April 24, 2015

Exemption No. 11433

Regulatory Docket No. FAA–2015–0223

Ms. M. Anne Swanson

Cooley LLP

1299 Pennsylvania Avenue NW, Suite 700

Washington DC 20004

Dear Ms. Swanson:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated January 27, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Cape Productions, Inc. (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct video filming and observations.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a 3DRobotics X8+.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 
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finds that 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.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) 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, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our 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), 91.119(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 operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

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 grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.
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1. Operations authorized by this grant of exemption are limited to the 3DRobotics X8+

when weighing less than 55 pounds including payload. Proposed operations of any 

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

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

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

exemption holder 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.

5. The UA must be operated within visual line of sight (VLOS) of the PIC 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 the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. 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; 

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.

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

operations in accordance with the conditions and limitations stated in this grant of 

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 and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present 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 grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 
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the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. 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 may only be conducted by a PIC with a VO and must remain at 

least 500 feet from 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.

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

in a condition for safe operation.

10. 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 

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.

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

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

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of 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. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 
5

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

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 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

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

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

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

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

22. 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 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. 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. 
6

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. 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 ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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 (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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 
7

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

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

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of 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.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
/ 

f 

, 

cool ex 

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 

Jake Troutman 

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 under the 

Freedom of Information Act, are being filed under separate cover. 

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Cool ex 

M . Anne Swa nson 

T: + 1 202 776 2534 

aswanson@cooley.com 

January 27, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Exemption Request Under Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations 

Ladies and Gentlemen: 

Pursuant to Section 333 of the 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 principally for purposes of recording video of performances by athletes on outdoor terrain, 

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, 

except to the 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 11062 through 11067, 11080, 11109 through 11112, 11114, 11136, and 

11138. 

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U.S. Department of Transportation 

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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 

of safety. Approval of this 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 of the 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) 

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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 of safety, and are in 

the public interest. Appendix B provides the requisite Federal Register summary. 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 for the 30Robotics X8+. 

SECTION 333'S LEGAL STANDARD 

Grant of this exemption application for use of the 3D Robotics X8+ for purposes of obtaining and 

recording video of athletic performances will advance the Congressional mandate in Section 

333 of the 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 of the Reform Act. In doing 

so, the Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the 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 that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the 

conditions proposed herein require modification in order to allow approval, to supply 

conditions for the safe operation of the UAS. Cape requests the opportunity to consult with the 

FAA staff to address any issues or concerns that they believe may require such modification. 

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The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this 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; 14 C.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 that the FAA grant the requested exemption without delay.5 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that 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 of sUAS aircraft at these locations. 

5 In filing this application, Cape also requests that the FAA combine the grant of the Section 333 

exemption with a stand-alone Certificate of Operation ("COA'') that will allow commercial 

operations of the 3D Robotics X8+ without the necessity of filing for a COA for each flight. 

Compliance with the conditions agreed to herein and that may be imposed by the FAA, as set 

forth in prior Section 333 exemptions, provide the separation needed from other aircraft. 

Notice to airmen and notice to air traffic control can be provided by the filing of a NOT AM as 

set forth within the proposed conditions. 

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National Security. Grant of this 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 of this 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 of 6,000 lbs. and carry 

large amounts of jet A or other fuel. Such aircraft also must fly 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 of the risk associated with use of conventional aircraft for this purpose, 

given that the sUAS does not use flammable fuel and the much lower mass of the 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, rather than 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 of the exemptions requested herein. These lightweight aircraft operate at slow speeds, 

close to the ground, and in areas that are under the control of the operator. As a result, they 

are far safer than conventional operations conducted with manned aircraft operating in close 

proximity to 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 of the 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. 

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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 of this request. 

Please contact undersigned counsel if you have any questions. 

Very · uly yours, 

I /} A_ 

I I u /1 IV' /[/£.·+-----._ 

M. Anne Swanson 

Cooley LLP 

Counsel for Cape Productions, Inc. 

