2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

December 23, 2015

Department of Transportation

Docket Management System

1200 New Jersey Avenue SE 

Washington, DC 20590

SUBJECT: Petition for Exemption to Operate Small Unmanned Aircraft Pursuant to Section 333

Petition Summary

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 

2012 (FMRA),Neon Cloud Productions (Neon Cloud) hereby petitions for expedited approval and 

exemption from FAA authorizing commercial operation of its small unmanned aircraft systems (sUAS) 

for aerial photography and videography for marketing and promotional purposes.

If granted, the exemption would permit Neon Cloud to conduct commercial operations of small 

unmanned aircraft systems(sUAS) that meet or exceed operational and safety requirements set forth by 

Congress in Section 333. Neon Cloud requests operations granted under like conditions set forth in 

previous, and similar, Section 333 exemptions granted by FAA. 

Statutory Authority 

Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems (UAS) may 

operate safety in the national airspace system before completion of the plan and rulemaking 

required by Section 332”. Section 333 (b) then lists several factors that should be considered in 

determining which UAS’ would be eligible for expedited integration into the National Airspace 

System (NAS). Specifically UAS’ that “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 the users of the national airspace system or the public, or pose a threat to national 

security.” 

If a UAS meets the criteria laid forth in Section 333 (b), Section 333 (c) FAA has the authority to 

decide if an airworthiness certification as specified by Title 49 United States Code, Section 44704 is 

required for operation. Section 333 (c) specifically states that the FAA can determine “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.” Thus, 

the FAA has the ability to allow a UAS that meets the criteria put forth in Section 333 (b) to operate 

within the NAS without an airworthiness certification as long as the UAS does not pose any hazard 

or threat to the NAS, public, and national security. 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

Request for Relief 

In meeting the aforementioned requirements, Neon Cloud requests relief and exemption from the 

regulations summarized in Table 1. 

Table 1: Relief and exemptions summary

14 CFR 61.113(a) and (b) 14 CFR 91.109

14 C.F.R. 91.7 (a) and (b) 14 CFR 91.119

14 CFR 91.9 (b) (2) 14 CFR 91.121

14 CFR 91.103 14 CFR 91.151(a)

14 C.F.R. 91.401-91.417

Unmanned Aircraft Systems

Neon Cloud is requesting an exemption to operate a DJI Spreading Wings S800 EVO, DJI Spreading Wings 

S900 and the Octo-X (a custom platform using DJI internal components). 

Neon Cloud’s sUAS proposed for operation through this request weigh less than 55 pounds, fly at speeds 

of no more than 100 miles per hour (MPH), carry neither a pilot nor passenger, carry no explosive 

materials or flammable liquid fuels, and will operate within approved flight areas and heights through 

coordination and communication with the Flight Standards District Office (FSDO), Air Traffic

Organization (ATO), air traffic control facilities and personnel, and any other entities or persons to 

satisfy terms set forth by the FAA for this exemption request. 

DJI Spreading Wings Platforms

The Spreading Wings platforms are a vertical takeoff and land (VTOL) UAS with a Ground Control Station 

(GCS) utilizing electronic laptop, tablet, or smart phone systems. The DJI Spreading Wings S800 and S900 

specification are 

DJI Spreading Wings S800

1. Specifications 

a. Frame Diagonal Wheelbase 800mm 

b. Frame Arm Length 350mm 

c. Frame Arm Weight (with Motor, ESC, Propeller) 356g 

d. Center Frame Diameter 240mm 

e. Center Frame Weight 550g 

f. Landing Gear Size 460mm(Length)×425mm(Width)×320mm(Height) (Top width: 

155mm) 

g. Retractable Landing Gear Weight (Including Battery Tray) 1050g 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

2. Motor 

a. Stator Size 41×14mm 

b. KV 400rpm/V 

c. Max Power 500W 

d. Weight (with Cooling Fan) 158g 

3. ESC 

a. Current 40A OPTO 

b. Voltage 6S LiPo 

c. Signal Frequency 30Hz ~ 450Hz 

d. Drive PWM Frequency 8KHz 

e. Weight (with Radiators) 35g 

4. Foldable Propeller (1552) 

a. Material Engineering plastic Size 15×5.2 inch 

b. Weight 13g 

5. Flight Parameters 

a. Takeoff Weight 6.0Kg ~ 8.0Kg 

b. Total Weight 3.7Kg 

c. Power Battery LiPo (6S、10000mAh~15000mAh、15C(Min)) 

d. Max Power Consumption 3000W Hover 

e. Power Consumption 800W(@ Takeoff Weight 6.7Kg) 

f. Hover Time Max: 20 min (@15000mAh & 6.7KgTakeoff Weight) 

g. Working Environment Temperature -10 ~ +40 C

The DJI S800 has been approved for commercial operations in Exemption Nos. 11252 and 11225.

