UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

_

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

METRO RETRO, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATION SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE

DJI INSPIRE 1 UAS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on August 10 , 2015

Metro Retro, LLC

1365 Tiber Avenue Jacksonville, FL 32207 (904) 710

- 98712 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................. 3

SUMMARY

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ .................. 4

BACKGROUND

................................ ................................ ................................ ................. 5

BASIS FOR PETITION

................................ ................................ ................................ ....... 5

NAME AND ADDRESS OF PETITIONER

................................ ................................ . 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH METRO RETRO SEEKS

EXEMPTION

................................ ................................ ................................ ................ 7

THE EXTENT OF RELIEF METRO RETRO AND THE REASON METRO

RETRO AND ASSOCIATES SEEKS THE RELIEF

................................ ................. 11

THE REASONS WHY GRANTING METRO RETRO REQUEST WOULD BE IN

THE PUBLIC INTEREST

................................ ................................ ........................... 13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ .............. 17

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 31

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT MET RO RETRO AND ASSOCIATES'S REQUEST

........................ 31

CONCLUSION

................................ ................................ ................................ ................. 323 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Not ice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing4 SUMMARY

Metro Retro, LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) &

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012 (FMRA). This exemption will permit Metro Retro, LLC to operate an

Unmanned Aircraft System (UAS) for the commercial purpose of capturing still imagery, video

acquisition and digital 3D data capture (hereinafter referred to as “aerial data acquisition”)

.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Metro Retro is a small business in Jacksonville, Florida that redevelops small homes and

develops land for commercial purposes. It’s clients are engineers, developers, and real estate

professionals.

Metro Retro has recently acquired a DJI Inspire 1 unmanned aircraft s ystem (hereinafter

“ Inspire ”). With the advent of unmanned systems (drones) in recent years, Metro Retro has use d

the capabilities of UAS technology to better serve client needs . The use of UAS technology has

allowed flight i n ways never before capable with conventional fixed wing and rotary vehicles,

providing different project perspective s and bridging the gap between traditional land

- based

photography and traditional manned aerial photography

. As set forth in this Petition, Metro

Retro seeks to comme rcially operate its Inspire over certain areas of the United States for the

purpose of capturing aerial imagery

, video acquisition and 3D data collection.5 BACKGROUND

Unmanned Aircraft System: Inspire 1

Metro Retro seeks an exemption to operate the Metro Retro Inspire for

compensation or hire. The Inspire is comprised of a vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA). The Inspire 1 UA has a maximum gross take

- off weight of

approximately 6.5 pounds, whi le having a diameter of 24 inches, height of 20 inches, and

maximum speed of 11 mph and a wind tolerance of 22 mph

. The Inspire 1 UA is equipped

with four carbon fiber wood core propellers, each of which is driven by a triple bearing,

dynamically balanced, brushless electric motor . Flight times are 18 min utes.

The Inspire that will be operated by Metro Retro will be registered in accordance with

49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Air craft Registration

,

and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR

P ETITION

Petitioner, Metro Retro , pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012,

Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the

Administrator to operate the Inspire in the National Airspace System (NAS), and for an

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the size, weight, speed, and limited operating area associated with

the unmanned aircraft and its operation, Metro Retr o ’s operation of the Inspire meets the

conditions of Section 333 and therefore, will not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H.6 Accordingly, Metro Retro requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

Metro Retro submits that the requested relief is proper since an equivalent level of

safety will be ensured. Metro Retro will use its authorized technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed in the manufacturer’s maintenance manual

.

Furthermore, Metro Retro will document and maintain all maintenance records for the

Inspire

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command , is requested by Metro Retro to the extent

necessar y to allow a Pilot in Command (PIC), qualified to fly such UAS, to conduct the

proposed UAS flight operations. Metro Retro submits that the conditions and limitations set

forth herein will ensure the safety of persons or property on the ground.

Metro Retro seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the Inspire does not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. As such, Metro Retro submits that it will ensure that the Inspire is in an

airworthy condition, prior to every flight, by determining that the UAS is in compliance with

the Inspire 6 Flight Manual, and that the aircraft is in a condition for safe flight.

