Dr. Parag Batavia

President, Neya Systems LLC

Neya Systems LLC

145 Lake Drive, Suite 104

Wexford, PA 15090

724.799.8078 x101

The Honorable Anthony R. Foxx

Office of the Secretary

US Department of Transportation

1200 New Jersey Ave., SE Washington, DC

20590

The Honorable Michael P. Huerta

Office of the Administrator

Federal Aviation Administration

800 Independence Avenue SW Washington, DC 20591

January 18th, 2016

RE: Neya Systems sUAS Airworthiness Exemption Petition for FMRA Sec 333 Exemption

Gentlemen:

Neya Systems, LLC (‘Neya Systems’) hereby petitions the FAA for regulatory relief pursuant to Section

333 of P.L 112–95 333 and 14 C.F.R. Sec. 11.81 to conduct commercial flights with sUAS owned by Neya Systems 

and to pursue research and development of the those sUAS and associated sUAS software within defined areas of 

operations, secured according to the Neya Systems procedures outlined in this document, in the national airspace 

(NAS). Attached, therefore, is a request for exemption from airworthiness and specific Title 14 C.F.R. sections for

the types of sUAS and sUAS operations described in this Section 333 exemption petition.

Neya Systems is a software platform developer dedicated to developing fleet management systems and operations

processes for the safe deployment of sUAS in the NAS. This petition seeks authorization to operate the Neya 

Systems sUAS described in this petition within restricted access areas. These areas of operations, similar to the

“closed set” areas described in Exemption No. 11062, will be defined and submitted for approval prior to operations.

Generally, Neya Systems sUAS operations will be below an altitude of 400 ft. AGL, within specific accessrestricted areas, within Class G airspace, with the permission of the flight service station, using sUAVs operated by

Neya Systems qualified sUAS operators who possess FAA required certification, and within visual line of sight of

the operator or observer. The UAVs contemplated in this proposal are of small size and weight (less than 55 lb.),

capable of relatively slow speeds (top speed of a UAV to be deployed under this petition is less than 50 kt.) and, as

demonstrated in this petition, do not pose a threat to the safety of the NAS, persons on the ground, or national

security.

This exemption seeks authorization to conduct commercial and R&D flights according to the terms of this petition

while adhering to all other FAA sUAS rules and regulations.
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Why we require an exemption

Commercial Operation

An exemption is required because current FAA regulations do not allow for the commercial use of sUAS lacking

airworthiness certificates in the NAS. Neya Systems requests an airworthiness exemption for the specific types of

sUAS described in this petition to carry both active payloads including sensor packages, e.g. film and video

equipment, and light-weight inert payloads.

Research and Development

Neya Systems develops operational, navigational, and fleet management software for commercial sUAS so that they

may fly safely and predictably in the NAS. In order to develop and test the software for these sUAS under the

variety of operational conditions a sUAS will face in the NAS, it is necessary to test various sUAS and sUAS

configurations, operating systems, and management systems in different environments. FAA Order 8130.34C for a

Special Airworthiness Certificate: Experimental Category does not authorize the necessary variable aircraft

characteristics and systems to meaningfully test the responsiveness of these sUAS to the capricious influences

affecting the NAS.

Therefore, to gain the meaningful data about sUAS features necessary for developing a program for safe and

efficient sUAS operations, an exemption is required that authorizes R & D: 1) across a range of sUAS makes,

models and prototypes, 2) in a variety of locations (subject to the restrictions outlined in this petition), and 3) for

iterating on the systems and airframes on an ongoing basis. Without this exemption the regulatory requirements for a

Special Airworthiness Certificate, Experimental Category (SAC-EC) are overly burdensome because they forbid the

necessary R & D, i.e. rapid iterations on prototypes. Finally, as the FAA is well aware, the SAC-EC does not

authorize commercial operations of the type described above; which are required for Neya Systems research and 

development.

