# M e tro Drone , LLC

Seeing the world in a whole new way

November 1 9 , 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

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

of the Federal A viation Regulations

Dear Sir/Madam:

I, Spenc er 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 s earch and rescue operations

 Poli ce 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 gro wth 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.MetroDrone, LLC Seeing the world in a whole new way
Page 2

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 photogr aphy 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 fr om which the exemption is requested:

• 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 • 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 s ervices 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 o ffered . Based on consumer needs and requests, other services not list ed below may be considered (within the scope of FAA 333 exemption restrictions.)

T ours, evaluation, and marketing With low altitude 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 providin g video tours for sc hools and institutional campuses.MetroDrone, LLC Seeing the world in a whole new way
Page 3

Construction projects

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

ide ntify issues that cannot be evaluated from a ground view perspective

.

Damage inspections

Close range, low a ltitude 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 pro blem getting clients a close up view of the damage allowin g a more accurate

assessment with out the risk of human l ife and is a powerful tool as an alternative to a helicopter. Drone operators can work with insurance companies to inspect damage and signific antly 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 photograph y ca n help

land and farm owners survey their property.

Journalistic collaboration Within regulatory restrictions sUAV photography can b e used for journalistic purposes with news companies and other media outlets.

First r esponder, p olice and fire assistance

Working with search and rescue responders drones can search vast areas of missing persons and crime victims in need of rescue. Drone s 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 respond ers 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, gre atly 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

.MetroDrone, LLC Seeing the world in a whole new way
Page 4

Property Inspections

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 su ch as the roof, wall s

, deck s

, 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 installati ons and maintenance of solar panels, cooling towers, critical infrastructures, wind turbine s and bridge s

.

2. CHARACTERISTICS OF THE AIRCRAFT

The DJI Phantom 3 Professional is a small and light (take

- off weight of under 55 pounds) performs precision aerial m apping 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 monit or 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 f light (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.MetroDrone, LLC Seeing the world in a whole new way
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OPERATING CONDITIONS

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 B), 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. P rivate 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;

 Operatio ns 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 operatio ns shall comply with required permissions and permits established by
territorial,

• S tate, county or city jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies;

• The DJI Phantom 3 Professional operations will be comp liant 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) w ill 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 poin t on the landscape. Also, no flights will take place until the

pre

- flight checklist has been completed by the PIC.MetroDrone, LLC Seeing the world in a whole new way
Page 6

FAA RULES AND REGULATIONS ADHERENCE

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 20 12, Section 333, Spencer Cabral, dba M etroDrone,

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

M etroDrone, 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 r ules and regulations governing the use of sUAS in order to be granted a FAA 333 e xemption. All operations will be conducted in accordance with a Certificate of Waiver or Authorization ("C O A'').

R espectfully submitted,

Spencer A Cabral

155 Rose Hill Rd Portland, CT 06480 (860) 368

- 0047

Attachments:

ANNEX A

- EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMP TION

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

ANNEX C : LINK TO DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS.MetroDrone, LLC Seeing the world in a whole new way
Page 7

ANNEX A: EXEMPTION REQUEST AND EQ UIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

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 DJI Phantom 3 Professional, it is small (59cm diagonally including propellers) lightweight (under 55 pounds) and the limited op erating 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 le vel 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, weigh t, 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 condition s 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 hav e 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 the word "EXPERIMENTAL" in the placard on the top of the aircra ft, 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 a ircraft'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.MetroDrone, LLC Seeing the world in a whole new way
Page 8

Subparagraph (b) allows a private pilot to act as pilot in command of an ai rcraft 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 for compensation or

hire. S ince the aircraft cannot carry passengers or pr operty, 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 Privile ges 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 authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that

coun try 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 co nnection 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 DJI Phantom 3 Professional, a nd 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, t he 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 an ytime 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 t hat 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” flyin g mode that consists of a geo fence. This geo fence prevents the sUAV from traveling no further than 1⁄2 mile away from the operator. The DJI Phantom 3 Professional has a “return to home”MetroDrone, LLC Seeing the world in a whole new way
Page 9

feature that automatically flies and lands itself back to the original take off point. It also features a “failsafe return” feature, where if communications are lost with the controller, the DJI Phantom 3 Professional will automatically return to its point

- of

- origin and safely land. Any new PIC, which has completed an FAA ap proved ground school and 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 altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or prope rty 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 aircr aft, 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 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 comput er 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 requirem ent 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 interpretati on with the word “energy".MetroDrone, LLC Seeing the world in a whole new way
Page 10

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

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 p ropellers), 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

pe rmanently 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 regul ation 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 perso n 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 updat ing 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_Manual__V1.6.pdf

ANNEX C: DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS. http://www.dji.com/product/phantom

- 3/spec