Metro Retro also seeks an exemption from the requirements of Secti on 91.121,

entitled Altimeter Settings , as the Inspire 1 UA will not have a typical barometric

altimeter onboard. However, altitude , az i m u th, pitch, yaw, heading and speed

information of the Inspire 1 UA will be provided to the PIC via the on

- board On

- Scre en

Display (OSD) module and directly to the PIC ’ s First Person View ( FPV ) video7

monitor mounted to the Ground Control System ( GCS ) for active monitoring of flight

operations . This altitude information, combined with Metro Retro ’s operation of the

Inspire 1 UA within visual line of sight, at or below 5 00 feet AGL, will ensure a level

of safety equivalent to Section 91.121.

Additionally, Metro Retro seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR con ditions

. Metro Retro submits that

safety will not be affected by terminating flights of the battery powered Inspire 1 UA after 12

minutes of continuous flight, which would allow for five minutes of battery power

remaining.

In accordance with 14 C.F.R. § 11 .81, Metro Retro provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Metro Retr o, LLC

1365 Tiber Avenue

Jacksonille FL 32207

The point of contact for this Petition and specific contact information is as follows:

William J. Byers

Metro Retro , LLC

1365 Tiber Avenue

Jacksonville FL 32207 (904) 710

- 9871 williamjbyers@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Metro Retro S eeks Exemption.

1. Metro Retro Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

,8 subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as

PIC of an aircraft.

(b) A private pilot may , for compensation or hire, act as PIC 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 for compensation or hire.

2. Metro Retro Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Metro Retro Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and within

100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altim eter setting available before departure;

4. Metro Retro Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection9 (b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that

for at least 1 2 minutes.

5. Metro Retro Se eks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the

following: Each owner or operator of an aircraft

—

(a) 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[.]10 6. Metro Retro Seeks Exemption From The Requirements Of Section 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alte ration unless

--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Metro Retro Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections

, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter an d has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Metro Retro Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the

following:

Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and

(ii) The date o f completion of the work performed; and11 (iii) The signature, and certificate number of the person approving the aircraft for

return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller,

rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time bas is.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety

directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after the work

is performed.

(2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred w ith the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11

of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.12

C. The Extent Of Relief Metro Retro Seeks And The Reason Metro Retro Seeks The

Relief.

1. Extent of Relief Metro Retro Seeks And The Reason Metro Retro Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command , is requested to the extent necessary to allow a PIC qualified to operate the

USA

, to conduct the proposed UAS flight operations for compensation.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC 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 aircraf

t does not carry passengers or property for compensation or hire.

As set forth more fully below, Metro Retro submits that an equivalent level of safety will

be maintained because no PIC will be allowed to operate the Inspire unless that PIC has

demonstrat ed, through the UAS training and currency requirements, that the PIC is able to safely

operate the Inspire in a manner consistent with the operations specifications as described in this

exemption, including evasive and emergency maneuvers, as well as maint aining appropriate

distances from people, vessels, vehicles and structures.

Further, Metro Retro submits that all flights of the Inspire , conducted by the PIC

pursuant to the grant of this Petition

- (1) will be incidental to Metro Retro ’s business; and (2)

will not carry passengers or property for compensation or hire.13

2. Extent of Relief Metro Retro Seeks And The Reason Metro Retro Seeks

Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is reques ted to the extent

required to allow Metro Retro to determine that the Inspire is in an airworthy condition prior to

every flight by ensuring that the UAS is in compliance with the Inspire 1 Flight Manual, and that

the aircraft is in a condition for safe fl ight.

Metro Retro seeks the requested relief because the Inspire does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Metro

Retro will ensure that the Inspire is in an airworthy condition based upon its compliance with

the operating documents (i.e., the Inspire 1 Flight Manual) prior to every flight, and as stated in

the conditions and limitations below.

3. Extent of Relief Metro Retro Seeks And The Reason Metro Retro Seeks

Relief From Section 91.121.

