Exemption No. 11433A

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

GRANT OF AMENDMENT

The FAA is amending the April 24, 2015 grant of exemption to Cape Productions, Inc. to 

include additional aircraft and address requests included in petitions for amendment dated 

May 20, 2015 and August 7, 2015. Specifically, in this exemption, the FAA has:

 Clarified operations near people and determined safe operations in response to petition 

for amendment dated May 20, 2015.

 Added two aircraft as requested in petition of amendment dated August 7, 2015.

By letters dated May 20, 2015 and August 7, 2015, M. Anne Swanson and J.G. Harrington, 

on behalf of Cape Productions, Inc. (hereinafter petitioner or operator), 1299 Pennsylvania 

Avenue NW, Suite 700, Washington DC 20004, petitioned the Federal Aviation 

Administration (FAA) for amendments to Exemption No. 11433 granted relief from

§§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.119(c), 91.151(a), 91.405(a), 91.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b) of Title 14 Code of Federal Regulations (14 CFR). The 

petitioner also requested to add two unmanned aircraft systems (UAS) to the list of approved 

aircraft in Exemption No. 11433 to conduct aerial data collection.

In the matter of the petition of

CAPE PRODUCTIONS, INC.

for an exemption from §§ 61.113(a) and (b), 

61.133(a), 91.7(a), 91.119(c), 91.151(a),

91.405(a), 91.407(a)(1), 91.409(a)(2), and 

91.417(a) and (b) of Title 14, Code of 

Federal Regulations

Regulatory Docket No. FAA−2015−0223
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In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The petitioner supports its request with the following information:

The petition for exemption describing the proposed operation and the regulations from which

the petitioner seeks exemption is posted to the docket. To view the petition, visit 

http://www.regulations.gov, enter the regulatory docket number found on the first page of this 

document into the search box and click “Search,” then click on the “Open Docket Folder” link

next to a result associated with the docket number.

Cape Productions currently conducts operations to record athletic performances under 

Exemption No. 11433. No accidents or incidents have been reported to date. Cape 

Productions seeks to leverage its experience conducting these operations to provide higher 

quality imagery and videography for its consenting customers.

The petitioner has provided the following information along with its petition via confidential 

submission to the FAA to support its request for an exemption:

1. Cape Productions - sUAS Flight Operations Manual

2. Cape Productions – 3D Robotics X8+ sUAS Aircraft Flight Manual

3. Movie Production and Television Operations Manual

The petition and the documents above are hereinafter referred to as the operating documents.

Discussion of Public Comments:

A summary of the petition was published in the Federal Register on November 25, 2015 (80 

FR 73870). Five comments were submitted; one was a general comment and four were in 

support of the petition. The Minnesota Department of Transportation, Office of Aeronautics 

submitted a comment on operation of UAS near people. The National Ski Areas Association, 

Small UAV Coalition and Cape Productions commented in support of the petition.

The Minnesota Department of Transportation (MN DOT), Office of Aeronautics expressed 

concern regarding the method of which the FAA will use to determine safe distances for 

operation of a UAS at distances of less than 500 feet from people. While MN DOT expressed 

that a number less than 500 feet would seem appropriate for professionally operated UAS, 

they encouraged the FAA to determine a conservative minimum distance until more data can 

be collected to support further reductions in distance. However, as discussed in the FAA’s 
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analysis section below, the FAA has adopted the approach of: (1) ensuring participants are 

briefed on the risks and consent to being within 500 feet of the aircraft; and (2) conditioning 

the exemption on the operator taking action to mitigate those risks, including developing an 

operations manual and providing the FAA with a plan of activities prior to operating. With 

those mitigations in place the FAA has found that the operations can be conducted without an 

adverse impact on safety.

The National Ski Areas Association (NSAA) supported Cape Productions receiving an 

amendment to its current exemption. The NSAA attested to the high level of safety that 

current operations Cape Productions’ is conducting at eight resorts. NSAA highlighted that 

Cape’s operations have experienced no incidents and caused no injuries. The NSAA endorses 

Cape Productions’ well developed risk management practices and overall commitment to 

safety. They also further detail that ski areas are well adept in managing guest traffic and 

controlling access to terrain, which is a key part of Cape Productions’ amendment. The FAA 

has included the petitioner’s safety case, petition, and supporting documents in the analysis 

described within this exemption. That analysis includes the risk management practices, safety 

programs, and controlled access terrain.

