# METRODRONE, 

# LLC Seeing the worldin a 

### whole newway

November 19, 2015 U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 Filed with www.regulations.gov I 

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### Subject: Petition for Exemption Under Section 333 ofthe FAA Reform Act and Part 11 ofthe FederalAviation Regulations Dear Sir/Madam: I, SpencerA 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 Insidernewsletterstates; The globalcommercialdrone market willtake shape aroundapplications in a handfulof industries: agriculture, energy, utilities, mining, construction, real estate, news media, andfilm production. A growing ecosystem ofdrone software andhardware vendors is alreadycatering to a long listofclients in agriculture, landmanagement, energy, and construction. Manyofthe vendors are smallish private companies andstartups. Mostgrowth in the drone industryis on the commercial/civilian side, as the shiftaway from the militarymarketgains momentum. The marketforcommercial/civilian drones willgrowata compoundannualgrowth rate (CAGR) of 19% between 2015 and2020, compared with 5% growth on the militaryside.

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### Pursuantto Section 333 ofthe 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 aerialvideo and photography company operating a Small Unmanned Aircraft System (sUAS) equipped to conduct aerial surveillance, photography and videography forvarious applications, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed belowto allow operation ofour sUAS commercially in airspace regulated bythe Federal Aviation Administration (FAA), so long as such operations are conducted with and underthe conditions outlined herein or as may be established bythe 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 AnnexA ofthis 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 FAAsUAS 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, otherservices not listed below may be considered (within the scope of FAA 333 exemption restrictions.) Tours, evaluation, and marketing With lowa'titude close range aerial photography real estate agents can have a competitive edge in presenting properties and attracting potential clients. Listings can be set apartfrom the competition with high resolution videography and still photography. Drone photography is also applicableto providing video tours for schools and institutional campuses.

### Construction projects METRODRONE, LLC Seeingthe world in a whole new way Page3



### 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, lowaltitude sUAV remote aerial inspection is a powerful cost effective safe alternative to risking the crewofa manned helicopter in some tight or otherwise risky locations. A drone is capable ofcapturing high resolution digital images feet away from the problem getting clients a close up view ofthe damage allowing a more accurate assessmentwithout the risk of human life and is a powerful tool asan alternative to a helicopter. Drone operators can work with insurance companies to inspect damage and significantly reducethe lag time normally associated with claim inspections. 

### Advertising and marketing photographyand videography Drones offers an untapped platform for marketing and advertising agencies. Drones can provide a cost effectiveway to produce high quality low aerial footage. 

### Consumermarketapplications There are limitless consumer market applications for drone technology ranging from weddings to creative portraiture. Additionally, sUAVvideo and photography can help land and farm owners survey their property. 

### Journalistic collaboration Within regulatory restrictions sUAV photography can be used forjournalistic 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 ofan earthquake or hurricane, or provide a first responder an eye in the sky tofind a lost child or hiker. When a disaster or incident threatens lives and livelihoods, emergency responders require information and real-time imagery in orderto make betterdecisions. A drone can provide situational awareness over a large area quickly, reducing the time and the numberofsearchers required to locate and rescue an injured or lost person, greatly reducing the cost ofsearch and rescue missions. Drones can be thefirst eyes in the sky- immediately after an incident, letting first responders know preciselywhere to direct resources. The possibilitiesfor helping ensure public safety are endless.

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Property Inspections METRODRONE, LLC Seeing the worldin a wholenewway Page4



### Real property owners, management companies and inspectors will be able to greatly reduce thetime required to complete and increase the accuracy ofproperty inspections. sUAV's are able to inspection building envelope elements such asthe roof, walls, decks, and HVAC systems. In addition, parking areas, open space areas and other structures can be inspected in afraction ofthe time now needed to complete such tasks. Industrial applications can include inspection ofthe installations and maintenance ofsolar 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-offweight ofunder 

### 55 pounds) performs precision aerial mapping missions thanks to the onboard GPS and the related flight management software, including a monitor on the controllerthat receives footage from the camera in real time. This allows the operatorto safely and efficiently plan a flight path, and monitor it in real-time. Thefour main characteristics of the Phantom 3 Professional are:

a. Very lightweight. The Phantom 3 Professional is so lightthatthe operator can launch it from anyflat surface, let it land on almost any surfacewithout 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 itsilent and reliable. Due to the lack ofcombustible fuels onboard means fewer complications in the event ofan emergency.

c. Semi-automaticflight. The artificial intelligence incorporated within the Phantom 3 Professional autopilot system continuously analyzes datafrom the onboard GPS and takes care ofall the aspects ofthe flight underthe supervision ofthe operator. d. Option for Manual control. Additionally, the Phantom 3 Professional provides an override capabilitythat allows the operatortotake manual actions during theflight (Go to Home, Go Land, Hold and Resumethe mission) and also suspend automated operations and take manual control ofthe aircraft should it become necessaryto respond emergentcircumstances, thankstothe remote controller provided with the system.