Relief from Section 91.121 entitled Altimeter settings , may be required to allow flight

operations of the Inspire , which utilizes GPS equipment and a radio communications telemetry

data link to downlink altitude inf ormation to the PIC from the UA to the GCS. As more fully

set forth below, safety will be maintained as a result of the Inspire 1 UA ’s altitude readout via

GPS equipment, and Metro Retro ’s operation of the Inspire 1 UA within visual line of sight, at

or below 5 00 feet AGL.

4. Extent Of Relief Metro Retro Seeks And The Reason Metro Retro Seeks

Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions

, is

requested to the ext ent required to allow flights of the battery powered Inspire 1 UA during

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR)

conditions, to continue for a total duration of 18 minutes, which will ensure that the UA will land14

with five minutes of battery power remaining. Metro Retro seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the battery powered

Inspire 6 UA will s everely constrain the practicality of any aerial acquisition and flight operations

that Metro Retro proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Inspire

, the Inspire 6

Flight Manual, and Metro Retro ’s proposed operating limitations , ensure that Metro Retro will

safely operate the battery powered Inspire UA during daylight hours in VFR conditions, for a

total flight duration of 20 minutes, landing with five minutes of battery power remaining.

5. Extent Of Relief Metro Retro Seeks And The Reason Metro Retro Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y

apply to aircraft with an airworthiness certificate, Metro Retro requests relief from these Sections

because the Inspire does not require an airworthiness certificate. As set forth more fully below,

the Inspire meets the conditions of Section 333 of the FMRA for operation without an

airworthiness certificate. Accordingly, Metro Retro will use authorized technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques,

and practices prescribed in the manuf acturer’s maintenance manual

. Furthermore, Metro Retro

will document and maintain all maintenance records for the Inspire

.

D. The Reasons Why Granting Metro Retro ’s Re quest Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Metro Retro to

safely, efficiently, and economically perform aerial data acquisition commercially, in support of

private entities in relation, but not limited to engineering

, environmental

, energy, technology,

planning, transportation, and land development services

.15

1. The Public Will Benefit From Aerial Data Acquisition

.

Metro Retro submits this Petition to commercially operate the Inspire and perform aerial

data acquisition throughout the United States, in support of private entities in relation, but not

limited to engineering, environmental, energy, technology, planning, transportation, and land

development services . The Inspire will provide safe, efficient, and economical a erial data

acquisition to capture project specific imagery for project efforts and for use in pursuits.

The specific operations that Metro Retro will perform with the Inspire demonstrate how

the requested exemption will directly benefit the above

- reference d industries and the public. In

transportation , the aerial data acquisition performed by the Inspire will be used to acquire still

images and video data. These simulations will be used for public outreach and comment and will

give the public a realistic si mulation of a project ’ s ultimate build out.

2. The Public Will Benefit From The Safety And Efficiency Of The Inspire

.

Conducting aerial acquisitions with the Inspire , instead of manned aircraft, will greatly

benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial survey flight operations. By using battery power and electric motors, the Inspire

produces no air pollution, and is the most viable environmentally conscious alternative to the

cabin cla ss, six cylinder internal combustion twin engine aircraft that are typically utilized for

aerial acquisitions, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel.

The Inspire 6 UA, while reducing the carbon footprint of aerial acqui sitions, also eliminates

noise pollution, as the UA is propelled by battery powered electric motors, rather than an

internal combustion engine.

By using the Inspire to perform aerial data capture , the substantial risk to life and

property in the air and on the ground, which is usually associated with traditional manned aircraft

flight operations, will be substantially reduced or completely eliminated. Aside from the lack of16

flight crew members located onboard the aircraft, the Inspire 1 UA (maximum gross take

- off

weight of approximately 6.5 pounds, a diameter of 22 inches and height of 20 inches) has less

physical potential for collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typicall y conduct aerial acquisitions (weighing

approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, and a

fuel capacity of 180 gallons).

3. Performing Aerial Data Acquisition Operations With The Inspire

Will Benefit The Economy.