The Small UAV Coalition commented in support of Cape Productions’ petition. The Small 

UAV Coalition highlights that Cape Productions’ petition adheres to the three conditions that 

the FAA listed in Exemption No. 13465. They believe that the safeguards Cape proposes to 

follow meet these three conditions and are more than adequate to ensure the safety of Cape’s 

operations within 500 feet of the participants and spectators at these sporting events. The FAA 

recognizes the similarity between the operation approved in Exemption No. 13465 and the 

petitioner’s proposed operation in this case. Provisions in Exemption No. 13465 were 

examined and considered in the development of this grant of exemption.

The FAA’s analysis is as follows:

The FAA has organized its analysis into three sections: (1) Unmanned Aircraft Systems 

(UAS), (2) the UAS operating parameters, and (3) the public interest.

Unmanned Aircraft Systems (UAS)

This amendment allows Cape Productions to continue to operate the 3DRobotics X8+ when 

weighing less than 55 pounds including payload as authorized under Exemption No. 11433 

(Apr. 24, 2015). Additionally, the petitioner has requested to operate the 3D Robotics Solo 

and DJI Inspire 1.
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 In accordance with the statutory criteria provided in Section 333 of PL 112-95 in reference 

to 49 USC 44704, and in consideration of the size, weight, speed, and limited operating area 

associated with the aircraft and their operation, the Secretary of Transportation has 

determined that these aircraft meet the conditions of Section 333 and that an airworthiness 

certificate is not required. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, Certification procedures for products and parts, Subpart H – Airworthiness Certificates,

and any associated noise certification and testing requirements of part 36, is not necessary.

Additionally, we have added a condition to this exemption stating that, consistent with 

existing law, the operator will need to obtain a Foreign Aircraft Permit pursuant to 14 CFR §

375.41 if it will be using foreign civil aircraft1in its operations.

UAS Operating Parameters

Operations Near People

For the reasons discussed below, the FAA finds that Cape Productions may allow an 

unmanned aircraft (UA) to fly closer than 500 feet to athletes who are directly participating in 

the intended purpose of the operation (e.g. filming skiing athletes), but may not fly over them.

Cape Productions may allow the UA to fly over people who are directly participating in the 

operation of the UA such as the PIC and the visual observer.

In its petition for exemption, Cape Productions described the following safety mitigations it 

will exercise during UAS operations to film athletic performances on outdoor terrain 

including ski slopes and mountain trails: the small unmanned aircraft will not exceed a speed 

of 50 knots; all operations will take place in a controlled access environment by requiring 

consent via waiver for all individuals entering the resort or when consent is not obtained by 

using physical barriers (such as fencing or natural topographic barriers) to prevent 

unauthorized people from entering the filming area; additional consent forms will be provided 

for individuals whose performances will be filmed; prior to operations a map will be prepared 

which denotes takeoff and landing points, the area of operations, and the fail safe point to be 

used in the event that operations must be immediately terminated. Cape Productions’

operational safety measures include the use of pre-programmed flight plans, signage 

concerning the use of UAS in locations where filming is taking place, and a comprehensive 

security plan. Their safety plan includes; an identified control point from which the PIC will 

conduct operations, processes to cease operations if unauthorized persons, vehicles, or aircraft 

 

1 Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign 

nation, or (b) a U.S.-registered aircraft owned, controlled or operated by persons who are not citizens or 

permanent residents of the United States. 14 CFR §375.1.
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enter the area of operation, and visual arm signals and auditory signals to be used during 

operations to communicate that unauthorized persons have accessed the area.

In Exemption No. 13465A, Kansas State University (KSU) requested to conduct small 

unmanned aircraft training for compensation. Consistent with prior exemptions the FAA 

authorized KSU to conduct operations over people directly participating in the flight of the 

aircraft such as the PIC, students manipulating the aircraft’s controls, and visual observers. 

Additionally, the FAA authorized KSU to operate closer than 500 feet, but not over, 

consenting students who would not be flying the UAS and, due to increased risk of those 

operations, included specific requirements for those operations designed to mitigate such 

risks. Lastly, the FAA required that a UAS may only be operated within 500 feet of a nonparticipating person if barriers or structures are present that sufficiently protect that person 

from the UA and/or debris or hazardous materials such as fuels or chemicals in the event of an 

accident. 

Here, Cape Productions intends to film athletes on outdoor terrain and on mountain trails. 

