November 8, 2015 

U.S. Department of Transportation (DOT) 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition for Exemption, requesting relief as per the FAA Modernization and Reform Act of 2012, 

Public Law 112-95, Section 333 

MobiV deo, Inc., hereby submits to the Federal Aviation Administration, pursuant to the FAA 

Modernization and Reform Act of 2012, an exemption for petition, in accordance with Section 333 of the 

Act. 

This letter provides requested information as listed in the FAA's "Public Guidance for Petitions for 

Exemptions Filed under Section 333" and "Section 333 Petition Guidance & Checklist". 

MobiV deo, Inc. Background 

MobiVdeo, Inc. is a Delaware Corporation that operates Small Unmanned Aircraft Systems (sUAS) 

equipped to conduct aerial data collection. These aerial data collection services and uses will be provided 

to a variety of industries in both the private and public sector, including but not limited to commercial and 

private real estate, surface mapping for GIS purposes, and infrared sensing for infrastructure inspection. 

The MobiVdeo team has extensive experience in both safely piloting sUASs and providing aerial 

photography, videography, sensing and imaging services, aerial marketing and advertising using 

unmanned aerial vehicles and systems. 

MobiVdeo will be conducting commercial operations ofsUAS for: 

1. Aerial filming. 

2. Aerial imagery. 

3. Aerial inspections. 

4. Aerial photography. 

5. Aerial surveying. 

6. Aerial videography. 

7. Aerial marketing and advertising. 

Examples include, but are not limited to: 

1. Agriculture 

2. Air quality monitoring 

3. Athletic performances 

4. Bridges 

5. Building and construction zone 

6. Construction sites 

7. Crop surveying 

8. Education 

9. Electric grids 

1 0. Electric utility industry, oil and pipelines 

11. Emergency management assistance 

a. Search and rescue, hazmat/ chemical, biological, radiological and nuclear management, 

and emergency and disaster response 

12. Establish a UAS Flight Instruction Program 

13. Flare stacks 

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14. Geographic Information Systems (GIS) 

15. Geologic hazard assessment 

16. Image mapping 

17. Mapping and survey applications 

18. Market research 

19. Media and advertising 

20. Mines 

21. Petroleum and mining industry 

22. Power lines 

23. Pipeline patrol 

24. Precision aerial surveys 

25. Professional marketing 

26. Railroad infrastructure and operations 

27. Remote sensing 

28. Research and development 

29. Security services 

30. Student instruction 

31. T elecommunicationl cell tower sites 

32. Wildlife and natural resource 

3 3. Disasters and catastrophe events 

Contact Information 

Nagendra Nagarajayya 

MobiVdeo, Inc. 

4302 Denker Dr. 

Pleasanton, CA 94588 

Telephone: 925-462-8910 

Email: nnagarajayya@mobivdeo.com 

Specific Sections of 14 CFR for which the exemption is sought: 

• 14 CFR 21, Subpart H, Airworthiness Certificates 

• 14 CFR 61.23(a) and (c), Medical certificates: Requirement and duration 

• 14 CFR 61.101(e)(4) and (5), Recreational pilot privileges and limitations 

• 14 CFR 61.113(a), Certification: Pilots, Flight Instructors, and Ground Instructors 

• 14 CFR 61.315(a), What are the privileges and limits of my sport pilot certificate? 

• 14 CFR 91.7(a), Airworthiness required for operation 

• 14 CFR 91.119(c), Minimum safe altitudes 

• 14 CFR 91.121, Altimeter settings 

• 14 CFR 91.151(a)(1), Fuel requirements for flights in VFR conditions 

• 14 CFR 91.405(a), Maintenance required 

• 14 CFR 91.407(a)(1), Operations after maintenance 

• 14 CFR 91.409(a)(l) and (2), Inspections 

• 14 CFR 91.417(a) and (b), Maintenance records 

Equivalent level of safety 

In an effort to minimize risk to the National Airspace System, and to minimize risk to persons and 

property on the ground, operations will be conducted in accordance to the following limitations and 

conditions: 

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1. Operations authorized are limited to the UAS requested in this petition when weighing less than 

55 pounds including payload. Proposed operations of any other aircraft will require a new petition 

or a petition to amend. 