DJI Spreading Wings S900 

1. Aircraft 

a. Diagonal Wheelbase –900mm 

b. Frame Arm Length – 358mm 

c. Frame Arm Weight – 316g 

d. Center Frame Diameter –272mm 

e. Center Frame Weight – 1185g 

2. Propulsion 

a. Stator Size – 41x14mm 

b. kV – 400rpm/V 

c. Max Power – 500W 

d. Weight (witch Cooling Fan) –158g 

3. ESC 

a. Working Current – 40A 

b. Working Voltage –6S LiPo 

c. Signal Frequency (Hz) –30~450 

d. Drive PWM Frequency – 8kHz 

e. Weight (with Radiators) –35g 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

4. Propeller 

a. Size 15x5.2 inch 

b. Weight – 13g 

5. Flight Parameters 

a. Takeoff Weight Minimum –3.3kg 

b. Takeoff Weight Maximum –8.2kg 

c. Power Battery – LiPo 6S 10Ah – 20Ah 15C(Min) 

d. Max Power Consumption –3kW 

e. Hover Power Consumption –1kW 

f. Approximate Flight Time –20 min. 

g. Working Environment Temperature –-10C ~ +40C 

h. Hover Accuracy (Ready to Fly) – Vertical: 0.8m Horizontal: 2.5m 

i. Max Yaw Angular Velocity –200deg/s 

j. Max Tilt Angle – 35deg

k. Max Ascent Speed – 6m/s 

l. Max Descent Speed –2 m/s 

m. Max Flight Speed –15m/s (NOT RECOMMENDED)

The DJI S900 has been approved for commercial operations in Exemption Nos. 11224, 11240, 11250, 

11256, 11279, 11280, 11295 and 11305.

Given their extensive use and reliability, Neon Cloud asserts both the S800 and S900 DJI Spreading 

Wings platforms can operate safely in the National Airspace System (NAS) through their appropriate use 

and operations in accordance with Neon Cloud’s training and operating parameters. Additionally, these 

UAS have GPS, telemetry, and active indications for altitude and battery life –along with manual ground 

control via dual antenna remotes. These aircraft are equipped with gimbals and high definition cameras. 

The following is representative of failsafe emergency procedures available for the Spreading Wings

platforms.

 Loss of Communication: If the communication link with the PIC/operators ground control station 

is lost, a return to home mode procedure will be initiated.

 Low Battery: When the battery level is too low (nearing 30%), or the maximum flight time per 

Neon Cloud operating procedures is reached (8 minutes for the Octo-X and 12 minutes for the 

Spreading Wings) a warning alertsthe PIC/operator and a return to home procedure is initiated.

 Loss of GPS: Losing a GPS signal while flying autonomously will trigger the aircraft to hover using 

onboard altitude sensing. The PIC can then land the aircraft as soon as possible.

Octo X

The Octo X is a custom platform, very similar in nature to the TBS Discovery Pro (approved for 

commercial operations in Exemption No. 12188). Specific, proprietary details of the Octo X are provided

in the Appendix D: Neon Cloud Pilot Unmanned Aircraft Operating Handbook as part of this application. 

This lightweight platform is powered by a lithium polymer battery operated by a ground control station, 

and associated data link equipment. 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

Each of the sUAS platforms described above are equipped with advanced sensors and high definition 

cameras. They also have built-in capabilitiesto limit flight altitude above ground level (AGL) and the 

radius distance flown from the pilot/operator.

In addition, each of the Neon Cloud’s sUAS have integrated safety features designed to help ensure the 

safety of persons and property within and surrounding an active operation area. For instance, as 

described above, if one of the aircraft lose communication with its ground control station or geographic 

positioning system (GPS) signal, the aircraft return-to-home procedure can be initiated. 

