METRODRONE, LLC 

Seeing the world in a whole new way 

November 19, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Filed with www.regulations.gov 

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Subject: Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations 

Dear Sir/Madam: 

I, Spencer A Cabral dba MetroDrone, LLC, respectfully request exemption under 

Section 333 to operate efficient, limited, low-risk commercial sUAV operations for (but 

not limited to) the activities below; 

• Real estate inspections, tours, evaluation, and marketing 

• Damage inspections 

• Advertising and marketing photography and videography 

• Consumer market applications 

• Corporate media productions 

• News media collaboration 

• Assist authorities in search and rescue operations 

• Police and fire incidence assistance 

The Business Insider newsletter states; 

The global commercial drone market will take shape around applications in a handful of 

industries: agriculture, energy, utilities, mining, construction, real estate, news media, 

and film production. A growing ecosystem of drone software and hardware vendors is 

already catering to a long list of clients in agriculture, land management, energy, and 

construction. Many of the vendors are smallish private companies and startups. 

Most growth in the drone industry is on the commercial/civilian side, as the shift away 

from the military market gains momentum. The market for commercial/civilian drones 

will grow at a compound annual growth rate (CAGR) of 19% between 2015 and 2020, 

compared with 5% growth on the military side. 

'.' ....... 
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Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act),and 14 C.F.R. Part 11. 333, Spencer Cabral dba MetroDrone, LLC is· applying to 

conduct business as a planned aerial video and photography company operating a 

Small Unmanned Aircraft System (sUAS) equipped to conduct aerial surveillance, 

photography and videography for various applications, hereby applies for an exemption 

from the Federal Aviation Regulations (FARs) listed below to allow operation of our 

sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA), 

so long as such operations are conducted with and under the conditions outlined herein 

or as may be established by the FAA as required by Section 333. 

Regulations from which the exemption is requested: 

• 14 C.F.R. Part21 · 

• 14 C.F.R. 45.23 

•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. 91.9 

•14 C.F.R. 91.109(a) 

• 14 C.F.R. 91.119 

• 14 C.F.R. 91.121 

•14 C.F.R. 91.151(a) 

• 14 C.F.R. 91.203 

•14 CFR Subpart E (91.401- 91.417) 

Full regulation descriptions and exemption requests are listed in Annex A of this 

document. 

The requested exemption would permit Spencer Cabral, dba MetroDrone, LLC to 

pursue commercial interests in providing services to clients interested aerial 

videography and photography using a small advanced sUAS within the FAA sUAS 

regulations and restrictions. 

1. APPLICATIONS 

Within state, local and federal laws and FAA regulations the following sUAS applications 

will be offered. Based on consumer needs and requests, other services not listed below 

may be considered (within the scope of FAA 333 exemption restrictions.) 

Tours, evaluation, and marketing 

With low a'titude close range aerial photography real estate agents can have a 

competitive edge in presenting properties and attracting potential clients. Listings can 

be set apart from the competition with high resolution videography and still photography. 

Drone photography is also applicable to providing video tours for schools and 

institutional campuses. 
Construction projects 

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Drone photography can help in the evaluation and document construction progress and 

identify issues that cannot be evaluated from a ground view perspective. 

Damage inspections 

Close range, low altitude sUAV remote aerial inspection is a powerful cost effective safe 

alternative to risking the crew of a manned helicopter in some tight or otherwise risky 

locations. A drone is capable of capturing high resolution digital images feet away from 

the problem getting clients a close up view of the damage allowing a more accurate 

assessment without the risk of human life and is a powerful tool as an alternative to a 

helicopter. Drone operators can work with insurance companies to inspect damage and 

significantly reduce the lag time normally associated with claim inspections. 

Advertising and marketing photography and videography 

Drones offers an untapped platform for marketing and advertising agencies. Drones can 

provide a cost effective way to produce high quality low aerial footage. 

Consumer market applications 

There are limitless consumer market applications for drone technology ranging from 

weddings to creative portraiture. Additionally, sUAV video and photography can help 

land and farm owners survey their property. 

Journalistic collaboration 

Within regulatory restrictions sUAV photography can be used for journalistic purposes 

with news companies and other media outlets. 

First responder, police and fire assistance 

Working with search and rescue responders drones can search vast areas of missing 

persons and crime victims in need of rescue. Drones can provide real-time visual 

information and data in the aftermath of an earthquake or hurricane, or provide a first 

responder an eye in the sky to find a lost child or hiker. When a disaster or incident 

threatens lives and livelihoods, emergency responders require information and real-time 

imagery in order to make better decisions. A drone can provide situational awareness 

over a large area quickly, reducing the time and the number of searchers required to 

locate and rescue an injured or lost person, greatly reducing the cost of search and 

rescue missions. Drones can be the first eyes in the sky- immediately after an incident, 

letting first responders know precisely where to direct resources. The possibilities for 

helping ensure public safety are endless. 
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Property Inspections 

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Real property owners, management companies and inspectors will be able to greatly 

reduce the time required to complete and increase the accuracy of property inspections. 

sUAV's are able to inspection building envelope elements such as the roof, walls, 

decks, and HVAC systems. In addition, parking areas, open space areas and other 

structures can be inspected in a fraction of the time now needed to complete such 

tasks. Industrial applications can include inspection of the installations and maintenance 

of solar panels, cooling towers, critical infrastructures, wind turbines and bridges. 