The types of sUAS for which Neya Systems requests exemptions

The sUAS that Neya Systems requests exemptions for are as follows:

• 3D Robotics X8 Plus

• DJI Phantom 2 Vision Plus

• DJI Matrice 100

• Ascending Technologies Pelican

Neya Systems is developing software that requires testing and verification using a class of sUAS that are designated

“Low-Energy small Unmanned Aerial Vehicles” (“LE sUAS”). These LE sUAS are approximately equivalent to the

Air Force designated “Micro UAS” class of UAS. Specifically, LE sUAS are those sUAS which are small ( < 2

meter in largest dimension), light-weight (∼ 55 lb. or less ), slow-moving (∼50 kt.) and operate close to the ground

(< 400 ft. AGL). We believe that these LE sUAS and associated Neya Systems operation and management systems

meet the standard provided by Section 333 of the FMRA for a UAS to operate safely within the National Airspace

prior to the completion of FMRA’s required rule-making. Section 333 describes seven minimum criteria to

determine whether an sUAS may operate safely in the NAS without creating a hazard or posing a threat to national

security. These criteria comprise size, weight, speed, operational capability, operation in close proximity to airports,

operation in close proximity to people, and operation within visual line of sight. The LE sUAS that Neya Systems is 

requesting exemptions for are of a type and scale that meet these criteria and that are equivalent to those for which

FAA has recently granted Sec 333 exemptions and, similarly, are not anticipated to create a hazard to users of the

National Airspace System (“NAS”), persons on the ground, or pose a threat to national security. Basic

characteristics of the Neya Systems proposal are summarized below.
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Table 1: Section 333 Determinants and LE sUAS

Criterion Neya Systems Owned LE sUAS and Operations

1. Size Under 2m largest dimension

2. Weight Less than 55 lb. maximum takeoff weight

3. Speed Velocity not to exceed 50 kt. or 25.7 m/s.

4. Operational Capability Day VFR, with ∼30 minutes of flight time.

5. Operation of the UAS in close proximity to airports At least 5 miles from airports or with explicit ATC approval.

6. Operation in close proximity to populated areas Operated over property with consent of owner.

 Exclusion of non-participants from area of operations.

7. Operation in visual line of sight. Operated with direct visual contact by PIC or Observer.

In addition to the LE sUAS operational requirements listed above and, in order to further mitigate risk, each sUAS

used by Neya Systems is equipped with a pilot-controlled precautionary landing system capable of autonomously 

landing or returning to the operator in the event of a lost communication link or other exigent emergency such as 

critically low battery.

Comparison to Ultralight Aircraft

14 CFR Part 103 “Ultralight Vehicles” describes the applicability, inspection requirements, waivers, certification

and registration requirements, as well as operating rules, for another class of aircraft that are the closest comparable

aircraft to sUAS currently in the NAS. Ultralights are defined, in part, as a single-occupant manned aircraft that

weigh less than 254 lb. empty weight, carries no more than 5 gallons (∼41 lb.) of fuel, and has a maximum speed of

55 kt. The FAA has determined that these aircraft require no airworthiness certificate or inspection; that ultralight

pilots require no pilot certifications nor medical certification, despite flying in the NAS; and that ultralights are not

required to be registered or to bear markings or any kind. In addition, the operational rules in 103 Subpart B are

equivalent to, or even less stringent than, those that Neya Systems is proposing for our LE sUAS operations. Please

see Ultralight and LE sUAS Comparison (Table 2) below.

A significant difference between ultralights and LE sUAS as is, of course, the presence of a pilot on board the

ultralight. While this may decrease the risk of C2 loss event, in case of other catastrophic events the pilot is at risk.

LE sUAS are unmanned and thus the risk to the pilot is removed, and as described above, C2 loss-link risks are

mitigated. Thus, given the pilot training, speed, weight, airspace limitations, and other risk mitigation measures

proposed by Neya Systems, LE sUAS simply do not pose additional hazard to the national airspace, persons, 

property, or national security. A risk-based approach to determining LE sUAS safety, as outlined in the FMRA

2012 Section 333, clearly indicates that the LE sUAS that Neya Systems uses are less hazardous than some existing

aircraft in the NAS.
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Table 2: Ultralight and LE sUAS Comparison

Item Ultralight Rules Neya Systems LE sUAS Rules

Pilot No certification required Pilot Ground School, Neya Systems operator

qualification and currency

Weight 294 lb. (including fuel) + pilot 55 lb.

Speed 55 kt. 55 kt.

Registration No registration Registration with AIR–200

Airworthiness No requirement for certification. Airworthy according to manufacturer standards

and Neya Systems technicians.

Operating

Rules

Airspace Class B,C, and D, with ATC approval. Class E Class B,C, and D with ATC approval. Class G.

and G.

Altitude None Below 400 ft. AGL

limits

Daylight Day VFR Day VFR

Populated Not over congested areas. Not over congested areas.

areas

Priority Safety Issues

In addition to the Reliability, Safety and Operation of LE sUAS considerations described in the sections below, the

Neya Systems PIC will be well versed in the reliability and safe operations, Command and Control lost-link

procedures, and “See and Avoid” (also known as “Detect and Avoid” in the context of UAVs) requirements of the 

platform of each platform that they intend to operate before taking flight.

Reliability, Safety and Operation of LE sUAS

Operations in Class G airspace below 400 ft. AGL 5 miles or More From an Airport:

• The region of operations for LE sUAS is below 400 ft. AGL, in Class G airspace and 5 miles or more from

an airport or otherwise in coordination with the FSDO and ATC.

• The airspace used will be wholly with the underlying property owner’s written consent.

• Aircraft separation will be accomplished by flying under VFR rules during the day with a pilot and an

observer. The pilot will be qualified according to all FAA sUAS regulations, see Pilot Requirements below.

Operations in controlled Airspace (B, C, D), Below 400 Ft. AGL. This region of operation of LE sUAS is below 400

ft. AGL, in Class B, C, and D airspace:

• Two-way communication with ATC will be established before operations commence or before the sUAS

enters controlled airspace. 

• These operations will be wholly with the underlying property owner’s written consent.

• Aircraft separation will be accomplished by flying under VFR rules during the day with a pilot and an 

observer. The pilot will be qualified according to all FAA sUAS regulations, see Pilot Requirements below

Command and Control (C2) link failure modes, mitigation strategies:

• In addition to the locational protections outlined above, lost link mitigation is achieved by each platform 

with (one or more of) redundant failure operation, auto-land, return-to-home, and geo-fencing functionality

to reduce the probability and mitigate the severity of a C2 failure.
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14 CFR Sec. 91.113 Right of Way, See and Avoid Requirements Mitigation for reduced “See and Avoid” capability

is that all proposed operations under this petition are at 400 AGL and below. In this near-surface airspace, the only

other legally operating aircraft are other approved UAVs or those operating with a special use certificate (Life

Flight, fire watch contractors etc.) Further risk mitigations include a PIC will be monitoring all UAS operations, and

a visual observer, will be employed for all UAV flight operations to avoid aerial conflicts. Further, the proposed

UAVs will fly only within visual line-of-sight of the PIC and an observer, under VFR conditions, and during

daylight hours. We believe that types of LE sUAS and operations together with the protocols and characteristics

outlined in this petition maintain the current high level of safety in the NAS.

Pilot Requirements

In accordance with the FAA regulations, the Neya Systems Pilot in Command (PIC) must be qualified and current

according to one or more of the Neya Systems sUAS safe flight procedures (as specified by the platform’s manual) 

and passed the Private Pilot FAA Ground School knowledge test, the written test of the Recreational or Sport Pilot 

Certification, or equivalent certification as mandated by FAA regulations.

Information Supporting this Petition as Specified in 14 C.F.R. Sec. 11.81

This section responds to the specific requirements of 14 CFR Sec 11.81.

(a) Mailing address and other contact information such as a fax number, telephone number, or email address

copy.

Neya Systems, LLC

ATTN: Dr. Parag Batavia

145 Lake Drive, Suite 104

Wexford, PA 15090

724.799.8078 x101

Email: paragb@neyasystems.com
6

(b) The specific section or sections of 14 C.F.R. from which Neya Systems seeks an exemption.

§ 91.203 Airworthiness certificates

§ 47.16 Temporary registration numbers

§ 91.121 Altimeter settings

§ 91.203(a) Airworthiness certificate with registration number (within the aircraft)

§ 91.203(b) Display of airworthiness certificate

§ 91.9(b,c) Manual, marking, and placards

Part 43 Inspection and maintenance programs;

§91.405 Maintenance required;

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration;

§91.409 Inspections;

§91.417 Maintenance records

Part 45 Registration and marking special rules

Part 21 ( Subpart H) Airworthiness certificate; Experimental certificate - general

§61 Requirements for certification of instructors for crew training

§91.119 Minimum safe altitudes: General

§91.413 ATC transponder tests and inspections

§91.215 ATC transponder and altitude reporting equipment and use

§67 Medical standards and certification

§91.109 Flight instruction; Simulated instrument flight and certain flight tests

§91.151 Fuel requirements for flight in VFR conditions

(c) The extent of relief Neya Systems seeks, and the reason Neya Systems seeks the relief.

A Section 333 exemption is required because current FAA regulations do not allow commercial use of sUAS in the

NAS, or for appropriate research and development of sUAS. Neya Systems requests an airworthiness exemption for

the specific types of sUAS described in this petition to carry inactive and active payloads, e.g. sensor packages for

commercial applications such as videography and precision agriculture and light-weight inert packages, under the

conditions and operating limitations outlined in this document. In addition, Neya Systems is developing sUAS 

software, including operational, navigational, and management software for small commercial UAVs, so that sUAS

may fly safely and predictably in the NAS. In order to develop and test these sUAS under the variety of operational

conditions that a sUAS will face in the NAS, it is necessary to test variations on aircraft characteristics, operating

systems, and management systems in different environments. FAA regulations in FAA Order 8130.34C for a

Special Airworthiness Certificate: Experimental Category do not authorize the necessary rapid modifications of

aircraft characteristics and associated systems to test these sUAS.

Therefore, to gain meaningful data about the necessary features for safe and efficient sUAS operations, an

exemption is necessary: 1) to operate a range of sUAS makes, models and prototypes,

2) in a variety of locations (subject to the restrictions outlined in this petition), 3) to be permitted to adjust the

systems and airframes tested on an ongoing basis, and 4) for both research and commercial use. Finally, as the FAA

is well aware, the exemption is necessary because the SAC-EC does not authorize commercial operations of the type

sought here, which is required for Neya Systems to develop accurate data about the types of sUAS that are best

suited for safe operations in the various conditions affecting the NAS.
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(d) The reasons why granting Neya Systems’ request would be in the public interest; that is, how it would

benefit the public as a whole.

The proposal is designed to establish a reasonable methodology to test specific types and platforms of sUAS, in a

variety of environments and to enable the safe and efficient deployment of commercial sUAS. The outputs of safe,

reliable, and regulatory compliant operations of sUAS provide economic benefits historically unparalleled since the

invention of flight, benefitting stakeholders at every level, both public and private. Lawful, safe aerial robotics

operations will create new high-tech employment that will stimulate city and state governments; create new small

and large businesses; infuse new interest in STEM for children; and increase the safety of citizens through enhanced

first-responder capabilities. Grant of this petition would enable the research and operational development of 

necessary industry infrastructure to enable the safe and efficient acceleration of these significant public benefits to

the United States public.

(e) 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 Neya Systems seeks the

exemption.

Neya Systems operations will provide a level of safety that is equivalent to current aviation standards. In brief, the

following procedures that apply during operations conducted under this exemption request, establish an equivalent

level of safety (ELOS) as follows:

1. The Neya Systems LE sUAS are less than 55 pounds and are battery powered.

2. All Neya Systems LE sUAS will be U.S. registered and display marks either in accordance with 14

C.F.R. Part 45, Subpart C or approved alternative markings.

3. Neya Systems sUAS operations under this exemption will be conducted within the visual line of sight of the pilot

operator or least one observer, at less than 400 feet AGL, in coordination with the FSDO, within Class G airspace

and with the permission of the flight standards service station or other local authority, as applicable. Operations in

controlled B,C, or D airspace will be conducted in coordination with FSDO and ATC with prior permission.

4. Neya Systems operations will be conducted in defined regions and over property authorized for this use by the

landowner. Consistent with the recently issued Section 333 Exemption No. 11062 (Astraeus Aerial), the area of

operations will be submitted for approval to the local FSDO and will be subject to any restrictions or conditions

imposed by the FSDO. Class G airspace operations will also be subject to the express written approval of the Flight

Service Station. All operations will remain within the geographic boundaries of the operating area.

5. LE sUAS operations under this exemption will be conducted under the supervision of a designated pilot in

command (PIC) who has final responsibility for the operation and in accordance with 14 C.F.R. 91.3. See the Pilot

Requirements section above. All LE sUAS operators must have demonstrated proficiency with the sUAS being

operated, and passed the Private Pilot FAA Ground School knowledge test.
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6. Operators and engineers will maintain the LE sUAS system in a condition for safe operation according to the

associated manufacturer’s maintenance manuals, including pre-flight and post-flight inspections.

7. The PIC and observers will maintain situational awareness and perceive, process, and perform risk management

prior to and during each operation. The PIC will terminate the operation if hazards that cannot be acceptably

mitigated are observed.

8. LE sUAS will safely stop operating and either return home or auto-land at a location along the flight path if the

control link is lost.

9. For each LE sUAS, the PIC will have the ability to force a controlled landing at any time.

(f ) A summary FAA can publish in the FEDERAL REGISTER, stating: (1) The rule from which you seek the

exemption; and (2) A brief description of the nature of the exemption you seek.

Petitioner: Neya Systems, LLC

Sections of 14 C.F.R 21; 45.23(b); 91.9(b); and 91.203(a) and (b) and ancillary sections.

Description of Relief Sought: Petitioner seeks to be exempt from the requirements of 14 C.F.R. Part 21(Subpart H),

§ 91.121, §21.193, §91.203, §91.319, §91.119; §91.413; §91.215, §91.155, §91.109, §91.111, §91.113,

§91.115, §91.151; §91.203(a); §91.203(b), §91.9(b,c); part 43; §45.11, §45.21, §45.22(d); §47.16, part

49, part 61, and part 67.

Neya Systems requests this regulatory relief in order to conduct R&D and commercial use for a class of sUAS over

private and public property subject to operating procedures that meet an equivalent level of safety as those that FAA

requires for similar operations in manned aviation.

(g) Any additional information, views or arguments available to support your request

Please see the introduction to this exemption request and the attached “Supporting Information”.

(h) If you want to exercise the privileges of your exemption outside of the United States, the reason why you

need to do so.

While not currently the case, future Neya Systems partners and clients may operate manufacturing and testing

facilities outside the United States. Neya Systems pilots operating in any jurisdiction will operate according to the

standards mandated by the FAA and the restrictions outlined in this document.
9

Neya Systems seeks this exemption to conduct commercial operations and supporting R&D of sUAS within

specified areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public economic

benefits derived from increased sUAS development will be denied, and the Congressional directive to accelerate the

integration of UAS into the NAS will be impeded. The LE sUAS owned by Neya Systems physical and operational

characteristics are compliant with those described in the FMRA and FAA’s guidance for Sec 333 exemptions. Neya 

Systems respectfully requests that the FAA grant its petition for exemption from airworthiness, COA, and COW

requirements.

Please do not hesitate to contact Dr. Parag Batavia, the Regulatory Services POC, via email at

paragb@neyasystems.com if you have any questions or concerns.

Very Respectfully Yours,

Dr. Parag Batavia

President, Neya Systems LLC