John McGraw 

ra~Aerospace ~ Consulting, LLC 

Agent for Cape Productions, Inc. 

cc: James Williams 

Robert Pappas 

Jake Troutman 

Dean Griffith, Esquire 

Thuy H. Cooper 

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APPENDIX 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 may technically apply to the operation of the 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 pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the 3DRobotics X8+ in this case 

is remotely controlled with no passengers or property of others on board. Section 61.133(a) 

requires an individual with a commercial pilot's license to be pilot in command of any aircraft 

for compensation or hire. Cape respectfully proposes that operator requirements should take 

into account the characteristics of the particular UAS. Cape's 3D Robotics X8+ has a high degree 

of pre-programmed control and various built-in technical capabilities that strictly limit the 

potential for operation outside of the operating conditions set forth in the exemption 

application. 

The 3DRobotics X8+ has a navigation and control system capable of conducting preprogrammed missions. Flights are pre-programmed with precision GPS guidance and, although 

monitored by the PIC and Observer, do not require human intervention. The aircraft also can 

operate in guided mode, in which the aircraft will fly to a location designated by the operators. 

In the case of unplanned events, the operator can manually intervene to take one of the 

following actions: (i) command the aircraft to begin a return to the recovery area and land; 

(ii) command the aircraft to conduct a return to the recovery area where the pilot will assume 

control and land the aircraft; or (iii) manually assume control of the aircraft via the hand 

controller and return the craft to the recovery area where the operator lands it manually. 

Additional automated safety functions and safety enhancing features of the 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 at the current location. 

• If the aircraft detects a lost-link to the ground control station, it will return to the launch 

point and land. 

• If the aircraft exceeds an altitude of 400ft. AGL or goes more than 2 km from its launch 

point (except if it is in GPS failsafe modeL it will return to the launch point 

automatically. 
Given these safety features, Cape proposes that operators of the 3D Robotics X8+ should not be 

required to hold a commercial pilot certification. Instead, operators should be required to hold 

only a private pilot certification. 

The risks associated with the operation of the 3DRobotics X8+ (given its size, speed, operational 

capabilities, and lack of combustible 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 of the UAS as set forth above meets or exceeds the present 

level of safety provided under 14 C.F.R. § 61.113{a) & (b) and does not rise to the level of 

requiring a commercial pilot to operate the aircraft under§ 61.133{a). 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the 3D Robotics X8+ with a private pilot's certificate, under the conditions 

set forth in the exemption request. The FAA has granted exemptions to conduct similar 

operations in Exemptions 11062 through 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 a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the 3DRobotics 

X8+ without an airworthiness certificate, no standard will exist for airworthiness ofthe 

3DRobotics X8+. Given the size of the aircraft and the requirements that the operator has 

agreed to as relates to airworthiness, as set forth in the attached manuals, an equivalent level 

of safety will be achieved by ensuring compliance with the Cape manuals prior to each flight. 

The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 

11067, 11080, 11109, 11110, 11136, and 11138. 

14 C.F.R. § 91.119(c): Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119{c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the 3D Robotics X8+ will never operate at higher than 400 feet AGL. It will, 

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 of safety will be achieved given the size, weight, speed, and material with 

which the 3DRobotics X8+ is built. Also, no flight will be taken without the permission ofthe 

landowner or those who control the land as well as local officials. Because of advance notice to 

the landowner, all affected individuals will be aware of and will have signed waivers consenting 

2 
to the flights. Cape will ensure that the 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 of the UAS will maintain separation between these smaii-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 1110, 

11136, and 11138. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR 

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} During the day, 

to fly after that for at least 30 minutes; or (2} At night, to fly after that for at least 45 minutes." 

