Attn: Rob Pappas 

Federal Aviation Administration (FAA) 

AFS-80 

June 08, 2015 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 

and 14CFR Part 11. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14CFRPart 11, 

Nephos Services LLC is requesting an exemption from certain 14CFR regulations for the OPUUS 

(Organic Personal Use Unmanned Aircraft System) Model AK4V-EX1 UAS. This exemption filing, 

due to a customer request, will support further testing and operation of the OPUUS, which is 

currently going through an application for a Type Certificate. 

The OPUUS has multiple applications including national security, critical infrastructure security 

and inspection, search and rescue, and news gathering. The purpose of this request is to support 

news gathering for a media company. Federal oversight of all broadcasting has historically been 

to develop industry milestones, to foster commercial development of the industry and to ensure 

that broadcasting serves the educational and informational needs of the American people. 

Nephos Services LLC believes that in many respects these two goals have been complementary, 

and likewise believes that the operation of the OPUUS will support both goals. 

The OPUUS is primarily fabricated using Additive Manufacturing technology. The aircraft is 

configured with four (4) 16" 3-bladed rotors powered by four (4) brushless DC electric motors. 

The main power supply is composed of sole source battery(s) to power the electrical and 

propulsion systems onboard the aircraft. Power distribution is handled simultaneously by 

electronic speed control devices, which evenly distribute required power supplies to the 

propulsion system, control, and subsystem electronic devices. Power distribution is handled by a 

centralized system that balances battery supply loads with system power requirements. 

The aircraft dimensions are: 

Length - 34.2" 

Width - 34.2" 

Diagonal - 41.4" 

Height- 10.9" 

Maximum Gross Takeoff Weight- 25 lbs. 
The Performance capabilities include: 

Maximum Altitude- 200' AGL 

Maximum Endurance- 30 minutes 

Maximum Rate of Climb- 5 meters/second 

Maximum Rate of Descent- 3 meters/second 

Maximum Bank Angle- 35 degrees 

Turn Rate limits- 2pi radians/second 

Headwind limitation- 20 MPH 

Crosswind limitation - 20 MPH 

Wind Gusts- 35 MPH 

The command and control link connecting the UAS to the control station operates as frequency 

hopping spread spectrum over the 915 MHz spectrum; spectrum approval is granted by the ISM 

band region 2 in relation to part 18 of the FCC rules. The data link uses two-way full duplex 

communication through adaptive Time Division Multiplexing (TDM) and mavlink protocol 

framing. There is not a signal strength display; however an error will be displayed when link a 

loss of link is detected. When a loss of link is detected during takeoff, climb, cruise, descent, or 

landing, the aircraft will stop, navigate to the landing location, and land. The return home point 

defaults to the takeoff location of the most current flight, the point is selected and retained 

automatically by the UAS upon arming and takeoff commands. Return to home and land mode 

can be activated manually by the PIC at any time necessary. Additionally, the UAS is equipped 

with an emergency shut-down system that that utilizes the 433MHz band which the PIC can 

activate during any phase of flight. 

Additionally, the aircraft is designed to have, as an option, a TSO compliant 978MHz ADS-B Out 

UAT with embedded WAAS GPS, which will provide ATC surveillance capability when required. 

The ADS-B, as provided by the FAA NextGen initiative, will provide superior and more flexible 

surveillance capability than Mode-C or Mode-S transponder equipment. 

The contact information for the applicant is: 

Nephos Services LLC 

Attn: Technical Department 

Phone: (817) 809-6249 

Email: nephos.services@gmail.com 

The regulations from which Nephos Services LLC is requesting exemption are identified and 

substantiated on the following page. 
Part 91.407 

Part 91 

Operation After Maintenance, Preventive Maintenance, 

Rebuildin or Alteration 

Ins 

14CFR Part 21: Certification Procedures for Products and Parts 

Nephos Services LLC is seeking an exemption from the certification requirements of 14CFR Part 

21. In order to provide an equivalent level of safety Nephos Services LLC is proposing to design, 

construct, and quality manage the aircraft in accordance with ASTM consensus standards F2910-

14, F2911-14, F3002-14a, and FF3003-14. 