The Petitioner has supplied the following additional Information as appendices for consideration of this 

request:

 Appendix A - DJI S800 EVO Platform Information 

 Appendix B - DJI Spreading Wings S900 Platform Information

 Appendix C - DJI Naza-M Information

 Appendix D – Neon Cloud Pilot Operating Handbook (Proprietary)

 Appendix E – Neon Cloud Training Handbook (Proprietary)

Aircraft Marking 

Each of Neon Cloud ’s sUAS will be identified by a serial number, registered in accordance with 14 C.F.R. 

Part 47, and have an identification markings displayed as large as practicable in accordance with 14 

C.F.R. Part 45.

Pre-flight Inspection, Maintenance

Before each flight a Neon Cloud PIC will perform a series of pre-flight and takeoff checks aligned with 

manufacturer recommendations and Neon Cloud’s Unmanned Aircraft Pilot Operating Handbook in the 

provided attachments and appendices with this exemption. 

Routine inspection of all aircraft components, including, but not limited to the items listed below will 

take place:

 Motors, wiring and connectors

 Propellers, smooth, no chips

 Batteries, wiring and connectors

 Remote command and control

 Ground control station

UAS Operating Parameters

Neon Cloud PICs and visual observers, present during any and all flights, will ensure all operation remain 

within VLOS. Flights will be limited to 400 feet AGL – which is accurately measured by GPS, or higher 

with the necessary approval via an FAA certificate of waiver/authorization. Neon Cloud’s operators and 

PICs are well equipped and trained for operations sought in this exemption with hundreds of hours of 

training and practical flight time using the aforementioned unmanned aircraft systems.
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

Communication and coordination with the appropriate FSDO will take place prior to operations, as 

needed. Further coordination will take place, as required, with the Air Traffic Organization to obtain a 

Certificate of Authorization (COA) prior to any operations granted in this requested exemption. Neon 

Cloud sUAS 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 aeronautical chart, unless prior notice is given, 

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 must be made 

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

Neon Cloud’s sUAS operations will remain clear and yield to the right of way of all manned aircraft 

operations and activities (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, and hang gliders). 

Additionally, a grant of the exemption to Neon Cloud to operate their sUAS will be subject to the 

following operating conditions. These are based in part on the operating conditions set forth by a 

community-based unmanned aircraft flying organization.

 Operations to be conducted over private, controlled-access, or public property where approved;

 Permission from the land owner/authority required before commencing any flight;

 Operations over congested areas shall be avoided to the extent possible;

 Operations must not interfere with manned aircraft operations, must yield the right of way to 

manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times;

 Aircraft operations will remain within Visual Line of Sight (VLOS) and will be visually monitored 

by the PIC and/or Visual Observer at all times;

 All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is present at 

the airport

Pilot in Command (PIC)

Any Neon Cloud PIC/operator under this grant of exemption will hold the minimum airmen certificate

required by FAA for the approved operations. 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 Colombia, Puerto Rico, a 

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

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

Regarding Neon Cloud’s requested relief from14 C.F.R. § 91.103(b)(1), the unmanned aircraft 

PIC/operator will comply with applicable procedures and requirements stated in § 91.103(a) and (b). 

Specifically, Neon Cloud PIC/operators will initiate all necessary actions including review of weather

conditions, flight time and battery requirements, aircraft performance data, and landing and takeoff 

distances before each flight. Any site-specific conditions will also be planned and considered during 

preflight procedures and considerations.
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

Radio Frequencies

Radio frequencies used will be those allotted by the Federal Communications Commission (FCC) for data 

transmission and vehicle control in unlicensed frequency bands. All devices used will compl y with FCC 

usage and emissions regulations. 

Safety and Benefits of the UAS

Neon Cloud plans to operate their sUAS in a variety of applications that generally would require flying 

expensive, full-size manned aircraft to successfully conduct a mission or project. 

