1 US Department of Transportation Docket Management Facility 1200 New Jersey Avenue, SE ( West Building) Building Ground Floor Room W12

- 140 Washington, DC 20590

RE: Petition of NetMoby, Inc., for Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

.

Dear Sir or Madam:

Pursuant to 14 C

. F

. R

. § 11.81, NetMoby, Inc., (hereinafter referred to as “NetMoby” or “Petitioner”) hereby petition s for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial opera tions of unmanned a ircraft system s (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

, Public Law

112

- 95 (P.L. 112

- 95), Special Rules f or Certain Unmanned Aircraft Systems (hereinafter “FMRA”).

Specifically, this exemption would permit commercial operati ons by NetMoby, which

will use the DJI Phantom 3 UAS Advanced to conduct UAS flight training, education, and

Aerial D ata C ollection

.

NetMoby’s operation under the exemption will be subject to strict operating requirements and conditions to ensure a level of safety equivalent to that of currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333

. 1 Net Moby believes that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the Petitioner will provide a pathway for safe and legal entry into the N ational Airspace Syste m (NAS) and provide the FAA good cause to find that the UAS operation enabled by this requested exemption is in the public interest.

In accordance with 14 C.F.R. § 11.81(a), NetMoby provides the following information in support of its Petition for Exemption. The name and contact information for the Petitioner is

as follows :

NetMoby, Inc., 5636 Connecticut Ave, NW

No. 6300 Washington, DC 20015 Contact Person: Peter T. Lewis, President Telephone: (202) 683

- 6060, ext 140

Email: netmobyinc@gmail.com

1 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from

which you seek exemption.2 Web Site: www.netmoby.net

NetMoby respectfully submits that this Petitio n for Exemption qualifies for approval, as the Federal Aviation Administration (FAA) has previously issued grants of exemption in circumstances similar in all material respects to those presented herein , as noted specifically

herein

.

This Petition For Ex emption was prepa re d For NetMoby, Inc., by :

Robert E. Kelly, Esq. * 4229 Lafayette Center Drive

Suite 1500 Chantilly, VA 20151

Ph.: 703/447

- 3117 Email: rekellyrek@verizon.net Counsel To NetMoby, Inc.

__________________ *Admitted to Practice in Virginia, Maryland

and the District of Columbia3 T ABLE OF CONTENTS

Page

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

.......... 3

I. SUMMARY

... .............................. ... ................................................ 6

II. INTRODUCTION

... ......................................... .................. . ... ...... ... 6

III. NETMOBY’S PROPOSED UAS OPERATIONS ................................... 7

A . UNMANNED AIRCRAFT SYSTEM

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

1 . DESIGN AND OPERATIONAL CHARACTERISTICS

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

2 . NETMOBY PROCEDURES TO ENSURE

CONDITIONS FOR SAFE FLIGHT

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

3

. RADIO FREQUENCY (RF) SPECTRUM USED FOR CONTROL

.............. .. 8

IV. RELIEF SOUGHT IN PETITION

............... ............. .................... 8

A. THE SPECIFIC SECTIONS OF TITLE 14 OF THE CODE OF FEDERAL

REGULATIONS FROM WHICH NETMOBY, INC.,

S EEKS EXEMPTION

................................ ........................... ...... .... 10

B. THE EXTENT OF RELIEF NETMOBY, INC., SEEKS AND THE

REASON NETMOBY, INC., SEEKS THE REQ UESTED R ELIEF

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

C. THE REASONS WHY GRANTING NETMOBY, INC. 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................. 1 6

D. THE REASONS WHY GRANTING THE REQUESTED EXEMPTION

WOULD NOT ADVERSELY AFFECT SAFETY ....................................... 17

E. SUMMARY OF REQUESTED EXEMPTION THAT CAN BE PUBLISHED

IN THE FEDERAL REGISTER

............ ............ ... ............. ........ ......... 26

V. CONCLUSION ...

... .............................. ... ........................... .. ... 27

APPENDICES

..................................................................... ... . ... 2 94 GLOSSARY OF ABBREVIATIONS AND TERMS

ADMINISTRATOR Director of the Federal Aviation Administration. The current

Administrator is Michael P. Huerta.

AERIAL DATA A ny remote sensing and measuring by an instrument(s) aboard the

COLLECTION UAS. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UAS. Specific services would include, but not be limited to, general photography and videography, real estate photography and videography, film and

movie production, wildlife surveys, pipeline and power

- line inspection , infrastructure and industrial inspections, news gathering, agricultural surveys, demonstration flights, research and development, educational/academic uses, aiding certain rescue operati ons in otherwise inaccessible areas, and any other related

entities/activities that can utilize the s afe and efficient operation of

UAS aircraft.