14CFR Part 91.203(a) Civil Aircraft: Certifications Required 

14CFR Part 91.203(a) prohibits a person from operating a civil aircraft unless it has within it an 

appropriate and current airworthiness certificate. 

Nephos Services LLC is seeking exemption from the requirement for an airworthiness certificate. 

In order to provide an equivalent level of safety Nephos Services LLC is proposing that the aircraft 

be operated under the following operating limitations: 

All operations will occur in Class B, C, D, E, G airspace at no more than 200' AGL 

The aircraft distance from the launch location (return to home location) will be limited to 300' 

laterally 

The aircraft launch location (return to home location) will be a minimum 500' from populated 

area(s) 

The aircraft will not be operated over high traffic areas 

The aircraft will not be operated within 1 mile of an airport 

The aircraft will be operated during the day time in VMC/VFR conditions only 

The aircraft will be operated within Visual Line of Sight of the PIC/GCS 

PIC will file a NOT AM providing the coordinates and time frame for each group of flights with 

ATC when necessary within Class B, C, or D airspace 

The aircraft will not carry persons or property 
14CFR Part 91.203(b): Civil Aircraft: Certifications Required 

14CFR Part 91.203(b) prohibits a person from operating a civil aircraft unless it has within it an 

effective U.S. registration certificate issued to its owner. 

Due to the size of the aircraft, and the fact that the aircraft will not carry persons Nephos Services 

LLC is requesting exemption from this requirement; however, in order to meet the intent of this 

requirement Nephos Services LLC is proposing that the aircraft registration be located at the GCS 

with the crew. Additionally, to ensure that applicability can be determined the aircraft and the 

GCS will be identified with a permanently attached data tag that includes: 

Manufacturer Name 

Aircraft Model Number 

Serial Number 

14CFR Part 45.29: Size of Marks 

14CFR 45.29 requires the aircraft to be marked with registration marks that meet minimum size 

requirements. 

Due to the size of the aircraft Nephos Services LLC is requesting an exemption to the size 

requirements for the registration number identified in this regulation. Nephos Services LLC 

proposes to mark the aircraft with the largest registration number possible on each side of the 

aircraft. 

14CFR Part 91.9: Civil Aircraft Flight Manual, Marking, and Placard Requirements 

14CFR Part 91.9 prohibits a person from operating a U.S. registered civil aircraft unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Manual. 

To ensure that an equivalent level of safety is maintained and to meet the intent of this 

requirement Nephos Services LLC proposes that an approved POH will be located at the GCS and 

will be available to the crew during all phases of preparation and flight. 

14CFR Part 91.119: Minimum Safe Altitudes: General 

14CFR Part 91.119 prohibits except when necessary for takeoff or landing, no person may 

operate an aircraft below minimum altitudes specified therein. 

Based on the strict operational limitations described in previous sections of this petition and due 

to the fact that the aircraft is equipped with an emergency shut-down system, Nephos Services 

LLC requests exemption from this requirement. Nephos Services LLC believes that these strict 

operational limitations and safety attributes provide an equivalent level of safety for operations 

below the minimum altitude requirements. 
14CFR Part 91.121: Altimeter Settings 

14CFR Part 91.121 requires that each person an aircraft to maintain cruising altitude or flight 

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

barometric pressure 

Nephos Services LLC is requesting an exemption to this requirement based on the operational 

limitations described previously, and based upon the fact that the aircraft will be equipped with 

ADS-Bin/out, a sonar altimeter to report the altitude above ground level, and the aircraft will be 

operated at a max altitude of 200' AGL. 