2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). Either 

groundspeed or calibrated airspeed may be used 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 must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

5. 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, as 

specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the 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 must be able 

to communicate verbally at all times; electronic messaging or texting is not permitted during 

flight operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. All documents needed to operate the UAS and conduct its operations in accordance with the 

conditions and limitations stated in this petition, are hereinafter referred to as the operating 

documents. The operating documents must be accessible during UAS operations and made 

available to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, the 

conditions and limitations herein take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The operator may 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 must also present updated and revised documents if it petitions for 

extension or amendment to this petition. If the operator determines that any update or revision 

would affect the basis upon which the FAA would grant an exemption, then the operator must 

petition for an 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 affect the UAS operation or flight 

characteristics, e.g., replacement of a flight critical component, must undergo a functional test 

flight prior to conducting further operations. Functional test flights may only be conducted by a 

PIC with aVO 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 ensure that it is in a 

condition for safe operation. 

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10. Prior to each flight, the PIC must 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 condition for safe flight. 

11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this petition must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, 

a territory, a possession, or the Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this petition, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a 

manner consistent with 14 CFR § 61.51 (b). Flights for the purposes of training the operator's 

PICs and VOs (training, proficiency, and experience-building) and determining the PIC's ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated under this 

petition are permitted under the terms of this petition. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered nonparticipants, and 

the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 

14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized. 

16. The UA may 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 aeronautical chart, unless a 

letter of agreement with that airport's management is obtained or otherwise permitted by a COA 

issued to the petition requester. The letter of agreement with the airport management must be 

made available to the Administrator or any law enforcement official upon request. 

17. 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. 

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at 

not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible 

from at least one mile. This requirement for pennants or streamers is not applicable when 

operating exclusively below the top of and within 250 feet of any structure, so long as the UA 

operation does not obscure the lighting of the structure. 

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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. 

20. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies. 

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available 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. Air Traffic Organization (ATO) Certificate ofWaiver or Authorization (COA). All operations 

shall be conducted in accordance with an A TO-issued COA. The petitioner may apply for a new 

or amended COA if it intends to conduct operations that cannot be conducted under the terms of 

an existing COA. 

23. All aircraft operated in accordance vvith this exemption must be identified by serial number, 

registered in accordance with 14 CFRpart 47, and have identification (N- Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 

24. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground 

Control 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 give way to all manned aviation operations and activities at all 

times. 

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

27. All Flight operations must 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 must 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 must cease immediately in a manner 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 determined that it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

28. All operations shall be conducted over private or controlled-access property with permission from 

the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

29. 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 

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Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

For operations of closed-set motion picture and television filming and production, the following 

additional conditions and limitations apply. 

30. The operator must have a motion picture and television operations manual (MPTOM) and 

submitted as an amendment to the petition. 

31. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must 

submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed filming. The 3-day notification may be waived with the 

concurrence ofthe FSDO. The plan of activities must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted under this 

grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of the 

UAS; 

d. Make, model, and serial or N-Number of UAS to be used; 

e. Name and certificate number ofUAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission 

must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation. 

32. Flight operations may be conducted closer than 500 feet from participating persons consenting to 

be involved and necessary for the filming production, as specified in the MPTOM. 

Unless otherwise specified, the UAS, the UAS PIC, and the UAS operations must comply with all 

applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. 