AFD FAA Airport/Facility Directory

AGL Above Ground Level

AIRCRAFT A ny contrivance invented, used, or desi gned to navigate, or fly in, the air (Title 49, United States Code (49 USC) § 40102)

AOI Area of Interest

ARP Airport Reference Point

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 s GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

- t he common network of U.S. airspace; air navigation facilities, equipment and services, airports or landing areas; aeronautical charts, information and services; rules, regulations and procedures, technical information, and manpower and material

NOTAM Notice to Airman

OPERATING Any exemption received from the FAA a nd all documents needed to

DOCUMENTS operate the UAS and conduct its operations in accordance with the conditions and limitations stated in the grant any of exemption

OPERATIONAL W ith respect to a flight, means the exercise of authority over initiating,

CONTROL conducting or terminating a flight (14 C.F.R § 1.1)

PIC Pilot In Command

- the person who has final authority and responsibility for the operation and safety of the flight; has been designated as PIC before or during the flight; and holds the appropriate5 category class and type

- rating, if appropriate, for the conduct of the flight (14 C.F.R § 1.1)

SECTION 333 Section 333 of the FAA Modernization and Reform Act of 2012,

Public Law 112

- 95 (P.L. 112

- 95), Special Rules for Certain Unmanned Aircraft Systems

SOP Standard Operating Procedures

UA Unmanned Aircraft

- any aircraft that is operated without the possibility of direct human intervention from within or on the aircraf t (P.L. 112

- 95, Section 331)

UAS Unmanned Aircraft System

– an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safe ly and efficiently in the national airspace

UAS CERTIFICATE OF A n authorization issued by the Air Traffic Organization to an operator

WAIVER OR for a specific unmanned aircraft activity system (P.L. 112

- 95, AUTHORIZATION (COA) Section 331)

VFR Visual Flight Rules

VLOS Visual Line of Site

- unaided (corrective lenses and/or sunglasses

e xcepted) visual contact between a pilot in command and an unmanned aircraft sufficient to maintain safe operational control of the aircraft, know its location, and be able to scan the airspace in which it is operating to see and avoid other air traffic or objects aloft or on the ground

VMC Visual Meteorological Conditions

VO Visual Observer (Synonymous with Safety Observer or Spotter)

VTOL Vertical Takeoff and Landi ng6 I. SUMMARY

NetMoby, Inc., seeks exemption from the requirements of 14 C.F.R § 61.23 ( a ) & ( c )

, 14 C.F.R § 61.101(e)(4) and (5)

, 14 C.F.R § 61.113(a) & (b), 14 C.F.R § 91.7(a), 14

C.F.R § 91.121, 14 C.F.R § 91.151(b), 14 C.F.R § 91.405(a), 14 C.F.R § 91.407(a)(1), 14

C.F.R § 91.409(a) (1) & (a) (2), and 14 C.F.R § 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 NetMoby, Inc., to operate an Unmanned Aircraft System (UAS) for the commercial purpose of UAS flight training, education and Aerial Data

Collection over certain areas of the United States. Aerial Data Collection includes any remote sensing and measuring by an instrument(s) aboard the UAS. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instr uments aboard the UAS. See full definition in Glossary of Terms and Abbreviations, supra

.

I I. I NTRODUCTION

NetMoby is an emerging technology company with over 100 years ’ collective experience in a myriad of technical areas. Most notably, and as concerns this exemption request, NetMoby has extensive background and experience in wireless telecommunications, embedded systems (single board computers) and rotorcraft aviation which gives the corporation standing in this matter since the great majority of UAS vehicles are multi

- rotor aircraft which (1) are controlled using radio links for system control, location d etermination and reporting, (2) possess embedded computer intell igence containing programs to store flight information, regulate electronic speed control (“ESC”) revolutions per minute (“RPM”), input and output to and from general purpose in/out ports and supply logged diagnostic data which can be used to determi ne a nd correct problems and (3) utilize shared airspace which requires consideration of helicopters, fixed wing aircraft, airport operations, notices to airmen (“NOTAMs”), restricted areas, the public (road traffic, events), vertical appurtenances ( e.g ., buil dings, monuments, radio towers, trees, water towers) and flight hazards (wirelines, guide wires).

The President of NetMoby, Peter T. Lewis, was one of the five original co

- founders of Cellular One, the first commercial cellular telephone company in the U nited States which changed the way America communicates, is an inactive helicopter pilot who has held a rotorcraft commercial flight rating, was the owner of Jet One Systems which owned and operated two McDonnell 500

- series helicopters which were stationed in the DC area. Mr. Lewis was the project manager with oversight for the design, manufacture and certification

of the Hitachi

- MobyTEL hardware architecture reference platform (“HARP”) that was the leading embedded systems circuit board used as the progen itor to quickly develop single board computers for test equipment manufacturers, automobile companies, control systems

and telecommunications sub

- systems.

NetMoby’s UAS business unit was established to better merge cutting edge engineering techniques w ith the near

- term and future regulatory structure that will permit safe operation of UAS vehicles in urban and rural areas. NetMoby and its engineering, law, embedded systems, drone and telecommunications UAS solutions consortium have responded to the ch allenges foreseen in the expansion of UAS operations and is working on7 drone designs, on

- board embedded computer and attendant software systems, links and centralized operations, visible to the FAA, which will avert any chance of a regulated UAS colliding with an in

- flight fixed wing or helicopter aircraft. NetMoby believes this will assist the development of the commercial operation of UAS vehicles beyond visual line of sight in a manner likely to be envisioned by the such companies as Amazon, Domino’s P izza, Giant Food, Safeway, CVS, Department of Homeland Security, forestry services, law enforcement entities and others as the industry matures and the benefits and conveniences provided by UAS vehicles are realized by consumers, governments at all levels and commercial companies in the business of providing goods.