In addition to being safe and efficient, the Inspire is also an economical alternative to

using manned aircraft to conduct aerial acquisitions. As such, operation of the Inspire will

allow United States based companies, like Metro Retro , to remain competi tive and contribute

to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“ EPA ”) regulatory actions phasing out leaded aviation

fuels, U.S. owned and operated companies must adopt new and alternative technology in order

to remain competitive. Operating the battery powered Inspire is one such technology that not

only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without the hi gh operational cost of a traditional manned aircraft.

By operating the Inspire , companies such as Metro Retro can remain competitive and

profitable, and therefore, provide greater job stability to employees and contractors, which will

ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S.

companies, through commercial use of the Inspire , provides a stable workforce that increases

consumer spending; improves local, state, and federal tax revenues; and allows companies to

invest in research and development in order to remain competitive both in the United States

and abroad.17

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Metro Retro ’s proposed operation of the Inspire will not implicate any privacy issues.

Specifically, the Inspire will be operated in accordance with all Federal Aviation Regulations,

including the minimum altitude requirements of 14 C.F.R. § 91.119. Most significantly, the

Inspire 6 UA will not be operated closer than 500 feet to any person, vessel, vehicle, or structure,

which is not directly involved in the operation.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would P rovide A Level Of Safety At Least Equal To That Provided By The Rule From Which Metro Retro Seeks Exemption.

1. Reasons Why The Inspire Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, Metro Retro ’s operation of the Inspire meets the conditions

of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14

C.F. R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth requirements for considering whether a UAS will create a hazard to users of the

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation

shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas,18 and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section th at certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Metro Retro sub mits that the Inspire can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Inspire ;

(b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The Inspire Demonstrate Its Safe

Characteristics.

The Inspire does not create a hazard to users of the public, or otherwise pose a threat to

national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The Inspire

.

The technical specifications of the Inspire are set forth in the “ Inspire 1 Technical

Specifitions

, ” attached hereto as Exhibit A.19 ii. The Inspire Autonomous Flight And Navigation Modes

Enable The UAS To Remain Within A Defined Operational Area.

A complete description of the autonomous modes and methods of navigation of the

Inspire is provided in the “ Inspire 1 Technical Specifitions

, ” attached hereto as Exhibit A.

iii. The Inspire Is Designed For Automatic Return To

Launch In The Ev ent Of Loss Of The Control Link Or Navigation.

A complete description of the Inspire ’ s automatic return to launch function in the event of

a break in communication or loss of telemetry data is set forth in the “ Inspire 1 Technical

Specifitions

, ” a ttached hereto as Exhibit A.

b. Flight Operations Of The Inspire Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Metro Retro will only utilize qualified pilots to act as a pilot in command (PIC) of the

Inspire

.20

In seeking this exemption, Metro Retro proposes to commercially operate the Inspire for

the special purpose of conducting aerial data capture over areas of the United States, pursuant to

the following specific operating limitations:

1) Operations authorized b y this grant of exemption are limited to the following aircraft described in the operator’s manual which is a hex rotor aircraft weighing less than 3 0 pounds: Inspire 6 Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2) The UA may not be flown at an indicated airspeed exceeding 52.14 knots.

3) The UA must be operated at an altitude of no more than 5 00 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

4) 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.

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.

6) The operator’s manual and this grant of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists betw een the conditions and limitations in this exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual. The operator may update or revise its operator’s manual. 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 petitions for extension or amendment. 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 their exemption. The FAA ’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operator’s manual.

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 performed21

and the UAS is found to be in a condition for safe flight. The Ground Control Station

must be i ncluded 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. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual.

9) The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection section s of the operator’s manual.

10) The operator must follow the manufacturer’s UAS 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) Metro Retro must carry out their maintenance, inspections, and record keeping requirements in accordance with the operator’s manual. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description of work accomplished, and the signature of the authorized UAS technician or PIC returning the UAS to service.

12) Metro Retro UAS technicians must receive and document training referenced in the operator’s manual.

13) Each UAS operated under this exemption must comply with all manufacturer System and Safety Bulletins.

14) Metro Retro maintenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies

discover ed between inspections.

15) The operator may not permit any PIC to operate unless that PIC has demonstrated, through the training and currency requirements set forth in the operator’s manual, that the PIC is able to safely operate the UAS in a manner consiste nt 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.22

16) UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

17) The UA may not operate within 3 nautical miles of the airport reference point a s denoted on a current FAA

- published aeronautical chart.

18) 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.

19) 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 and land, or be recovered in accordance with the operator’s manual.

20) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.

21) The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal cruising speed) there is enough power to fly to the first poi nt of intended landing prior to utilizing battery reserve power.

22) All aircraft operated in accordance with this 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.

23) Before conducting operations, the radio frequency spectrum used for o peration and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

24) The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the

PIC at the Ground Co ntrol 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.

25) The UA must remain clear and yield the right of way to all other manned aviation operati ons and activities at all times.

26) The UAS may not be operated by the PIC from any moving device or vehicle.23

27) The UA may not be operated over congested or densely populated areas. These 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 min imum safe altitudes required by § 91.119.

28) Flight 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 where nonparticipating persons leave such protection and are w ithin 500 feet of the 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 operatin g 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).

29) 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 prior to the beginning of every flight.

30) 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 We b site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Metro Retro submits that the equivalent level of safety established by Section 61.113(a)

and (b) will be maintained because no PIC will be allowed to operate the Inspire unless that PIC

has demonstrated, through the Inspire training and currency requirements, that the PIC is able to

safely operate the Inspire in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.24

Considering Metro Retro ’s prop osed area of operations, and the operating limitations

set forth

- above; th e parallel nature of private pilot aeronautical knowledge requirements to

those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills

necessary to safely operate the Inspire

, Metro Retro submits that the additional manned

ai rmanship experience of a commercially certificated pilot would not correlate to the

airmanship skills necessary for Metro Retro ’s specific proposed flight operations.

Additionally, the FAA has previously granted relief from Section 61.113(a) and (b)

specif ic to UAS, in circumstances similar, in all material respects, to those presented herein

(e.g.Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138).

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because

prior to every flight, Metro Retro will ensure that the Inspire is in an airworthy condition based

upon the Inspire s compli an ce with its operating documents, and as stated in the conditions and

limitations herein.

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because

the altitude information of the Inspire 1 UA will be provided to the PIC via GPS equipment and a

radio communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path. This alti tude information, combined with Metro Retro ’s operation

of the Inspire 1 UA within visual line of sight, at or below 5 00 feet AGL, will ensure a level of

safety equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point will25

be established and confirmed for accuracy by the UAS PIC. The FAA has previously granted

relief from Section 91.121 specific to UAS, in circumstances similar, in al l material respects, to

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11112, 11136, 11138).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A gran t of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Inspire ; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingly, Metro Retro will ensure that it can safely operate the battery powered

Inspire 1 UA during daylight hours, in VFR conditions, for a total flight duration of no more

than 18 minutes, resulting in a landing with five minutes of battery power remaining.

In a previous Petition for Exemption, in which an operator was utilizing a UA identical

in all material respects to the Inspire Metro Retro proposes to use, the FAA granted an

exemption from the requirements of Section 9 1.151, stating as follows:

In the event that the UAS should run out of power, it would simply land within the access controlled operating area. Given its weight and construction material, the risks are less than contemplated by the current regulation. Prio r relief has been granted for manned aircraft to operate at less than the minimums prescribed in § 91.151 (a), including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS

- specific relief has been granted an Exemption Nos. 8811, 10808, and 1067 3 for daytime, Visual Flight Rules (VFR) condition s. The Inspire 6 provides a battery failsafe that commands the UA’s return to the launch point when critical minimum voltage is reached. The UAS batteries provide approximately 35 minutes of powered flight. The FAA agrees with Clayco’s proposal to limit UAS flights to not more than 30 minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 20% battery reserve power, whichever happens first. Given the limitations on its proposed operations and the location of those proposed operations, a reduced minimum power reserve for flight in daylight

VFR conditions is reasonable.

See Exemption No. 11109 at 15.

Here, as in Exemption No. 11109, the technical specifications of t he Inspire ; the26

limitations on the proposed flight operations; and the location of the proposed operations, will

ensure that Metro Retro may safely operate the battery powered Inspire 1 UA during daylight

hours in VFR conditions for a total duration of not more than 18 minutes, and landing with five

minutes of battery power remaining.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affec ted when the technical characteristics and operating

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and

10650. More over, the FAA has previously granted relief from Section 91.151 specific to UAS,

in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Metro Retro submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requirements established by Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Metro

Retro will use its trai ned technicians to perform maintenance, alterations, or preventive

maintenance on the unmanned aircraft system using the methods, techniques, and practices

prescribed in the manufacturer’s maintenance m anual. Furthermore, Metro Retro will document

and main tain all maintenance records for the Inspire

.

Since the Inspire will be inspected as prescribed by the manufacturer’s maintenance

manual, Metro Retro will maintain the equivalent level of safety established by Sections27

91.405(a), 91.409(a)(1), and 91.409(a )(2). The Flight Manual for the Inspire sets forth

airworthiness requirements for the UA, including preflight and post flight inspections, as well as

scheduled maintenance in four categories: daily, weekly, monthly, and yearly.

Likewise, the exemption sought will not adversely affect safety because Metro Retro will

perform maintenance, alterations or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed by the manufacturer’s maintenance manual. The Flight

Manual for the Inspire details procedures for each component of the UA, including the

components of the propulsion system, avionics system, and payload system.

A complete description of the Inspire airworthiness and maintenance requirements is set

forth in t he “ Inspire 1 Technical Specifitions

, ” attached hereto as Exhibit A.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the Inspir e

will be performed by Metro Retro trained technicians, who will document and maintain

maintenance records for the Inspire

.

In consideration of Metro Retro ’s proposed operating limitations, the most recent Inspire

6 Flight Manual, and the technical aspects of the Inspire

, Metro Retro submits that safety will not

be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1)

and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has prev iously granted relief specific

to UAS in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 110 64, 11065, 11066, 11067, 11080 , 11110, 11112, 11136,

11138).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, Metro Retro requests that the FAA28

prescribe special conditions for the intended operation of the Inspire , which contain such safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R § § 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special

conditions will permit safe operation of the UA for the limited purpose of conducting aerial

acquisitions over certain areas o f the United States. FMRA Section 333 sets forth the

requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security; and further, provides the authority for such

UAS to ope rate without airworthiness certification in accordance with any requirements that

must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the Inspire , since the airworthiness regulations of 14 C.F.R. Part 21 do

not contain adequate or appropriate safety standards, due to the novel or unusual design features

of the aircraft. Section 21.16, entitled Special Condition s , states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircr aft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions fo r Metro Retro ’s intended operation of the Inspire

, which contain

such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a)29

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b).

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Metro Retro Seeks Exemption:

Metro Retro, LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Metro Retro Seeks:

This exemption will permit Metro Retro, LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial data capture over areas of

the United States.

G. Any Additional Information, Views, Or Arguments Available To Support

Metro Retro ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely in the NAS. As such, Metro Retro ’s request for exemption may be grant ed

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create

a hazard to users of the NAS or the public, or otherwise pose a threat to nat ional security; and

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Metro Retro will operate the Inspire safely in the NAS,

without creating a hazard to users of the NAS, or the pub lic, or otherwise pose a threat to

national security.30 CONCLUSION

As set forth herein, Metro Retro seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the Inspire commercially, without an airworthiness certificate, for the limited

purpose of conducting aerial acquisitions over areas of the United States.

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of

the FAA Modernization and Reform Act of 2012, while also advancing the interests of the

public, by allowing Metro Retro to safely, efficiently, and economically operate the Inspire

commercially within the NAS.

WHEREFOR E , in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Metro Retro respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b), and permit Metro Retro to operate the Inspire commercially for the purpose of

conducting aerial data capture

.31

Dated: August 10

, 2015 Respec tfully submitted,

Metro Retro , LLC

William J. Byers

1365 Tiber Avenue

Jacksonville FL 32207 904) 710

- 9871 williamjbyers@gmail.com