 Cape is submitting under a request for confidentialitythe flight operations manual and an aircraft flight manual forthe 3DRobotics X8+ ("manuals").petitions for an extension or amendment ofthis exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for amendmentto its exemption. 7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, and the UAS is found to be in a condition for safe flight. The ground control station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight characteristics, 

### e.g., replacement ofaflight critical component, must undergo a functional test flight in accordance with the operator's manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. 9. The preflight inspection section in the manuals will include the following requirement: the preflight inspection must account for all discrepancies, 

### i.e., inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator's manuals. 10. The operator must follow the manufacturer's UA aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flight critical components that may not be addressed in the manufacturer's manuals. 11. The operator must carry out its maintenance, inspections, and record keeping requirements in accordance with the manuals. Maintenance, inspection, and alterations must be noted in the aircraft records, includingtotal flight hours, description ofwork accomplished, and the signature ofthe authorized technician returningthe UAS to service. 12. The authorized technicians must receive and document training referenced in the manuals. 13. Each UAS operated underthe exemption must comply with all manufacturer system and safety bulletins. 14. Operator's maintenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections. 15. The PIC must possess at least a private pilot certificate and athird-class airman medical certificate. The PIC must also meetthe flight review requirements specified in 14 C.F.R. 61.56 as to the UAS.

216. The operator may not permit any PIC to operate unless that PIC has demonstrated through Cape's training and currency requirements thatthe PIC is able to safely operate the UA in a manner consistent with howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. 17. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property and land or be recovered in accordance with the manuals. 18. The PIC must abortthe flight in the event of unpredicted obstacles or emergencies in accordance with the manuals. 19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions) there is enough powerto at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 20. The operatorwill file a request for a Notice to Airmen (NOTAM) not morethan 72 hours in advance, but not less than 48 hours priorto the operation. 21. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings must be as large as practicable
. 22. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must complywith the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements. 23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the ground control station ofthe UAS anytime the aircraft is operating. These documents must be made available tothe Administrator or any law enforcement official upon request. 24. The UA must remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limitedto, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 25. The UAS may not be operated bythe PIC from any moving device orvehicle. 26
. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1. 27. All operations must be conducted undervisual meteorological conditions ("VMC"). The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from acloud orwhen visibility is less than 3 statute miles from the PIC.



### 328. During operations in Class Gairspace, the UA may not operate within 5 nautical miles of the geographic center ofan airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required bythe operator's COA. The letter ofagreementwith the airport management must be made available to the Administrator upon request. 29. The UA may not be operated overcongested or densely populated areas unless the conditions set forth in #31 are satisfied. These populated areas include, but are not limitedto, the yellow areas depicted on World Aeronautical Charts ("WAC"), Sectional Aeronautical Charts ("Sectionals"), orTerminal Area Charts ("TAC''). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC's responsibilityto maintain the minimum safe altitudes required by§ 91.119
. 30. Operations must be conducted at least 500 feetfrom all nonparticipating persons (persons otherthan the PIC or VO}, vessels, vehicles, and structures unless:
a. barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event ofan accident. The operator must ensure that nonparticipating persons remain undersuch protection. Ifa situation arises in which nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately; and/or b. the aircraft is operated near vessels, vehicles, or structures where the land owner/controller has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects; and
c. operations nearthe PIC orVO do not present an undue hazard to the PIC orVO, per § 91.119(a). 31. All operations shall be conducted over private or controlled-access propertywith 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. 32. In the event COAs are required, any incident, accident, orflight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office ("AFS-80"} within 24 hours
. Accidents must be reported to the National Transportation Safety Board ("NTSB"} per instructions contained on the NTSB Web site: www.ntsb.gov
.



### 4