On August 25, 20 14, NetMoby, as the prime in a j oint venture, responded to the FAA’s Request for Information (“RFI”) for an Aeronautical Mobile Communications System (“AeroMACS”) which is specified to use a WIMAX 5 GHz design. Therein, NetMoby provided the FAA with granular knowledge and input on establishing AeroMACS at each tower controlled airport in the US as a means to replace the aging and inefficient methods of airport communicatio ns currently in place for navigation aids, baggage/security/ fire/fuel/maintenance/ food vendor vehicles, control tower and camera apparatus. NetMoby, in near future filings with the FAA, will leverage some of its

recommended AeroMACS architecture for UAS operations

.

III. NETMOBY’S PROPOSED UAS OPERATIONS

A

. UNMANNED AIRCRAFT SYSTEM

1

. DESIGN AND OPERATIONAL CHARACTERISTICS

a

. Unmanned Aircraft System : DJI Phantom 3 Advanced UAS

NetMoby, Inc., seeks an exemption to operate DJI systems for compensation or hire

within the NAS. The DJI Phantom 3 Advanced UAS (hereinafter “DJI Phantom 3”) is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control

Station (GCS) utilizing electronic tablet or smart phone systems. The D JI Phantom 3 has a maximum gross weight of approximately 2 .8 pounds ( 1280 g), with a diagonal size of approximately 23 inches and a maximum speed of approximately 36 MPH. See the DJI Phantom 3 technical specifications in the DJI Phantom 3 User Manual , ap pended hereto as

Exhibit B.

The DJI Phantom 3 UAS that will be operated by NetMoby, Inc., will be registered

in accordance with 49 U.S.C. § 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

B. NETMOBY PROCEDURES TO ENSURE CONDITIONS FOR SAFE FLIGHT.

N etMoby, Inc., acknowledges and actively supports the FAA’s primary role of promoting safety in the NAS. NetMoby, Inc., submi ts that the requested relief herein is appropriate since an equivalent level of safety as required in the mission of the FAA will be ensured. NetMoby, Inc., will use experienced personnel or technicians to perform8 main tenance, alterations, or preventive ma intenance on the UASs using the methods, techniques, and practices prescribed in the Operating Documents . Furthermore, NetMoby, Inc., will document and maintain all maintenance records for the DJI Phantom

3 UAS

.

NetMoby, Inc., will ensure that any re pairs required as a result of regular maintenance inspections will be performed prior to the resumption of any flight activity by the DJI Phantom 3 UAS requiring such repair

.

More specifically, NetMoby, Inc., prior to each flight, will inspect the small UAS to ensure that it is in a condition for safe operation , performing a manufacturer

- recommended preflight inspection and/ or performing an on

- the

- ground test of the small UAS to determine whether safety

- critical systems and components are working properl y. Because NetMoby

, Inc., believes that the safety of the general public is crucial, NetMoby

, Inc., will conduct an inspection before each fligh t and log the results in the UAS flight manual for inspection by

the FA A if needed. Safety procedures are the key to accident prevention and such procedures would help minimize the risk to the public , as mandated by the FAA rules, both current rules and the Proposed UAS rules in proposed § 107.21(b)

.

3

. RADIO FREQUENCY (RF) SPECTRUM USED FOR CONTROL

The R adio Frequency (RF) spectrum used for control of the UAS and associated equipment with respect to the DJI Phantom 3 remote controller is the spectrum located in the 2.4 gigahertz frequency band , specifically 2.400 GHz

– 2.483 GHz. The DJI Phantom 3 is

FC C compliant with part 15 of the FCC rules which govern equipment certification with respect to unlawful emissions in electronic equipment

.

IV. RELIEF SOUGHT IN PETITION

Petitioner, NetMoby, Inc. , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercial ly operate the DJI Phantom 3 UAS 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), 1.409(a)(1) & (a)(2), and 91.417(a) & (b). NetMoby, Inc ., believes the following information provided in its Petition will demonstrate that the operations proposed by NetMoby , Inc., in conjunction with the requested relief, meet the requirements and qualify for expedited approval pursuant to Section 333 of the FRMA.

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

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

• Operation of the UAS in close proximity to airports and populated areas; and9 • Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency’s safety reg ulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44 702

– 44716, et seq. ). A party requesting an exemption will explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, NetMoby, Inc. 's operation of the DJI Phantom 3

UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, NetMoby, Inc., requests relief from 14 C.F.R § 61.23 ( a ) & (c) , 14 C.F.R. § 91.405(a), 14 C.F.R. § 91.407(a) (1), 14 C.F.R. § 91.409(a) (1) & (a) (2), and 14 C.F.R. § 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

The FAA has propose d in the Federal Aviation Administration (FAA), Department of Transportation ’s Notice of Proposed Rulemaking in Docket No. FAA

- 2015

- 0150 , 80 Fed. Reg. 9,544 (February 23, 2015) that traditional FAA medical certification may not be

warranted f or small UAS operators subject to this proposed rule mainly because small UAS

operators and visual observers are operating within a ‘‘confined area of operation,’’ and subject to other operational limitations . This is because the proposed visual

- line

- of

- sight requirement for the operator and/or visual observer to be able to see the aircraft’s direction

and attitude of flight in the proposed rule is preferable to a vision standard. Even with normal

vision it is foreseeable that a small unmanned aircraft may be so small that the operational space must be reduced to meet the operational requirements proposed in this rule. As such, prescriptive medical standards may not be as critical as they are for individuals exercising pilot privileges and therefore may be waived in exempt reque sts such as the instant application. Consequently, NetMoby

, Inc., seeks relief from the requirements of 14 C.F.R §

61.23 ( a ) & (c).