The batteries powering the 3DRobotics X8+ provide approximately 15 minutes of powered 

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 of those proposed operations, 

a longer time frame for flight in daylight VFR conditions is reasonable. Cape will not initiate 

flight unless (considering wind and forecast weather conditions) there is enough power to 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 of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with 91.151(a)). Operating the small UAS without 30 minutes of reserve fuel does 

not engender the type of risks that Section 91.151(a} was meant to prevent given the size and 

speed at which the UAS operates. The level of safety 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 event that the 3DRobotics X8+ achieves a low battery state 

(13.5 volts), it would 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 of the 3DRobotics X8+ achieve an equivalent level of safety. 

Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 

10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, 11112, 11136, 

11138, and 11150. 

3 
14 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 E of this part and shall between required inspections, except as 

provided in paragraph (c) of this 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 for the issuance of an airworthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service. 

Maintenance ofthe 3D Robotics X8+ will be accomplished by the owner/operator pursuant to 

the manuals attached as confidential exhibits. An equivalent level of safety will be achieved 

because the UAS is small and light, will carry a small payload, will operate only in restricted 

predetermined areas and is not a complex mechanical device. As provided in the attached 

manuals, the operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance that is performed; 

moreover, the operator is the person most familiar with the aircraft and is best suited to 

maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The 

FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 

11109, 11110, 11112, 11136, and 11138. 

4 
APPENDIX B 

SUMMARY OF CAPE SECTION 333 EXEMPTION REQUEST 

For publication in the Federal Register, Cape hereby provides pursuant to Part 11 a summary of 

its exemption application to allow commercial operation of the 3D Robotics X8+ unmanned 

aircraft for purposes of recording video of performances by athletes on outdoor terrain, 

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 under an FAA issued exemption include: 

1. Operations of the 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 Air Traffic 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 other than corrective lenses, as specified on the PIC's FAA-issued airman medical 

certificate. 

5. All operations must utilize a visual 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 of the 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. If a 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 

follow the 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 confidentiality the flight operations manual and an 

aircraft flight manual for the 3DRobotics X8+ ("manuals"). 
petitions for an extension or amendment of 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 amendment to its exemption. 

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the 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 

or flight characteristics, e.g., replacement of a flight 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 of the 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, including total flight hours, description 

of work accomplished, and the signature of the authorized technician returning the UAS 

to service. 

12. The authorized technicians must receive and document training referenced in the 

manuals. 

13. Each UAS operated under the 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 a third-class airman medical 

certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. 

61.56 as to the UAS. 

2 
16. The operator may not permit any PIC to operate unless that PIC has demonstrated 

through Cape's training and currency requirements that the PIC is able to safely operate 

the UA in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles, and structures. 

17. If the 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 abort the 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 power to at normal cruising speed to the intended 

landing point and land the UA with 25% battery power remaining. 

20. The operator will file a request for a Notice to Airmen (NOT AM) not more than 72 hours 

in advance, but not less than 48 hours prior to 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 of the UA must comply with 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 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. 

24. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.). 

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

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1. 

27. All operations must be conducted under visual meteorological conditions ("VMC"). 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. 

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28. During operations in Class G airspace, the UA may not operate within 5 nautical miles of 

the geographic center of an airport as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport's management is obtained, and the 

operation is conducted in accordance with a NOT AM as required by the operator's COA. 

The letter of agreement with the airport management must be made available to the 

Administrator upon request. 

29. The UA may not be operated over congested or densely populated areas unless the 

conditions set forth in #31 are satisfied. These populated areas include, but are not 

limited to, the yellow areas depicted on World Aeronautical Charts ("WAC"), Sectional 

Aeronautical Charts ("Sectionals"), or Terminal Area Charts ("TAC''). However, 

aeronautical charts may not reflect pertinent local information. Ultimately, it is the 

PIC's responsibility to maintain the minimum safe altitudes required by§ 91.119. 

30. Operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than 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 of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a 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 

of the risk of operating closer to those objects; and 

c. operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 

§ 91.119(a). 

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

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, or flight operation that 

transgresses the lateral or vertical 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