14CFR Part 91.151: Fuel Requirements for Flight in VFR Conditions 

14CFR Part 91.151 requires that no person may begin a flight in a rotorcraft under VFR conditions 

unless 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 aircraft is operated via an electrical system. The aircraft receives electrical power from 

lithium-ion battery packs with a maximum flight time of 30 minutes. The aircraft will be equipped 

with a HUMS system that will monitor battery depletion and provide the PIC with remaining 

battery power displayed as a percentage. Additionally, if the battery is depleted to a critical point 

of 20% usefulness the aircraft will initiate the return-to-home and land function. Based on these 

safety features, and the operational limitation to be operated identified above Nephos Services 

LLC requests exemption from this requirement. 

14CFR Part 91.405: Maintenance Required 

14CFR Part 91.405 require each owner or operator of an aircraft to have the aircraft inspected as 

prescribed in Part 91 Subpart E. 

Nephos Services LLC has developed an inspection program that is further detailed below (14CFR 

Part 91.409: Inspections). All maintenance required will be performed by the manufacturer of 

the UAS (Aero Kinetics). The maintenance performed will be documented on the maintenance 

log form. 

14CFR Part 91.407: Operation after Maintenance, Preventive Maintenance, Rebuilding, or 

Alteration 

14CFR Part 91.407 requires that no person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless (1} It has been approved 

for return to service by a person authorized under Sec. 43.7 of this chapter; and (2) The 

maintenance record entry required by Sec. 43.9 or Sec. 43.11, as applicable, of this chapter has 

been made. 
Nephos Services LLC requests exemption from the requirement to utilize personnel authorized 

by 14 CFR Part 43.7 due to the fact that all maintenance and inspections, other than the preflight 

inspection, will be performed by the manufacturer. 

14CFR Part 91.409: Inspections 

14CFR Part 91.409 requires that no person may operate an aircraft unless, within the preceding 

12 calendar months, it has had an annual inspection in accordance with part 43 of this chapter 

and has been approved for return to service by a person authorized by Sec. 43.7 of this chapter 

Nephos Services LLC has developed an inspection program for the UAS that provides an 

equivalent level of safety for the inspections required by this section. See inspection 

requirements below: 

Scheduled Inspections ,~, ' ' 

,. ' 

Description Interval '' > ,, 

> 

Pre-flight Inspection Before Each Flight 

Post-flight Inspection After Each Flight 

Powertrain Inspection 5 hours 

Battery Performance Evaluation 10 hours 

Airframe Inspection 50 hours 

Command & Control Link Evaluation 500 hours 

91.411 Altimeter Verification Test 100 hours 

ADS-B Out Verification Test 100 hours 

Event 111spections '', : ': 

,•, : ' ,' ' ,: :' 

Description lnterv~l ,', <: ': 

,',.,, > 

Rotor Blade Impact Inspection Before Next Flight 

Unforeseen Impact with Terrain Before Next Flight 

FAA Order 8900.227 Para. 16 (c)(2)(c) Unmanned Aircraft Systems (UAS) Operational 

Approval 

This order requires that operation of a UAS by uncertificated pilots be conducted in a sparsely 

populated location, and that the UAS is only operated in class G airspace. 

Nephos Services LLC is requesting that the UAS be operated in class B, C, D, E, G airspace with 

uncertificated pilots. This request is based on the operational limitations stated above that limits 

the aircraft to a max altitude of 200' AGL, the aircraft distance from the launch location (return 

to home location) will be limited to 300' laterally, and the aircraft launch location (return to home 

location) will be a minimum 500' from populated area(s). Additionally, PIC(s) who are not 

certified pilots will be required to complete initial and recurrent training from the manufacturer 

of the UAS. The initial training requires a minimum of sixteen (16) hours of training that includes 

a minimum of four (4) hours of class room training, and a minimum of (12) twelve hours of flight 
training. The recurrent training requires a minimum of four (4} hours of training that includes 

one (1} hour of classroom training, and a minimum of three (3} hours of flight training. The 

recurrent training must be completed annually to maintain authorization. 

We look forward to working with your office to satisfy the exempted regulations identified above 

with appropriate equivalent level of safety. Please contact us at any time should require further 

information or clarification. 

Sincerely, 

fv(;l/ dL 

Michael Osburn 

Chief Operating Officer