NetMoby , Inc., seeks exemption from 14 C.F.R § 61.101(e)(4) and (5) , entitled Private and Recreational Pilot Privileges and Limitations , which restricts a person who holds a recreational pilot certificate from acting as pilot in command of an aircraft for compensation or hire or in furtherance of a business. The purpose of Part 61 is to ensure that the skill and competency o f any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, it carries neither

passengers nor cargo.

Relief from certain requirements of 14 C.F.R. § 61.113(a) and (b), entitled Private Pilot Privileges And Limitations: Pilot In Command , is requested by NetMoby, Inc., to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has met minimum flight

- hour and currency requirements, to operate the DJI Phantom 3 UAS in a manner consistent with10 this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

NetMoby, Inc., seeks relief from 14 C.F.R. § 91.7(a), entitled Civil Aircraft

Airworthiness , because the DJI Phantom 3 U AS do es not require an airwo rthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, NetMoby, Inc.,

submits that it will ensure that the DJI Phantom 3 U AS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the Operating

Documents and that the aircraft is in a condition for safe flight.

NetMoby, Inc., also seeks an exemption from the requirements of 14 C.F.R. §

91.121 , entitled Altimeter Settings , as the DJI Phantom 3 UA S will not have a typical

barometric altim eter onboard. However, altitude information of the DJI Phantom 3 UAS

will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with NetMoby , Inc., ’s

o peration of the DJI Phantom 3 UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to 14 C.F.R § 91.121.

Additionally, NetMoby, Inc., seeks an exemption from the requirements of 14

C.F.R § 91.151(b), entitle d Fuel Requirements For Flight In VFR Conditions

. NetMoby,
Inc., submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough bat tery power to fly for a total duration of approximately 23 minutes.

In accordance with 14 C.F.R. § 11.81, NetMoby, Inc., provides the f ollowing

i nformation in support of its petition for exemption:

A. The Specific Sections Of 14 C.F.R. from Which NetMoby, Inc.

Seeks Exemption.

1. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R § 61.23 (a) & (c)

14 C.F.R § 61.23 (a) , entitled Operations Requiring A Medical Certificate

, prescribes that a person must hold a first

- class medical certificate, a second

- class medical

certificate and a third

- class medical certificate when exercising certain, specific privileges relating to pilot certificates

.

14 C.F.R § 61.23 ( c ) , entitled Operations requiring either a medical certificate or U.S. driver's license, prescribes that a person must hold either a medical certificate or U.S.

driver's license when exercising certain, specific privileges relating to student pilot certificates, sport pilot certificates, flight instructor certificate or as an Examiner and administering a practical test for the issuance of a sport pilot certificate

.

2. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R § 61.101(e)(4) and (5)

14 C.F.R § 61.101(e)(4) and (5), entitled Private and Recreational Pilot11 Privileges and Limitations , which restricts a person who holds a recreational pilot certificate from acting as pilot in command of an aircraft for compensation or hire or

in furtherance of a business.

3. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R § 61.113(a) And (b).

14 C.F.R 61.113, entitled Private Pilot Privileges And Limitations : Pilot In

Command , 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 i s 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.

4. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R § 91.7 (a).

14 C.F.R 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.

5. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R. § 91.121.

14 C.F.R. § 91.121, enti tled 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 al timeter 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 altimeter setting available before departure.

6. NetMoby, Inc., Seeks Exemption From The Re quirements12 Of 14 C.F.R 91.151(b).

14 C

. F

. R

. § 91.151, entitled Fuel Requirements For Flight In VFR Conditions

,

subsection (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 20 minutes.

7. NetMoby, Inc., Seeks Exemption From The Requirement

Of 14 C.F.R. § 91.405(a).

14 C.F.R. § 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, exc ept as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

8. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 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 alteration unless

— (b) It has been approved for r eturn to service by a person authorized

under § 43.7 of this chapter

.

9. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R. § 91.409(a)(1) And 14 C.F.R. § 91.409(a)(2).

14 C.F.R. § 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 and 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.

10. NetMoby, Inc., Seeks Exemption From The Requirements

Of 14 C.F.R. § 91.417(a) And 14 C.F.R. § 91.417(b).13 14 C.F.R. § 91.417 , entitled Ma intenance R ecords , subsections (a) and (b), state the following: (a) 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, f or each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records will

include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (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 basis. (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 includi ng, 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 c hapter 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 with 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.

B. The Extent Of Relief NetMoby, Inc., Seeks And The Reason NetMoby, Inc.,14 Seeks The Relief.

1. Extent Of Relief NetMoby, Inc., Seeks And The Reason NetMoby, Inc., Seeks Relief From 14 C.F.R. § 61.23 (a ) & (c).

Relief from 14 C.F.R § 61.23 (a) & (c) is sought to the extent that traditional FAA medical certification may not be warranted for small UAS operators subject to this proposed rule mainly because small UAS operators and visual observers are operating within a ‘‘confined area of operation,’’ and subject to other proposed op erational limitations. This is because the proposed visual

- line

- of

- sight requirement for the operator and/or visual observer to be able to see the aircraft’s direction and attitude of flight in the proposed rule is preferable to a vision standard. As such, prescriptive medical standards may not be as critical as they are for individuals exercising pilot privileges and therefore may be waived in exempt requests such as the instant application. Consequently, NetMoby believes relief from the requirements of 14 C.F.R § 61.23 (a ) & (c) are appropriate

.