Public Interest 

1. Project and construction management, inspections and monitoring. The use of sUASs on 

construction sites may improve the safety of workers, local residents and general public by assessing 

potential dangerous situations. Falls and injuries may be reduce9- or eliminated through a more 

thorough review of the construction sites. In some cases, sUASs may reduce the reliance of 

helicopters or small aircraft to monitor said sites. This may improve safety as well as reduce 

environmental impact by reducing energy usage; 

2. Environmental Review projects. The use of sUASs during the process of reviewing projects as 

required by 24 C.F.R 50.4, 58.5 and 58.6 would provide a more in-depth Environmental Review of 

the project site as well as surrounding areas. Reliance of helicopters or small aircraft may be 

eliminated; 

3. Aerial surveying. The use of sUASs in connection with aerial surveying of smaller areas may 

eliminate the use of helicopters or aircraft. This could provide a more cost effective, safer and more 

energy efficient product; 

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4. Agricultural projects. Wildlife and Forestry projects. The use of sUASs could assist with surveying 

agricultural projects as well as wildlife and forestry projects by providing information when problems 

occur, vermin infestation, fire hazards, etc.; 

5. Remote Sensing projects. The use of sUASs could provide views and information for remote and 

inaccessible areas. This could promote worker safety as well as reduce the reliance on helicopters and 

aircraft; 

6. Aerial Marketing and Advertising projects. The use ofsUASs could provide views and information 

for community service type information like amber alerts, early warning systems, America's most 

wanted, missing children, public safety messages, etc. This could promote community building, 

relationships and providing assistance to local law organizations during search, rescue and alert 

miSSIOns. 

7. Educational and Research projects. The use of sUASs could provide information for said projects 

in a more cost effective and efficient manner than other available options; 

8. Aerial filmmaking, photography and real estate purposes. The use of sUASs may provide a point of 

view previously unavailable through other means. They would be more cost effective, efficient and 

more safely than helicopters and aircraft; and 

9. Search and rescue. The use of sUASs may provide assistance to local law organizations during 

search and rescue missions. SUASs may reach areas unattainable or viewable with helicopters and 

aircraft. SUASs may be implemented quicker as time is of the essence during search and rescue 

operations. 

Proposed Operations 

As will be shown herein, MobiVdeo meets and exceeds the stated §333 requirements as well as the 

guidance promulgated by the FAA. The proposed operations in this petition for exemption qualify for 

expedited approval under §333 of the FMRA. Each of the statutory criteria and other relevant factors are 

satisfied. 

The proposed operations permit the use of small and relatively inexpensive UAS under controlled 

conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that ( 4) 

provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to 

accomplish the same purpose. 

MobiVdeo sUAS are multi-rotor sUAS, weighing 55 or fewer pounds, including payload. They operate, 

under normal conditions, at low speed and have the capability to hover and move in the vertical and 

horizontal plane. MobiV deo U ASs will operate in line of sight, or pursuant to the prevailing FAA 

regulations and guidance. 

Given the small size of the sUASs involved and the restricted environment within which they will 

operate, the comprehensive safety and operational parameters used by MobiV deo, and MobiV deo 

commitment to compliance with the FAA's regulations now and into the future, this petition exemption 

falls within the equivalent level of safety that Congress desired the FAA to permit commercial UAS 

operations by exemption pending completion of formal rulemaking. Also, due to the size of the sUASs 

and the restricted area in which the sUASs will operate, approval of the application presents no national 

security issue. 

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Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) 

significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving 

operations USES and decreasing operating costs, and (3) providing an environmentally conscientious way 

of producing aerial photography, videography, sensing and imaging services, aerial marketing and 

advertising and otl1er aerial data collection services operations. 

Considering the clear direction in §333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant 

public benefit, the grant of the requested exemptions is also in the public interest. Accordingly, 

MobiVdeo respectfully requests the FAA grant the requested exemption without delay. 

Unmanned Aircraft Systems to be used for Proposed Operations 

• Aeryon Sky Ranger 

• DJI Inspire 1 

• DJI Phantom 3 Professional 

• Zero-Tech High One 

• 3D Robotics Solo 

• DJI Spreading Wings S800 

• 3D Robotics X8 

• DJI Phantom 2 Vision Plus 

• Tarot T960 A2 50 Wps ARTF Combo 

• Airborne A1 HD X8 

• Airborne A2 HD X4 

• Airborne A2 HD X8 

• DYS D800-X8 

• Foxtechfpv D 130 X8 V2 A2 12S RTF COMBO 

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