These activities would pose similar risk to the athletes as the risk posed to the observing KSU 

students who were also within 500 feet of the operation. In KSU the FAA required briefing of 

those students on potential risks and that the students acknowledge and consent to those risks. 

Additionally, the exemption is conditioned upon KSU developing an operations manual to 

document and address operational safety practices and submitting a written plan of activities 

to an FAA Flight Standards District Office to facilitate oversight prior to operating. The FAA 

finds that the risk mitigations included as conditions in the KSU exemption can be 

implemented here to address the similar risks posed to the athletes Cape Productions intends 

to film. Therefore, with those conditions, the FAA has determined that the small UAS may be 

flown within 500 feet of but not over the athletes without an adverse impact on safety.

This exemption does not permit operations within 500 feet of people not participating in the 

operation unless barriers or structures are present that sufficiently protect that person from the 

UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident.

Under these conditions, the operator must ensure that these nonparticipating persons remain 

under such protection for the duration of the operation. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately in a manner that does not cause undue hazard to persons. 

Cape Productions indicated that it would either obtain consent from all individuals entering 

the resort, or, when consent is not obtained prevent people from being within 500 feet of 

sUAS operations with physical barriers (such as fencing or natural topographic barriers). The 

FAA notes that such general consent would not satisfy the conditions in this exemption 
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relating to operating within 500 feet of people which require a specific briefing about the risk 

of the operations and acknowledgement of those risks and consent. Operations may not be 

conducted under this exemption within 500 feet of people who do not meet those 

requirements unless they are protected by barriers or structures as described above.

Additionally, operations for training, proficiency, or experience building for PICs to qualify to 

operate under this exemption must be conducted during dedicated training sessions. 

Operations for training, proficiency, and experience building may not be conducted within 

500 feet of people with the exception of people participating in the safe operation of the UA, 

to ensure the safety of others.

All people associated with the operations must be briefed by the PIC on the potential risk of 

the proposed flight operation(s) and acknowledge and consent to those risks. The FAA uses 

briefings as a means to notify passengers and others of safety information and to risks of 

certain operations. See, e.g., 14 CFR §§ 91.319(d)(1) (advising passengers of experimental 

nature of an aircraft); 136.7 (air tour briefings). The requirement to obtain consent provides 

an additional margin of safety by building upon the briefing requirement to ensure that people 

participating in the intended operation have acknowledged that a UA will be operated within 

500 feet. 

The FAA recognizes that there are additional risks when operating a UA close to people. As 

such the FAA has determined that when conducting these types of operations, the operator 

must have an operations manual addressing the items as specified in the conditions and 

limitations below. Unmanned aircraft operations conducted in close proximity to people (less 

than 500 feet) invoke added safety risks. The requirement to operate in accordance with the 

manual required in the conditions and limitations below, helps ensure that safety will not be 

adversely affected because the operator must document and address operational safety 

practices relevant to its operation. An operations manual must include items such as; the 

operator’s contact information, distribution and revision information, persons authorized, plan 

of activities, permission to operate, security methodology, briefing instructions, flight 

personnel minimum requirements, communications information, and accident notification 

plan. Documented operational safety practices and procedures help ensure a safe and 

repeatable process for conducting flight operations. Formal procedures ensure adequate 

safety guidelines are available and adhered to in normal operational environments, but also 

during emergency circumstances. The operations manual is considered part of the operating 

documents and must be accessible to the PIC during operations. This operations manual is 

based on the requirement in Exemption No.13465A.
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Operators conducting these operations must also submit a written Plan of Activities to the 

local Flight Standards District Office at least 24 hours prior to initiating operations as 

described in the conditions and limitations below. The written plan of activities includes 

pertinent items provided to Flight Standards District Offices. The written plan of activities is 

necessary for Aviation Safety Inspectors to conduct surveillance of activities and ensure 

compliance with the provisions of the authorization and waiver, associated special provisions, 

operations manual, and the plan of activities in accordance with FAA Order 8900.1 to ensure 

the safety of the NAS.

Operations Near Vessels, Vehicles, and Structures

Operations near vessels, vehicles, and structures are those operations in which a UA is 

operated within 500 feet of such objects. To conduct such operations, the PIC must: (1) have 

permission from a person with legal authority over any vessels, vehicles, or structures located 

within 500 feet of the UA’s operating area; and (2) make a safety assessment of the risk of 

operating closer to those objects and determine that no undue hazard would result from the 

operation. 