Small, light, unmanned aircraft vehicles and their systems offer countless benefits over the use of fullsized manned aircraft to numerous industries. Replacing significantly larger manned aircraft carrying 

flights crews and flammable fuel with sUAS that do not carry people creates a much greater margin of 

safety for UAS operators and visual observers by contrast to a manned aircrafts flight crew and 

passengers. The lower acquisition, operational, and personnel costs, in addition to reduced 

environmental impacts such as reduced noise and emissions, through the use of batteries for power –in 

lieu of fuel and combustion engines, are reasons why it is beneficial to the public for Neon Cloud to 

receive FAA authorization to operate its unmanned aircraft.

Conclusion

For the foregoing reasons, and public benefit, the exemption requested herein should be granted and 

Neon Cloud permitted to conduct small UAS operations in accordance with its manuals and all other 

operating parameters deemed necessary and appropriate by the FAA.

Respectfully,

Sarah R. Collins, Ph.D.

President

Avant Unmanned Aerial Solutions, LLC

applying on behalf of 

Brian Donovan Aiken

Owner, Neon Cloud Productions
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. § 91.7 (a) and (b): Civil aircraft airworthiness

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

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 

condition for safe flight. The pilot in command shall discontinue the flight when unairworthy 

mechanical, electrical, or structural conditions occur.

Sections 91.7 (a) and (b) prohibit operation of a civil aircraft unless it is in airworthy condition. Neon 

Cloud requests an exemption from this regulation because their sUAS would not operate with an 

airworthiness certificate under the proposal set forth in this filing. Given the size of the aircraft and 

requirements contained in the manuals for maintenance and use of safety check lists prior to each flight, 

as set forth in in the operators manual, an equivalent level of safety will be provided.

The FAA has issued similar exemptions to this regulation, including to Tradecraft LLC, Exemption No. 

11303. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command 

of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in 

command 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. 

Neon Cloud ’s proposed operations require that the unmanned aircraft PIC must hold at least a Sport 

Pilot Certificate issued by the FAA. Since the aircraft cannot carry passengers or property, it is believed 

Neon Cloud meetsthe intent of 61.113 Subparagraph (b) even though the intent of this application is to 

conduct operations for compensation or hire.

14 C.F.R. § 91.109(a): Flight Instruction

Section 91.109 (a) provides that no person may operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls.

Neon Cloud ’s sUAS are remotely piloted aircraft, and, by design, do not have fully functional dual 

controls. Flight control is accomplished through the use of a remote control and transmitters that 

communicates with the aircraft via radio communications. Completing instruction through the Neon 

Cloud training program will ensure an equivalent level ofsafety. The FAA has approved exemptions for 

flight training without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 5778K and 9862A.
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

14 C.F.R § 91.119 Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. 

As set forth herein by Neon Cloud , their sUAS will never operate at an altitude higher than 400 feet 

AGL. Due to the nature of work proposed for remote sensing, aerial surveys, data and imagery collection 

this work necessitates flights at relatively low altitudes, i.e. less than 500 feet AGL, and an exemption 

from Section 91.119(c) is needed. The equivalent level of safety will be achieved given the size, weight 

speed, andmaterial with which Neon Cloud ’s sUAS are built. Additional consideration will be given prior 

to flights such as communication and permission with the land owner or the party controlling the land. 

With advance notice, all affected individuals will be aware of Neon Cloud ’s remote sensing, aerial 

surveys, data and imagery collection. Compared to similar operations conducted with conventional 

aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated 

with these operations will be far less than those currently allowed with such conventional aircraft 

operating at or below 500 feet AGL. The FAA has approved exemptions for minimum safe altitudes to 

Chustz Surveying –Exemption No. 11285. 

14 C.F.R § 91.121 – Altimeter Settings

91.121 requires aircraft to maintain a cruising level or flight level in reference to a current reported 

altimeter setting. Neon Cloud ’s sUAS are not equipped with a programmable altimeter but rather 

determine location and altitude via an onboard GPS. Additionally, since the E384 will be operating at or 

below 400 ft. AGL, there is no need to maintain hemispherical cruising altitudes for de-confliction with 

manned aircraft. For these reasons Neon Cloud seeks exemption from this regulation.

An equal level of safety will be achieved through the Phantom, Inspire and E384 GPS, which provides 

altitude and location data to the PIC via the ground control station. The sUAS Operations Manual, 

provided as Appendices, specifically addresses monitoring altitude and GPS readings prior to 

commencing flight operations. Combined with the fact that the aircraft’s altitude will be visually 

monitored by the PIC and Visual Observer, an equal level of safety is attained in lieu of referencing an 

altimeter setting. 