2. CHARACTERISTICS OF THE AIRCRAFT 

The OJI Phantom 3 Professional is a small and light (take-off weight of under 55 

pounds) performs precision aerial mapping missions thanks to the onboard GPS and 

the related flight management software, including a monitor on the controller that 

receives footage from the camera in real time. This allows the operator to safely and 

efficiently plan a flight path, and monitor it in real-time. The four main characteristics of 

the Phantom 3 Professional are: 

a. Very light weight. The Phantom 3 Professional is so light that the operator can launch 

it from any flat surface, let it land on almost any surface without requiring a parachute or 

landing net (belly land). Its low kinetic energy also significantly reduces the risk of 

hazardous situations. 

b. Electric-powered. The Phantom 3 Professional is electric-powered brushless motor 

technology makes it silent and reliable. Due to the lack of combustible fuels onboard 

means fewer complications in the event of an emergency. 

c. Semi-automatic flight. The artificial intelligence incorporated within the Phantom 3 

Professional autopilot system continuously analyzes data from the onboard GPS and 

takes care of all the aspects of the flight under the supervision of the operator. 

d. Option for Manual control. Additionally, the Phantom 3 Professional provides an 

override capability that allows the operator to take manual actions during the flight (Go 

to Home, Go Land, Hold and Resume the mission) and also suspend automated 

operations and take manual control of the aircraft should it become necessary to 

respond emergent circumstances, thanks to the remote controller provided with the 

system. 
OPERATING CONDITIONS 

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Grant of the exemption to Spencer Cabral dba MetroDrone, LLC for the DJI Phantom 3 

Professional, who will be subject to the following operating conditions, based on the _ 

operating conditions set forth by the User Manual (see Annex 8), and the factors the 

FAA is to consider under section 333.The main .restrictions are summarized below: 

• Operations to be conducted over private, controlled-access, or public property where 

• Approved. Private property sUAS flights will occur with the property owner's prior 

consent and knowledge and that only people who have consented or otherwise have 

agreed to be in the area where recording will take place will be filmed. 

• Permission from the land owner/authority required before commencing any flight; 

• Operations over congested areas shall be avoided; 

• Operations must not interfere with manned aircraft operations, must yield the right of 

way to manned aircraft, and operators must See & Avoid other aircraft and obstacles 

at all times; 

• Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and 

daylight hours; 

• Aircraft operations must remain within Visual Line of Sight (VLOS) and will be 

visually monitored at all times; 

• VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles and a flight 

ceiling preprogrammed at 400 feet AGL; 

• All operations conducted within 5 miles from an airport shall·only be initiated after 

verbal coordination with the airport authority, or air traffic control when a control 

tower is present at the airport; 

• All operations shall comply with required permissions and permits established by 

territorial, 

• State, county or city jurisdictions; including local law enforcement, fire, or other 

appropriate governmental agencies; 

• The DJI Phantom 3 Professional operations will be compliant with existing safety 

procedures inherent to the activities of the related company. 

• Due to the geographic locations of work type, most surveying will be completed in 

areas away from airports and/or highly populated areas. 

• The pilot in command (PIC) will have spent significant time with the sUAV thoroughly 

inspecting and flying the unit in a controlled environment. The PIC of the unit will 

also be required to keep a visual line of sight of the unit at all time by operating from 

the closest highest point on the landscape. Also, no flights will take place until the 

pre-flight checklist has been completed by the PIC. 
FAA RULES AND REGULATIONS ADHERENCE 

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WHEREFORE, in accordance with the Federal Aviation Regulations arid the .FAAModernization and Reform Act of 2012, Section 333, Spencer Cabral, dba MetroDrone, 

LLC respectfully requests that the Administrator grant this Petition for an exemption 

from the requirements of 14 C.F.R Sections 14 C.F.R. Part 21, 14 C.F.R. 45.23, 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. 91.9, 14 

C.F.R. 91.109(a), 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151(a),14 C.F.R. 

91.203 and 14 CFR Subpart E (91.401 - 91.417) and permit Spencer Cabral, dba 

MetroDrone, LLC to operate the DJI Phantom 3 UAS commercially for the purpose of 

conducting aerial video and photography over certain areas of the United States. 

I, Spencer Cabral dba MetroDrone, LLC, agree to abide and adhere to FAA rules and 

regulations governing the use of sUAS in order to be granted a FAA 333 exemption. All 

operations will be conducted in accordance with a Certificate of Waiver or Authorization 

("CO A"). 

Respectfully submitted, 

~_p 

Spencer A Cabral 

155Rose Hill Rd 

Portland, CT 06480 

(860) 368-0047 

Attachments: 

ANNEX A -EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

ANNEX 8: LINK TO DJI DJI PHANTOM 3 PROFESSIONAL USER MANUAL 

ANNEX C: LINK TO DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS. 
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ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS. 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION . . .. . ' . . ~ : f 

Spencer Cabral, dba MetroDrone; LLC requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the operation of the DJI Phantom 

3 Professional: 

14 C.F.R Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a). Given the size of the OJI Phantom 3 

Professional, it is small (59cm diagonally including propellers} lightweight (under 55 pounds) 

and the limited operating area associated with its utilization, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed 

current safety levels. Such an exemption meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of 

the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the UAS involved. An analysis of these different 

criteria demonstrates that the DJI Phantom 3 Professional operated without an airworthiness 

certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, 

than a conventional aircraft with an airworthiness certificate. 

14 CFR § 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including !he word "EXPERIMENTAL" in. the placard on. 

the top of the aircraft, as shown above , where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation . Additionally, we feel 

that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a high 

contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 

inches high or greater. Since the aircraft will operate within 1 NM of the ground station, the 

banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 

14 CFR § 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. The regulation provides that no person that holds a 

Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. 
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Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in ·connection 

with any business or employment if: (1) The flight is only incidental to that business or · 

employment; and (2) The aircraft does not carry passengers or property far· compensation or 

hire. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 

61.113 Subparagraph (b) even though the intent of this application is to conduct a·business. 

14 C.F.R § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

The regulation provides that no person may serve as a required pilot flight crew member of a 

civil aircraft of the United States, unless that person: ( 1) Has a pilot certificate or special 

purpose pilot authorization issued under this part in that person's physical possession or readily 

accessible in the aircraft when exercising the privileges of that pilot certificate or authoriz~tion. 

However, when the aircraft is operated within a foreign country, a pilot license issued by that 

country may be used. The regulation provides also that no person that holds a private pilot 

certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) 

allows a private pilot to act as pilot in command of an aircraft in connection with any business or 

employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the OJI Phantom 3 Professional, and the fact that the missions are 

monitored in real-time, we request waiving of this regulation. · ' ' 

14 CFR § 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. · 

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation 

is inapplicable. 

14 CFR § 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight. 

14 CFR § 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. 

The regulation states "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System 

groundbased control station consists of a small hand-held radio transmitter and while it does not 

offer a second set of "controls", the DJI Phantom 3 Professional does offer a "Smart" flying 

mode that consists of a gee fence. This gee fence prevents the sUAV from traveling no further 

than Y2 mile away from the operator. The DJI Phantom 3 Professional has a "return to home" 
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feature that automatically flies and lands itself back to the original take off point. It also features 

a "failsafe return" feature, where if ~ommunications are lost with the controller, the OJI Phantom 

3 Professional will automatically return to its point-of-origin and safely larip. Any; new PIC, which 

has completed an FAA approved ground school ?lnd .holds the proper class level airman medical 

certificate, will fly in "smart'~ mode in a controlled environment until deemed safe to operate the 

unit on his/her own. · · 

14 CFR § 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS 

would be photography or survey of persons, vessels, vehicles or structures it would be 

necessary to operate closer than 500 feet to the items listed. Operations will only be flown over 

property or persons where permission has been obtained and careful pre-planning has been 

conducted. The aircraft will be operated at a low aUitude allowing,.if a power unit fails, an · 

emergency landing without undue hazard to persons or property on the surface. Therefore I 

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is 

minimal compared to manned aircraft, which should be considered in granting the exemption. 

14 CFR § 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 1 00 NM of. the aircraft. The sUAS will always fly below 400 feet AGL and 

will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An · 

Above Ground Level altimeter measurement above· the takeoff point is transmitted via radio 

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly 

updated AGL readout. 

14 CFR § 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 23 minutes. Since the aircraft will never be flown 

more than 1.2 NM from the point of intended landing, a full battery charge at launch will ensure 

that we meet the reserve energy requirement of this paragraph. Further, a "bingo" calculation .•. 

will be conducted and monitored to ensure the sUAS can safely return to its point-of-origin 

without undue risk exposure. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy". 

,· 
14 CFR § 91.203 (a) & (b) Civil aircraft: Certifications required. 

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The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." Without a storage compartment, and 

weighing 1280g (including battery and propellers), the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or crew. 

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at 

the ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and registration certificates be 

permanently affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR § 45.23. 

14 CFR Subpart E (§ 91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations. 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service". The 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the aircraft, the PIC can ensure an equivalent level of safety. 

ANNEX B: DJI PHANTOM 3 PROFESSIONAL USER MANUAL. 

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manuai_V1.6.pdf 

ANNEX C: DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS. 

http://www.dji.com/productlphantom-3/spec