### OPERATING CONDITIONS METRODRONE, LLC Seeingtheworld in a wholenew way Pages



### Grant ofthe exemption to Spencer Cabral dba MetroDrone, LLC forthe DJI Phantom 3 Professional, who will be subjectto the following operating conditions, based on the

_ operating conditions set forth bythe User Manual (see Annex 8), and the factors the FAA is to consider undersection 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 occurwith 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 befilmed. • Permission from the land owner/authority required before commencing anyflight; • Operations over congested areas shall be avoided; • Operations must not interfere with manned aircraft operations, mustyield the right of wayto manned aircraft, and operators must See & Avoid otheraircraft and obstacles at all times; • Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours; • Aircraft operations must remain within Visual Line ofSight (VLOS) and will be visually monitored at all times; • VLOS guaranteed with a GPS geo-fence around operatorof0.5 miles anda flight ceiling preprogrammed at400 feetAGL; • All operations conducted within 5 milesfrom an airport shall·only be initiated after verbal coordination with the airport authority, orairtraffic control when a control tower is present atthe airport; • All operations shall complywith required permissions and permits established by territorial, • State, county or cityjurisdictions; including local law enforcement, fire, orother appropriate governmental agencies; • The DJI Phantom 3 Professional operations will be compliantwith existing safety procedures inherenttothe activities ofthe related company. • Due to the geographic locations ofwork type, most surveying will be completed in areas awayfrom airports and/or highly populated areas.

• The pilot in command (PIC) will have spent significanttime with the sUAVthoroughly inspecting and flying the unit in a controlled environment. The PIC ofthe unitwill also be required to keep a visual line ofsight ofthe unit at all time by operating from the closest highest point on the landscape. Also, noflights will take place until the pre-flight checklist has been completed bythe PIC.

### FAA RULES AND REGULATIONS ADHERENCE METROORONE, LLC Seeing the worldin a whole new way Page6



### WHEREFORE, in accordance with the Federal Aviation Regulations arid the .FAAModernization and Reform Act of2012, Section 333, Spencer Cabral, dba MetroDrone, LLC respectfully requests that the Administrator grantthis 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 commerciallyfor the purpose of conducting aerial video and photography over certain areas ofthe United States. I, Spencer Cabral dba MetroDrone, LLC, agree to abide and adhere to FAA rules and regulations governing the use ofsUAS in orderto be granted a FAA 333 exemption. All operations will be conducted in accordance with a Certificate ofWaiver orAuthorization ("CO A"). Respectfully submitted,

# ~_p SpencerA Cabral 155Rose Hill Rd Portland, CT 06480 (860) 368-0047 Attachments: ANNEX A -EXEMPTION REQUESTAND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECTTO EXEMPTION ANNEX 8: LINK TO DJI DJI PHANTOM 3 PROFESSIONAL USER MANUAL ANNEX C: LINK TO DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS.'' 1 '



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ANNEXA: EXEMPTION REQUESTAND EQUIVALENT LEVEL OF SAFETY SHOWINGS. UNDER APPLICABLE RULES SUBJECTTO EXEMPTION

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. .**~** : 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 ofthe 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 ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR 

### § 91.203(a). Given the size ofthe 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 unnecessaryto gothrough the certificate of airworthiness process under Part 21 Subpart H in orderto achieve orexceed current safety levels. Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese different criteria demonstratesthatthe DJI Phantom 3 Professional operated without an airworthiness certificate, underthe conditions proposed in that exemption, will be at least as safe, orsafer, than a conventional aircraft with an airworthiness certificate. 14 CFR 

### § 45.23 Display of marks; general and 45.29 Size ofmarks. 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 nearthe 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 anequivalent level ofsafety by including !heword "EXPERIMENTAL" in.the placard

