2645 Twin Point Drive , Suite 101

- A Lewisville

, Texas 75056 469. 878.8011 December 2 3 , 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) h ereby petitions for expedited approval and

ex emption 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 operation s 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, operationa l 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 f orth 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 th at 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 aforeme ntioned 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 System s

N eon Cloud is requesting an exemption to operate a DJI Spreading Wi n gs 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 (M PH) , carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and will operate within approved flight area s and heights through coordination and communication with the F light S tandards D istrict O ffice (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 Platfor ms The Spreading Wings pla t forms 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 S 800 and S 900 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(Leng th)×425mm(Width)×320mm(Height) (Top width: 155mm)

g. Retractable Landing Gear Weight (Including Battery Tray) 1050g2645 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 Environm ent 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. Cen ter 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)

– 35g2645 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 Bat tery

– 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: 2.5 m 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 b oth 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, t hese
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 Wing s platforms.

 Loss of Communication: If the communication link with the PIC/ operators ground control station is lost, a return to home mode p rocedure will be initiated

.

 Low Battery: W hen 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 1 2 min u t es for the Spreading Wings) a warning alerts the PIC/operator and a return to home procedure is initiated

.

 Loss of GPS: Losing a GPS signal while flying auton omously 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 oper ations 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 polyme r 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 E ach of the sUAS platforms described above are equipped with advanced sensors and high definition

camera s

. They also have built

- in capabilities to limit flight altitude above ground level (AGL) and the radius dis tance flown from the pilot/operator.

In addition, each of the Neon Cloud ’s sUAS have integrated safety features design ed 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 st ation or geog raphic positioning system (GPS) signal

, the aircraft return

- to

- home procedure can be in i tiated.

The Petitioner has s upplied the f ollowing a dditional Information as appendices for c onsideration of this request :

 Appendix A

- DJI S800 EVO Platform Informa tion

 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 T raining H andbook (Proprietary)



### Aircraft Marking

Each of Neon Cloud ’s s UAS 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 acc ordance 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

manu facturer recommendations and Neon C l oud ’ s Unmanned Aircraft Pilot Operating Handbook in the provided attach ments and a ppendices 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. F lights will be limited to 400 feet AGL

– which is accurately measured by GPS , or higher with the necessary approval via a n 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

tra ining 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/F acility 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 a irport’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 s UAS operations will remain clear and yield to the right of way of a ll manned aircraft operations and activities (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and han g gliders).

Additionally, a grant of the exemption to Neon Cloud to operate their sUAS will be subject to the f ollowing 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 an d/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 ope r a tions . 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, Pu erto 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 Clo ud ’s requested relief from 14 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 condition s , 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

Rad io 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 o f 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 full

sized manned aircraft to n umerous industries. Repl acing 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

passeng ers

. T he 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 beneficia l 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 accor dance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA.

Respectfully,

Sarah R. Collins, Ph.D. President
Av ant Unmanned Aerial Solutions, LLC

a pplying on behalf of

Brian Donovan Aiken Owner, Neon Cloud Productions2645 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 conditio n. Neon Cloud requests an exemption from this regulation because the ir 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 m anual s 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 CF R 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 compens ation 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 passeng ers 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. Si nce the aircraft cannot carry passengers or property, it is believed
Neon Cloud meet s the 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 of safety. 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 Alt itudes 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 , the ir 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, and material with which Neon Cloud ’s sUAS are built. Additional consideration will be given prior to fligh ts 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 operation s 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 50 0 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 repor ted 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 hemispher ical 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 visu ally 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 Req uirements 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 inte nded 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 t o 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 quickl y 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 Maint enance, 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 aircr aft 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 abidin g by the manufacturer recommendations and Neon Cloud pilot operating handbook for the Spreading W ings 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

. M aintenance that Neon Cloud is not capable of performing, or covered in these procedures, will be performed by the manufacturer s

. 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 

## Append ix A

- DJI S800 EVO Platform Information

 SPREADING WINGS S800 EVO User Manual v1.10 : http://dl.djicdn.com/downloads/s800evo/e n/S800_EVO_User_Manual_v1.10_en.pdf

.

 SPREADING WINGS S800 EVO Usage Notes : http://dl.djicdn.com/downloads/s800evo/S800_EVO_Printed_Tips.pdf

.

 SPREADING WINGS S800 EVO Release Notes : http://dl.djicdn.com/downloads/s800evo/en/S800_EVO_release_note_en.pdf

.



## A ppendix 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.co m/downloads/s900/en/S900_release_note_en.pdf

.

 DJI Spreading S 900 Wings Pilot O perating Handbook: http://www.troybuiltmodels.com/ns/manuals/POH

- S900

- troybuiltmodels.c om.pdf

. 

## Appendix C

- DJI Naza

- M Information

 DJI Naza

- M V2 Quick Start Manual : http://dl.djicdn.com/downloads/nazam

- v2/en/NAZA

M_Quick_Start_Guide_v1.28_en.pdf

.

 Naza

- M v2 Release Notes : http://dl.djicdn.com/downloads/nazam

v2/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)