2. Extent Of Relief NetMoby, Inc., Seeks And The Reason NetMoby, Inc., Seeks Relief From 14 C.F.R. § 61.101(e) (4) and (5) and 14 C.F.R. § 61.113(a) And (b).

Relief from 14 C.F.R. § 61.101(e) (4) and (5) 14 C.F.R. § § 61.113(a ) and (b) both of which address p rivate and recreational pilot privileges and limitations , especially for p ilot s in command (PIC)

, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well a s a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in 14 C.F.R. § § 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 aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, NetMoby, Inc., submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

UAS unless that PIC has met certain fl ight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, NetMoby, Inc., submits that all flights of the DJI Phantom 3 U AS

, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to NetMoby, I nc. ’s business; and (2) will not carry passengers or property for compensation

or hire.

3. Extent Of Relief NetMoby, Inc., Seeks And The Reason NetMoby, Inc., Seeks Relief From 14 C.F.R. § 91.7(a).

Relief from 14 C.F.R. § 91.7(a) entitled Civil aircraft airworthiness , is requested to15 the extent required to allow NetMoby, Inc., to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the Operating Documents

. NetMoby, Inc., seeks the requested relief because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, NetMoby, Inc., will ensure that the DJI Phantom 3 U AS is in airworthy condition based upon its com pliance with the Operating Documents prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the

conditions and limitations below.

4. Extent Of Relief NetMoby, Inc., Seeks And The Reason NetMoby, Inc., Se eks Relief From 14 C.F.R. § 91.121.

Relief from 14 C.F.R. § 91.1 21, entitled Altimeter S ettings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information con cerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), NetMoby, Inc., seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.
Considering the limited altitude of the proposed operations, relief from 14 C.F.R 91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more full y set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude

information of the UA on the heads

- up display of the GCS.

5. Extent Of Relief NetMoby, Inc., Seeks And The Reason NetMoby, Inc.,

Seeks Relief From 14 C.F.R. § 91.151(b).

Relief from 14 C.F.R. § 91.151(b) enti tled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered THE

DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a t otal duration of approximately 23 minutes. NetMoby, Inc., seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial data collection operations that NetMoby,
Inc., proposes to conduct pursuant to this Petition.

6. Extent Of Relief NetMoby, Inc., Seeks And The Reason NetMoby, Inc.,

Seeks Relief From 14 C.F.R. § § 91.405( a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 14 C.F.R. § 91.417(a) & (b).

Since 14 C.F.R. § § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 14 C.F.R. § 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, NetMoby, Inc.,

requests relief from these Sections because the DJI Phantom 3 UAS do es not require16 airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet s the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, NetMoby, Inc., will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and

p ractices prescribed in the UAS Operating Documents

. Furthermore, NetMoby, Inc., will

document and maintain all maintenance records for the DJI Phantom 3 UAS

.

C. The Reasons Why Granting NetMoby, Inc. ’s Request Would

Be In The Public Interest

.

Granting the instant NetMoby Petition For Exemption will further the public interest by allowing NetMoby, Inc., to safely, efficiently, and economically perform UAS flight training, education and aerial data collection over certain areas of the United

Stat es. Additionally, use of the DJI Phantom 3 UA S will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of NetMoby, Inc. ’s proposed operation of the DJI Phantom 3 UA S will be realized wit hout implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UAS is battery powered and serve s as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and

property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial data collection missions

would result in fewer aircraft that will be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency

Of The DJI Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, ins te ad of manned aircraft, will greatly benefit the public by drastically reducing the levels o f air and noise pollution generated during traditional aerial data collection flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produces no air pollution, while reducing the carbon footprint of aerial data collection

, and also elimin ates noise pollution, as the UAS is propelled by battery powered e lectric motors, rather than an internal combustion engine typical of other aircraft

. By using the DJI Phantom 3 UAS to perform UAS flight training, education and

aerial data acquisitions, the substantial risk to life and property in the air and on the

grou nd, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated.17 3. Performing Aerial Data Collection Operations With

The DJI Phantom 3 U A S W ill Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like

NetMo by, Inc. , to remain competitive 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 will adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provi des such flexibility without the high operational cost of a traditional

manned aircraft. By operating the DJI Phantom 3 UAS, companies such as NetMoby, Inc.

, can remain competitive and profitable, and therefore, provide greater job stability to employees

a nd contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3
UAS, 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.

4. There Will Be No Privacy Issues.

NetMoby, Inc., ’s proposed operation of the DJI Phantom 3 UA S will not implicate any privacy issues. Specifically, the DJI Phantom 3 U A S will be operated only in compliance with Operating Documents which requires property owner involvement as

well as local law enforcement notification . In summary, a ll UAS opera tions under the requested exemption will be conducted in accordance with all applicable federal, state, or local laws regarding privacy.

D. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which NetMoby, Inc., Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meets T he 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, NetMoby, Inc., ’s operation of the Phantom

3 UAS meet s 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 require ments 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 of18 Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan

and r ulemaking 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 un manned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create
a hazard to users of the national airspace system or the p ublic 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 that 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, NetMoby, Inc., submits that the DJI Phantom 3

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics o f the DJI Phantom 3 U AS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate

Its Safe Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of th e NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI

Phantom 3 User Manual , attached hereto as Exhibit B

.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 3 UAS is provided in the DJI Phantom 3 U ser Manu al, attached hereto as Exhibit

B

.

iii. The DJI Phantom 3 UAS Is Designed For Automatic Return To19 Home Point In The Event Of Loss Of The Control Link Or Navigation.

The Return to Home Function (“RTH”) of the DJI Phantom 3 UAS brings the aircraft back to the last recorded Home Point. There are three types of RTH

proce dures: Smart RTH, Low Battery RTH, and Fail

- Safe RTH. A complete description of the Failsafe Functions of the DJI Phantom 3 UAS is set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Exhibit B

.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 38 of the DJI Phant om 3

User Manual attached hereto as Exhibit B

.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Visual Observer (Where Appropriate)

.

NetMoby, Inc., will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom

3 UAS. Additionally, a Visual O bserver will assist PICs during flight time where appropriate

.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, NetMoby, Inc., proposes to commercially operate DJI

Phantom 3 UAS for the special purpose of conducting aerial data collection over certain

areas o f United States, pursuant to the following specific operating limitations:

1. Operations authorized by this requested grant of exemption will be limited to the following aircraft described in the Operating Documents , rotorcraft UASs weighing

less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose s requested and not closed

- set motion picture and television filming

.

3. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour). Net Moby may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

4. The UA will be operated at an altitude of no more than 400 feet above ground level (AGL ). All altitudes reported to ATC will be in feet AGL.20 5. The UA will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be a ble to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

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

within th e visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at a ll times; electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cannot transfer his or her designation for the duration of the flight.

The PIC will ensure that the VO can perform the duties required of the VO.

7. The Operating Documents and the grant of exemption will be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedu res outlined in the Operating Documents , the conditions and limitations contained in the grant of any exemption take precedence and will be followed. Otherwise, the operator will follow the procedures as outlined in its Operating Documents

. The operator ma y update or revise its Operating Documents . It is the operator’s responsibility to track such revisions and present updated and revised documents to the

Administrator or any law enforcement official upon request. The operator will also present updated and revised documents if it petitions for extension or amendment to the grant of

any exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator will petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the Operating Documents

.

8. Any UAS that has undergone maintenance or alterations that a ffect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations under any exemption. Functional test flights may only be conducted by a PIC wit h a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to e nsure that it is in a condition for safe operation.

10. Prior to each flight the PIC will conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g ., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS

is found to be in a co ndition for safe flight.

11. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.21 12. Each UAS operated under any exemption will comply wi th all manufacturer safety bulletins.

13. Under any exemption, a PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a

current FAA airman medical certificate or a valid U.S. dri ver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in

14 C.F.R § 61.56 in an aircraft in which the PIC is rated on h is or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under th is requested exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours will be logged in a

manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are requested to be permitted under the terms of th is requested exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficie ncy, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

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

1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA will not operate within 5 nautical miles of an Airport Reference Point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current

FAA

- published aerona utical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption

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

Administrator or any law enforcement official upon request.

17. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UA loses communications or loses its GPS signal, it will return to a pre

determined location within the within the private or controlled

- access property

.

19. Th e PIC will abort the flight in the event of unpredicted obstacles or emergencies

.

20

. The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.22 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA): All operations will be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA i f it intends to conduct operations that cannot be conducted under the terms of a COA attached to the requested exemption.

22. All aircraft operated in accordance with the requested exemption will be identified by serial number, registered in accordance w ith 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any do cuments required under 14 C.F.R §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These

documents will be made available to the Administrator or any law enforcement official upon

re quest.

24. The UA will remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

26. All f light operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator

will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations will cease immediately ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety

assessment of the risk of operating closer to those objects and dete rmined that

it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled

- access property
with permission from the property owner/controller or authorized r epresentative. Permission from property owner/controller or authorized representative will be obtained for each flight

to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be repor ted to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB

Web site: www.ntsb.gov

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

NetMoby, Inc., 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 DJI

Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum fligh t

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and str uctures. Considering NetMoby, Inc. ’s proposed area of operations, and the operating

limitations set forth

- above; the 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 DJI Phantom 3 UAS, NetMoby, Inc., submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary

for NetMoby, Inc. ’s specific proposed flight opera tions. The FAA has previously granted relief from Section 61.113(a) and (b) specific 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, 11150, 11153, 11156, 11158, 11159, 11160, 11161 , and most recently

12928 ). NetMoby, Inc., will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the

DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including

evasive and emergency m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC will have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC will accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, pri or documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during NetMoby, Inc. ’s proposed operations. The Administrator has held that prior documented flight experience that was ob tained in compliance with applicable regulatio ns would ensure safe operations . See Exemption No. 11138 at page 15. Accordingly, NetMoby, Inc., will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.24 The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every fl ight, NetMoby, Inc., will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its Operating Documents

and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific 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, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, and most recently 12928).