The FAA has approved exemptions for minimum safe altitudes to Pravia – Exemption No. 11166. 

14 C.F.R. § 91.151 (b): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (b) prohibits an individual from beginning “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.

The Phantom and Inspire series battery life provides at most 25 minutes of powered flight. Without an 

exemption from 14 C.F.R. §91.151, flights would be limited to 5 minutes or less. 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

Given the limitations on Neon Cloud ’s proposed operations, a lesser reserve for flight in VFR conditions 

is reasonable. Neon Cloud believes that an exemption from 14 C.F.R. § 91.151 (a) is safe and consistent 

with the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with 91.151 (a)). Operating the Phantom and Inspire sUAS without 20 

minutes of reserve fuel does not produce the type of risks Section 91.151 (a) intended to prevent. Given 

its weight and construction material, the risks are less then contemplated by the current regulation.

Neon Cloud believes that an equivalent level of safety can be achieved by the fact that their sUAS can 

safely utilize VTOL capability to quickly and safely land within 3 minutes of an area within VLOS once 

alerted of a low battery.

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and 10808.

Part 91 Subpart E (91.401-91.417) – Maintenance, Preventative Maintenance, and 

Alterations

These regulations provided the maintenance and inspections requirements in reference to Part 39 and 

Part 43. 91.405 (a) specifically states that “no person may perform maintenance, preventive 

maintenance, and alterations on an aircraft other than as prescribed in this subpart and other applicable 

regulations, including part 43 of this chapter.” Neon Cloud seeks full exemption from these regulations 

due to the fact that these sections apply to an aircraft with an airworthiness certificate for which Neon 

Cloud is already seeking exemption.

An equal level of safety will be achieved by abiding by the manufacturer recommendations and Neon 

Cloud pilot operating handbook for the Spreading Wings and Octo-X (see appendices provided with this 

exemption request) which provide relevant instructions. Neon Cloud’s will be responsible for conducting 

and logging maintenance in accordance with these procedures. Neon Cloud PICs will test to confirm 

their sUAS are suited for flight following any maintenance. Maintenance that Neon Cloud is not capable 

of performing, or covered in these procedures, will be performed by the manufacturers. 

Similar exemptions have been granted to others such as TradeCraft, Exemption 11303, Toledo Aerial 

Media, Exemption 11288, and Skyphilly, Exemption 11256. 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

469.878.8011

Appendix A - DJI S800 EVO Platform Information 

 SPREADING WINGS S800 EVOUser Manual v1.10: 

http://dl.djicdn.com/downloads/s800evo/en/S800_EVO_User_Manual_v1.10_en.pdf. 

 SPREADING WINGS S800 EVOUsage Notes: 

http://dl.djicdn.com/downloads/s800evo/S800_EVO_Printed_Tips.pdf.

 SPREADING WINGS S800 EVORelease Notes: 

http://dl.djicdn.com/downloads/s800evo/en/S800_EVO_release_note_en.pdf.

Appendix B - DJI Spreading Wings S900 Platform Information

 DJI Spreading Wings S900 User Manual v1.2:

http://dl.djicdn.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf. 

 DJI Spreading Wings S900 Release Notes: 

http://dl.djicdn.com/downloads/s900/en/S900_release_note_en.pdf. 

 DJI Spreading S900 Wings Pilot Operating Handbook: 

http://www.troybuiltmodels.com/ns/manuals/POH-S900-troybuiltmodels.com.pdf. 

Appendix C - DJI Naza-M Information 

 DJI Naza-M V2 Quick Start Manual: http://dl.djicdn.com/downloads/nazam-v2/en/NAZAM_Quick_Start_Guide_v1.28_en.pdf. 

 Naza-M v2 Release Notes: http://dl.djicdn.com/downloads/nazamv2/en/NM_release_notes_en.pdf. 

Note: Due to many materials linked above exceeding the maximum allowable upload file size on FAA’s 

exemption portal, this information is being provided in the form of direct links on the manufacturers 

website. Please contact us if this information needs to be supplied by another means. 

Appendix D – Neon Cloud Pilot Operating Handbook (Proprietary)

Appendix E – Neon Cloud Training Handbook (Proprietary)