In the underlying exemption issued to Cape Productions, the FAA required that the UA be 

returned to a pre-determined location within the private or controlled area of operation if the 

UAS loses communication or GPS signal. The FAA has re-examined the situation where the 

GPS signal is lost or the PIC loses communications with the UA and determined that these 

two situations employ unique functions and incur different failure modes. See Exemption No. 

13465 (Oct. 31, 2015). As in that exemption, the FAA has included two separate conditions 

and limitations addressing each situation. In the situation where the UAS uses GPS 

navigation and the GPS signal is necessary to safely operate the UA, the PIC is required to 

immediately recover or land the UA. However, if the UA can be operated safely without a 

GPS signal, the operation may continue. If the PIC loses command or control link with the 

UA, the UA must follow a pre-determined route to either reestablish link or immediately land. 

The modified conditions and limitations preserve the same intent and level of safety, while 

also adding clarity and reducing restrictiveness for the operator.

The FAA Air Traffic Organization (ATO) reviews all proposed UAS operations and evaluates 

the safety of these operations relative to the requested airspace through the existing COA 

process. The majority of current UAS operations occurring in the NAS are being coordinated 

through air traffic control (ATC) by the issuance of a COA. This process not only makes 

local ATC facilities aware of UAS operations, but also provides ATC the ability to consider 

airspace issues that are unique to UAS operations.
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The FAA has issued a COA to this operator, which is attached to this exemption. The COA 

sets the requirements for alerting other users of the NAS to the UAS activities being 

conducted. The conditions and limitations below prescribe the requirement for the petitioner 

to follow the terms of a COA. If the petitioner intends to conduct operations outside of the 

parameters of what is permitted under the attached COA it may apply to the ATO for a new or 

amended COA.

Public Interest

The FAA finds that a grant of exemption is in the public interest. The exemption ensures safe 

progression of UAS integration into the National Airspace System and therefore gives the

FAA good cause to find that the UAS operation enabled by this exemption is in the public 

interest.

The following table summarizes the FAA’s determinations regarding the relief sought by the 

petitioner for its operations and granted by the FAA:

Relief considered (14 CFR) FAA determination (14 CFR)

21 Relief not necessary

45.23(b) Relief not necessary

61.23(a) and (c) Relief granted with conditions and limitations

61.101(e)(4) and (5) Relief granted with conditions and limitations

61.113(a) Relief granted with conditions and limitations

61.133 Relief not necessary

61.3(d)(2)(iii) Relief not necessary

61.315(a) Relief granted with conditions and limitations

91.7(a) Relief granted with conditions and limitations

91.7(b) Relief not necessary

91.9(b)(2) Relief not necessary

91.9(c) Relief not granted

91.103 Relief not granted
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Relief considered (14 CFR) FAA determination (14 CFR)

91.109(a) Relief granted with conditions and limitations

91.119(a) Relief not granted

91.119(b) Relief not granted

91.119(c) Relief granted with conditions and limitations

91.119(d) Relief not necessary

91.121 Relief granted with conditions and limitations

91.151(a)(1) Relief granted with conditions and limitations

91.203(a) and (b) Relief not necessary

91.405(a) Relief granted with conditions and limitations

91.407(a)(1) Relief granted with conditions and limitations

91.409(a)(1) and (2) Relief granted with conditions and limitations

91.417(a) and (b) Relief granted with conditions and limitations

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, 

and 44701, delegated to me by the Administrator, Cape Productions, Inc. is granted an

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.109(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to conduct UAS 

operations according to the conditions and limitations listed below.

Conditions and Limitations

The conditions and limitations within Grant of Exemption No. 11433 have been superseded, 

and are amended as follows.

In this grant of exemption, Cape Productions, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this exemption will be grounds 

for the immediate suspension or rescission of this exemption.
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1. Operations authorized by this exemption are limited to the 3D Robotics X8+, 3D 

Robotics Solo, and DJI Inspire 1 when weighing less than 55 pounds including 

payload and the equipment used to secure the payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this grant.

2. If operations under this exemption involve the use of foreign civil aircraft2the 

operator would need to obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41

before conducting any commercial air operations under this authority. Application 

instructions are specified in 14 CFR §375.43. Applications should be submitted by 

electronic mail to the DOT Office of International Aviation, Foreign Air Carrier 

Licensing Division. Additional information can be obtained via 

https://cms.dot.gov/policy/aviation-policy/licensing/foreign-carriers.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

operator may use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds 

greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. This limitation is in addition to any 

altitude restrictions that may be included in the applicable COA.

5. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations must be conducted in accordance with an ATO-issued COA. The 

exemption holder must apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

6. The PIC must have the capability to maintain visual line of sight (VLOS) at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on that individual’s FAA-issued airman medical 

certificate or valid U.S. driver’s license issued by a state, the District of Columbia, 

Puerto Rico, a territory, a possession, or the Federal Government, to see the UA.

 

2 Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign 

nation, or (b) a U.S.-registered aircraft owned, controlled or operated by persons who are not citizens or 

permanent residents of the United States. 14 CFR §375.1.
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7. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the VO at all times. The VO must use human vision 

unaided by any device other than corrective lenses to see the UA. The VO and the PIC 

must be able to communicate verbally at all times. Electronic messaging or texting is 

not permitted during flight operations. The PIC must be designated before the flight 

and cannot transfer his or her designation for the duration of the flight. The PIC must 

ensure that the VO can perform the duties required of the VO.

8. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this exemption, 

are hereinafter referred to as the operating documents. The operating documents must 

be accessible during UAS operations and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations in this 

exemption, the applicable ATO-issued COA, and the procedures outlined in the 

operating documents, the most restrictive conditions, limitations, or procedures apply 

and must be followed. The operator may update or revise its operating documents as 

necessary. The operator is responsible for tracking revisions and presenting updated 

and revised documents to the Administrator or any law enforcement official upon 

request. The operator must also present updated and revised documents if it petitions 

for extension or amendment to this exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted this exemption, 

then the operator must petition for an amendment to its exemption. The FAA’s UAS 

Integration Office may be contacted if questions arise regarding updates or revisions 

to the operating documents.

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights must be conducted by a PIC with a VO and other personnel

required to conduct the functional flight test (such as a mechanic or technician) and 

must remain at least 500 feet from all other people. The functional test flight must be 

conducted in such a manner so as to not pose an undue hazard to persons and property.

10. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

11. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 
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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.

12. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. Each UAS operated under this exemption must comply with all 

manufacturer safety bulletins.

13. PIC certification: Under this exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 14 

CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in 

a manner consistent with how it will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures before operating non-training, proficiency, or 

experience-building flights under this exemption. PIC qualification flight hours and 

currency may be logged in a manner consistent with 14 CFR § 61.51(b), however 

UAS pilots must not log this time in the same columns or categories as time accrued 

during manned flight. UAS flight time must not be recorded as part of total time.

Under all situations, the PIC is responsible for the safety of the operation. The PIC is 

also responsible for meeting all applicable conditions and limitations as prescribed in 

this exemption and ATO-issued COA, and operating in accordance with the operating 

documents. All training operations must be conducted during dedicated training 

sessions and may or may not be for compensation or hire. The operation must be 

conducted with a dedicated VO who is no collateral duties and is not the PIC during 

the flight. The VO must maintain visual sight of the aircraft at all times during flight 

operations without distraction in accordance with the conditions and limitations below. 

Furthermore, the PIC must operate the UA not closer than 500 feet to any 

nonparticipating person without exception.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.
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16. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. For UAS operations where GPS signal is necessary to safely operate the UA, the PIC 

must immediately recover/land the UA upon loss of GPS signal.

18. If the PIC loses command or control link with the UA, the UA must follow a predetermined route to either reestablish link or immediately recover or land.

19. The PIC must abort the flight operation if unpredicted circumstances or emergencies

that could potentially degrade the safety of persons or property arise. The PIC must 

terminate flight operations without causing undue hazard to persons or property in the 

air or on the ground.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable.

22. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request.

23. The UA must remain clear of and give way to any manned aircraft at all times.

24. The UAS may not be operated by the PIC from any moving device or vehicle.

25. All flight operations must be conducted at least 500 feet from all persons, vessels, 

vehicles, and structures unless when operating:

a. Over or near people directly participating in the operation of the UAS. 

People directly participating in the operation of the UAS include the PIC, VO, 
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and other consenting personnel that are directly participating in the safe 

operation of the UA.

b. Near but not over people directly participating in the intended purpose of the 

UAS operation. People directly participating in the intended purpose of the 

UAS includes athletes who must be briefed on the potential risks and 

acknowledge and consent to those risks. Operators must notify the local Flight 

Standards District Office (FSDO) with a plan of activities at least 24 hours 

prior to flight operations.

c. Near nonparticipating persons. Except as provided in subsections (a) and (b) 

of this section, a UA may only be operated closer than 500 feet to a person 

when barriers or structures are present that sufficiently protect that person from 

the UA and/or debris or hazardous materials such as fuel or chemicals in the 

event of an accident. Under these conditions, the operator must ensure that the 

person remains under such protection for the duration of the operation. If a 

situation arises where the person leaves such protection and is within 500 feet 

of the UA, flight operations must cease immediately in a manner that does not 

cause undue hazard to persons.

d. Near vessels, vehicles and structures. Prior to conducting operations the 

operator must obtain permission from a person with the legal authority over 

any vessels, vehicles or structures that will be within 500 feet of the UA during 

operations. The PIC must make a safety assessment of the risk of operating 

closer to those objects and determined that it does not present an undue hazard.

26. All operations shall be conducted over private or controlled-access property with 

permission from a person with legal authority to grant access. Permission will be 

obtained for each flight to be conducted.

27. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office within 24 hours. Accidents must be reported to 

the National Transportation Safety Board (NTSB) in accordance with its UAS 

accident reporting requirements.

For operations conducted closer than 500 feet to people directly participating in the intended 

purpose of the operation, not protected by barriers, the following additional conditions and 

limitations apply:

28. The operator must have an operations manual that contains at least the following 

items, although it is not restricted to these items.

a. Operator name, address, and telephone number.
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b. Distribution and Revision. Procedures for revising and distributing the operations 

manual to ensure that it is kept current. Revisions must comply with the applicable 

conditions and limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly 

participating in the safe operation of the UAS. The operations manual must include 

procedures to ensure that all operations are conducted at distances from persons in 

accordance with the conditions and limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the 

submission of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and 

procedures that the operator will use to obtain permission to operate over property

or near vessels, vehicles, and structures in accordance with this exemption.

f. Security. The manual must specify the method of security that will be used to 

ensure the safety of nonparticipating persons. This should also include procedures 

that will be used to stop activities when unauthorized persons, vehicles, or aircraft 

enter the operations area, or for any other reason, in the interest of safety.

g. Briefing of persons directly participating in the intended operation. Procedures 

must be included to brief personnel and participating persons on the risks involved, 

emergency procedures, and safeguards to be followed during the operation. 

h. Personnel directly participating in the safe operation of the UAS Minimum 

Requirements. In accordance with this exemption, the operator must specify the 

minimum requirements for all flight personnel in the operating manual. The PIC at 

a minimum will be required to meet the certification standards specified in this 

exemption.

i. Communications. The operations manual must contain procedures to provide 

communications capability with participants during the operation. The operator 

can use oral, visual, or radio communications as along as the participants are

apprised of the current status of the operation.

j. Accident Notification. The operations manual must contain procedures for 

notification and reporting of accidents in accordance with this exemption.

In accordance with this exemption, the operating manual and all other operating 

documents must be accessible to the PIC during UAS operations.

29. At least 24 hours prior to operations, the operator must submit a written Plan of 

Activities to the local Flight Standards District Office having jurisdiction over the 

proposed operating area.

The Plan of Activities must include at least the following:
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a. Dates and times for all flights. For seasonal or long-term operations, this can 

include the beginning and end dates of the timeframe, the approximate frequency 

(e.g. daily, every weekend, etc.), and what times of the day operations will occur. 

A new plan of activities must be submitted prior to each season or period of 

operations.

b. Name and phone number of the on-site person responsible for the operation.

c. Make, model, and serial or N-Number of each UAS to be used.

d. Name and certificate number of each UAS PIC involved in the operations.

e. A statement that the operator has obtained permission from property owners. 

Upon request, the operator will make available a list of those who gave 

permission.

f. Signature of exemption holder or representative stating the plan is accurate.

g. A description of the flight activity, including maps or diagrams of the area over 

which operations will be conducted and the altitudes essential to accomplish the 

operation.

In accordance with this exemption, the Plan of Activities and all other operating 

documents must be accessible to the PIC during UAS operations. A new Plan of 

Activities must be submitted should there be any changes to items (a) through (g).

Unless otherwise specified in this exemption, the UAS, the UAS PIC, and the UAS operations 

must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 

61, and 91.

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Issued in Washington, DC, on December 29, 2015.

/s/

John S. Duncan