## on. the top ofthe aircraft, as shown above ,where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be ableto see the designation

.Additionally, wefeel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrast flag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraft will operate within 1 NM ofthe ground station, the bannershould be visible to anyone that observes the aircraft and chooses to investigate its point oforigin. 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 ofan aircraftfor compensation or hire.METROORONE, LLC Seeingtheworldin a wholenewway PageB

Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in ·connection with any business or employment 

### if: (1) The flight is only incidental tothat 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 meetthe intent of 61.113 Subparagraph (b) even though the intent ofthis 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 memberofa civil aircraft ofthe United States, unlessthat person: (1) Has a pilot certificate or special purpose pilot authorization issued underthis part in that person's physical possession or readily accessible in the aircraft when exercising the privileges ofthat pilot certificate or

**authoriz~tion.** However, when the aircraft is operated within a foreign country, a pilot license issued bythat country may be used. The regulation provides also that no person that holds a private pilot certificate mayactas pilot in command ofan aircraftforcompensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business or employment 

### if: (1) Theflight is only incidental tothat business oremployment; (2) The aircraft does not carry passengers or propertyfor compensation orhire. Given the safetyfeatures ofthe OJI Phantom 3 Professional, and the fact that the missions are monitored in real-time, we request waiving ofthis regulation. · ' ' 14 CFR 

### § 91.7 Prohibits the Operation ofan aircraft without an airworthiness certificate. · As no such certificatewill be applicable in theform contemplated bythe FARs, this Regulation is inapplicable. 14 CFR 

### § 91.9 Civil aircraftflight 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 ofthis requirement is to ensurethat flight manual information is available to the aircrewwhile 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 tothe crew duringflight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we proposethat a current, approved sUAS Flight Manual must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight. 14 CFR

### § 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests. The regulation states "No person may operate a civil aircraftthat is being used forflight instruction unlessthat aircraft has fully functioning dual controls." The sUAS System groundbased control station consists ofa small hand-held radio transmitter and while it does not offer a second set of"controls", the DJI Phantom 3 Professional does offera "Smart" flying mode that consists ofa geefence. This gee fence prevents the sUAVfrom traveling nofurther than Y2 mile away from the operator. The DJI Phantom 3 Professional has a "return to home"METRODRONE, LLC Seeingthe worldin a wholenew way Page9

feature that automatically flies and lands itself back to the original take offpoint. It also features a "failsafe return" feature, where if

**~ommunications** arelostwith 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 levelairman 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 500feet to any person, vessel, vehicle, orstructure. Since thetypical mission ofthe sUAS would be photography orsurvey of persons, vessels, vehicles orstructures it would be necessaryto operate closerthan 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 aircraftwill be operated at a lowaUitude allowing,.if a power unitfails, an · emergency landing without undue hazard to persons orproperty on the surface. Therefore I maintain that dueto the small size ofthe 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 100 NM of.the aircraft. The sUAS will always fly below400 feet AGL and will not need to maintain cruising altitudes inorderto prevent conflict with otheraircraft. An · Above Ground Level altimeter measurement above·the takeoff point is transmitted via radio from the sUAS on-board computerto the display screen held bythe PIC, providing a constantly updated AGL readout. 14 CFR 

### § 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane underday-VFR conditions unlessthere is enough fuel to fly to the first point of intended landing and to fly after thatfor at least 30 minutes. Wefeel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfordelays to landing. The sUAV is battery operated and the maximum duration offlight 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 meetthe reserve energy requirement ofthis 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 totheword "fuel" and ask foran equivalent interpretation with the word "energy".

,·14 CFR 

### § 91.203 (a) & (b) Civil aircraft: Certifications required. METRODRONE, LLC Seeing the world in a whole new way PagelO

The regulation provides that an airworthiness certificate, with the registration number assigned tothe aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed atthe cabin or cockpit entrance sothat it is legible to passengers or crew." Without a storage compartment, and weighing 1280g (including battery and propellers), the sUAS istoo small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of91.203, we propose that documents deemed appropriate forthis aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request. In orderto identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed tothe 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 ofthe aircraft and "be authorized to approve the aircraftfor return to service". The PIC will ensurethatthe aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections afterevery two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed by the manufacturer ortheir designated repairfacility. The PIC will document work performed in accordance with 91.417. Wefeel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 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