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 DJI Phantom 3 UAS 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 and altitude. This altitude information, combined with NetMoby, Inc. ’s operation of the DJI Phantom 3

UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalen t 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 is automatically established by the UASs at ground level.

The FAA has previously grante d relief from Section 91.121 specific 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 and most recently 12928).

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

A grant 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 DJI

Phantom 3 U AS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, NetMoby, Inc., will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruisin g speed, to fly after that for at least

4.5 minutes.
Here, as in Exemption No. 11109, the technical specifications and operating specifications of the DJI Phantom 3 U AS

, the limitations on the proposed flight operations; and the location of the proposed op erations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the

technical characterist ics 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. Moreover, 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. 8811,25 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 1 1153, 11156, 11157, 11158, 11159, 11160, 11161 and most recently 12928).

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, NetMoby, Inc., 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 NetMoby, Inc., will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the Operating Documents . Furthermore, NetMoby, Inc., will document and

maintain all maintenance records for the DJI Phantom 3 UAS

. Since the DJI Phantom 3 U A S will be inspected as prescribed by the Operating

Documents

, NetMoby, Inc., will maintain the equivalent level of safety established by

Sections 9 1.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 U ser Manual is attached hereto as Exhibit B ; a copy of the Monthly Maintenance L og is attached

hereto as Exhibit D

. Likewise, the exemption sought will not adversely affect safety becaus e NetMoby,
Inc., will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the Operating Documents

. Furthermore, the exemption sought would maintain an e quivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI

Phantom 3 UA S will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of NetMoby, Inc. ’s proposed operating limitations, the Operating

Documents , and the technical aspects of the DJI Phantom 3 UAS, NetMoby, Inc., submits that safety will not be adversely affected by granting exemp tion from 14 C.F.R. §§ 91.405(a), 91.407(a)(1) and (a)(2),91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 1 1063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 and most recently 12928).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.26 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, NetMoby, Inc., requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, 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 UAS for the limited purpose of conducting UAS flight training, education

and aerial data collection over certain areas of the United States for compensat ion or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to user s of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate wit hout airworthiness certification in accordance with any requirements that will 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 DJI Phantom 3 U AS , 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 Conditions, 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 aircraft, 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 fin ds 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 for NetMoby, Inc. ’s inten ded operation of the DJI

Phantom 3 UAS, 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) & (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).

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

From Which NetMoby, Inc., Seeks Exemption:

NetMoby, Inc., seeks exemption from th e requirements of 14 C.F.R Sections

61.23 (a)&(c), 61.101(e)(4) and (5)

, 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).27 A Brief Description Of The Nature Of The Exemption NetMoby, Inc., Seeks:

This exemption will permit NetMoby, Inc., to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting UAS flight training, education and aerial data collection over certain areas of the United

States.

F. Any Additional Information, Views, or Arguments Available To Support NetMoby, Inc. ’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, NetMoby, Inc. ’s request for exemption may be granted 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 w hether 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 operate without

airworthiness certification. As discussed in detail above, NetMoby, In c., will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

V. CONCLUSION

As set forth herein, NetMoby, Inc., 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 DJI Phantom 3 UAS Advanced commercially, without an airworthiness certificate, for the limited purpose of UAS flight training, ed ucation and conducting aerial data collection over certain 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 i nterests of the public, by allowing NetMoby, Inc., to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the

NAS.

WHEREFORE

, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, NetMoby, Inc., respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R § 61.23 (a) & (c), 14 C.F.R § 61.101(e)(4) and (5)

, 14 C.F.R § 61.113(a) & (b), 14 C.F.R § 91.7(a), 14 C.F.R § 91.121, 14 C.F.R § 91.151(b), 14 C.F.R § 91.405(a), 14 C.F.R § 91.407(a)(1), 14 C.F.R § 91.409(a) (1) & (a) (2), and 14 C.F.R § 91.417 (a) & (b) and permit NetMoby, Inc., to operate the DJI Phantom 3 UAS

Adva nced commercially for the purpose of conducting UAS flight training, education

and aerial data collection over28 certain areas of the United States.

Dated: October 5

, 2015

Respectfully s ubmitted

,

Peter T. Lewis, President NetMoby, Inc.,

5636 Connecticut Ave, NW

N o. 6300 Washington, DC 20015

Robert E. Kelly, Esq. * 4229 Lafayette Center D r ive

Suite 1500 Chantilly, VA 20151

Ph.: 703/447

- 3117 Email: rekellyrek@verizon.net Counsel To NetMoby, Inc. 

### *Admitted to Practice in Virginia, Maryland

and the District of Columbia

EXHIBITS :

A

– NetMoby Operations Checklist and Operations Manual

B

– DJI Phantom 3 Manufacturer’s User

Manual

C

– DJI Phantom 3 Quick Start Guide

D

– Monthly Maintenance Log

The following attached items will be submitted under separate cover as they contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file pursuant t o 14 C.F.R. § 11.35(b).29 EXHIBIT A

NETMOBY CHECKLIST AND OPERATIONS MANUAL

NetMoby, Inc., only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. The DJI Phantom 3 UAS Advanced is equipped with ground breaking software enabling the user to set parameters which will not allow flight into

controlled airspace.

Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set di stance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

.

NetMoby will utilize the following specially

- designed operations instruction checklist

and manual for each UAS flight:



### EXHIBIT A NetMoby DJI Phantom UAV Preflight Checklist
And Operations Manual



# INSPECTION ELEMENT ACTION

Pilot credentials FAA airman license & medical certificate (or in lieu of
medical certificate, a valid US driver’ s license) on

hand

ATIS Listen to ATIS (dialup or ATC monitor radio) of
airport controlling airspace in UAV operating area;

note all NOTAMS and current weather conditions to include ceilings, wind speed/direction and

temperature . Note information alphabet, e.g
., information Kilo (“K”)
Visual Observer (“VO”) in position where he/she can physically see Pilot in
Command (“PIC”). Check to see if VO is physically able to see PIC. Radio
communications check between PIC and VO using
FRS, GMRS, PTT cellular CB app or other radio

means.

Dist ance from closest airport Check to ensure UAV position and entire UAV area of
operation is NO CLOSER than 5 nautical miles from
closest airport. NetMoby PICs must u se Google
Maps, local Airchart, 1:250,000 scale USGS TOPO
map or other accurate map to make this determination prior to UAV flight operation.30 [ R E S E R V E D ] [ R E S E R V E D ]

Drone BATTERY LEVEL E nsure drone battery is fully charged

Drone BATTERY Ensure n o leaks; connectors clean and intact; fully
secured and locked into battery compartment

Remote Control Mobile Device BATTERY Ensure fully charged and that fully recharged spare

or DC charge pack is on hand.

PIC

- to

- VO radio BATTERY Fully charged.
Drone Battery Failsafe Set. T he battery failsafe will trigger a Return to Home (”RTH”) if the main battery:

- voltage drops below 10.5 volts (configurable) for

more than 10 seconds

- remaining capacity falls below the configurable

Reserved milliamp/hour (“ MAH ”)

Return to Home (“RTH”) Failsafe Set (upon control link failure, UAV will retur n to

takeoff coo rdinate)
Remote control battery level Ensure remote battery is fully charged
Remote control battery No leaks; connectors clean and intact; fully secured
and locked into battery compartment

SD memory card Installed

– inserted until locking “click” heard; check
for sufficient remaining memory
Camera lens cap Removed

Camera lens Clean
Gimbal clamp Removed

Gimbal Attached to UAV body securely
Gimbal functionality Power on phantom

– maneuver gimbal, pan & tilt
operation ok
Aircraft body and arms Inspect for integrity

. FAA Registration Number

– Aircraft

identification

– Company identification Clearly visible and not obstructed by tape, paint or other materials or equipment

. Landing gear Inspect for proper attachment and int egrity

. [ R E S E R V E D ] [ R E S E R V E D ]
Propeller balance Att ach prop balancer and calibrate.

Remote control start Turn on (note: power on remote before powering on the phantom)

. Power On with Propellers removed.
[ R E S E R V E D ] [ R E S E R V E D ]

Compass Calibrate by physically rotating aircraft on all 3 axis several times (horizontal first) ; Power off.
Propellers Attached securely; rotation check; Black coded props on black drive shaft and Silver coded props on silver

drive shaft for proper counter

- rotation; Props free of
excessive pitting and cracks. Replace if worn, not

air worthy or pitch angle flattened.

Phantom start Turn on; ensure green power button led illuminates and telemetry sync with remote is activated (sync

sound heard from UAV beeper speaker). Pigeon toe31 controls (left to far right simultaneous with right control to far left) to initiate rotor spin of all 4 props.

UAV LED marker lights Check that all are properly illuminating/ operating.
Control responsiveness Check a t 3 to 6 ft hover

. GPS satellites Ensure at least 5 satellites are p articipating in the

GPS positioning fix.

Altitude Ensure ground level of topo data matches altitude of UAV when sitting on ground by plus/minus 3 ft.
Area clear of people Ensure pilot is 3

- 6 meters from active UAV; Ensure

observers are 6+ meters from active UAV.

Hover check Bring to hover; Visually observe Phantom for
smooth, normal motor and electronic speed control (“ESC”) operation; No unusual sound emitted from

UAV; operate cont rols and check for proper
responsiveness.

Conduct mission Take off over area clear of peopl e; maintain visual eyesight of UAV
Complete flight log Log UAV flight operation area, start time, end time,
name of PIC, name of VO, description of UAV work

missi on and any other pertinent information.

Note: PICs may not listen to music, eat or drink while operating a NetMoby UAV. PICs must be sufficiently rested and must not have consumed alcohol during a period of 24 hours prior to flight
operations.

~ ~ ~32 EXHIBIT B

DJI Phantom 3 Advanced Manufacturer’s User Manual3334 E XHIBIT C

DJI Phantom 3 Advanced Manufacturer’s Quick Start Manual3536 EXHIBIT D

NetMoby’s Monthly Maintenance Log

MONTHLY MAINTENANCE LOG

M onth: _____Y ear:

______

U A S ID__

___ __ Date Issue

Discovered Date Issue

Addressed Issue Description & Maintenance Conducted Maintenance Performed By:

Print & Sign

Software Updates

Airframe

Engines

Electronic Speed

Controllers

Propellers

Battery

Camera Gimbal &

Camera

Landing Gear

Vibration Dampening

LED Marker Lights

Radio Telemetry Link

GPS

Other: