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U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, S.E. West Building Ground Floor, Room W12-140 

Washington, DC 20590 

RE: Docket ID: 

Petition for Modification of current FAA Exemption No. 16513, Docket No. FAA-2015-

7472 under Section 333 of the FAA Modernization and Reform Act and Part 11.81 of the 

Federal Aviation Regulations (Tracking ID Number: )

18 June 2016

Petitioner: 

Drone Co-Habitation Services (DCS)

2110 Raven Tower Court #301,

Herndon, VA 20170

Tel: 571-216-3245

E-Mail: me98@yahoo.com

Attachments (Confidential):

1. DCS UAV Operator Safety Guidelines

2. DCS Sample Monthly Maintenance Log

3. Example of DCS sUAS Hazard Analysis

4. DCS Commercial sUAS Safety Guidelines

Dear U.S. Department of Transportation, 

On behalf of Drone Co-Habitation Services, LLC (hereinafter called DCS), company which I 

own and am President for, I contact you.

DCS seeks Amendment/Modification to our current FAA Commercial Usage sUAS 

Section-333 Exemption to allow related to 14 CFR 91.215 with regard to a FreeFlight 

Systems Universal Access Transceiver-UAT that may currently lack a TSO (Technical 

Standard Order). However, the FreeFlight Systems UAT was designed to and behaves per 

RTCA DO-144A.

On 22 April 2016, FAA Granted DCS a Section-333 Exemption (No. 16513), based upon our 

Petition of 8Oct2015 (Docket No. FAA-2015-7472). Some of the FAA Conditions of our 

Exemption included (examples; NOTAL): It granted us Exemption to use any aircraft identified 

on the List of Approved Unmanned Aerial Systems (UAS) under Section-333 at regulatory 

docket FAA-2007-3330...when weighing less than 55-pounds including payload, in nationwide 

COA. In that Exemption, FAA stated requirements for PIC Certification, and Qualifications. It 

restricted our UA operations to at-or-below 400-Feet AGL, and at speed not exceeding 87-knots 

(100-miles per hour).
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We do NOT desire to reduce or delete any of our currently FAA-approved Section-333 

Exemptions with regard to our Scope of Activities described in that previous Petition. However, 

we do seek Amendment to our Exemption to allow expansion of our Section-333 Exemption to 

include installation, integration, and usage of FreeFlight Systems 3-Watt (or 7-Watt) Universal 

Access Transceivers-UAT across our entire fleet of small UAS (sUAS) aircraft.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Drone Co-Habitation Services (DCS) is a sister organization of Aviation Management Inc., LLC 

(AMI). Both companies are Delaware-incorporated, Veteran-Owned Small Businesses (VOSB). 

Both are government registered in SAM.gov. DCS and AMI are owned and led by Michael 

Erickson, who is a retired, FAA-certified, Marine Corps Air Traffic Control-ATC Chief that held 

FAA-certified ATC Ratings in Control Tower, GCA, and Radar Approach Control (RAPCON) 

at military and dual Civil/Military Facilities in CONUS/OCONUS for over nineteen years. Mr. 

Erickson graduated from not only the Navy ATC School and ATC Facility Management 

Courses, he also graduated from USAF and Army Aviation Command & Staff Courses. Mr. 

Erickson holds a Bachelor’s Degree in Aviation Management from SIU. All senior managers of 

DCS and AMI are retired or former ATC Controllers or Aviator Pilots.
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Mr. Erickson and AMI have conducted FAA-based NextGeneration CNS/ATM Master Planning 

studies in most Asian countries, and supported Aviation Master Planning technology seminars 

sponsored by USTDA and Japan’s equivalent JICA/JBIC. These aviation-related Master Plan 

Studies and Implementation Planning consultations have been performed in Philippines; 

Indonesia; Malaysia; Vietnam; Cambodia; Lao; Nepal; China; Mongolia and others. 

Additionally, AMI has captured aviation-related US Defense Contracts at Military bases such as 

USAF-Laughlin, TX; USAF-Sheppard, TX; USAF-McGuire, NJ; USAF-Charleston, SC; USAFDyess, CA; USAF-Hurlburt, FL; USAF-Yokota, Japan; etc. These involved projects related to 

such things as ATC Equipage; Passenger Terminal Design & Fabrication; Airfield Lighting & 

Navigational Aids; etc.

For the past 13-years, AMI and Mr. Erickson have provided their clients (which include private 

sector businesses and non-profits, along with local state and federal agencies) with expertise and 

knowledge in ATC procedures, Airspace Reorganization; Flight Procedures to include Standard 

Instrument Departures/Arrivals; Performance Based Navigation-PBN; business development, 

and other aviation related technical training using advanced technologies and solutions. AMI has 

worked on dozens of aviation projects over the past 13-years, in all types of locations, with a 

perfect client and employee safety record. Mr. Erickson was formerly the Secretariat of Airline 

Electronic Engineering Committee (AEEC), when working at ARINC on FAA-approved 

Standards & Characteristics development for aircraft cockpit avionics. Further, he supported 

FAA for the Controller-Pilot Data Link Communications (CPDLC) Build-1/1A rollout 

nationwide, and supplied FAA with Ground-Air and Ground-Ground CPDLC End Systems and 

ATN Routers. Thus, AMI and Mr. Erickson...and through him....DCS are clearly experts in all 

matters of FAA Airport and ATC Procedures.

Recently, Mr. Erickson created Drone Co-Habitation Services (DCS) to focus our ATC expertise 

on providing aviation and ATC consulting support to the Unmanned Aerial Vehicle (UAV) 

industry, to facilitate safe integration of UAVs into the FAA-controlled National Airspace 

System (NAS). Although DCS is newly-formed, because of the close synergy between the 

Management & Practices of DCS with that of AMI company, and the decade-long historical 

business success of AMI, it is important to demonstrate that DCS will be operated the same way 

that AMI has been operated...in safe and professional manner. DCS, supported by AMI, 

currently has several Proposals under consideration by NASA-Ames for the FAA-sponsored 

UAV Traffic Management (UTM) Program.

The objective of DCS (supported by AMI) activities in the UAV-sector is to leverage our 

decades of direct ATC experience towards facilitating safe and methodical encroachment of 

UAVs into the communities that can benefit from such proliferation. We aspire to facilitate and 

guide private industry and Government in their UAV procedures development, Research & 

Development (R&D) of UAV technologies and platforms, and provide consulting support in 

their UAV deployments. We are currently in the process of creating multi-stakeholder (Public & 

Private) UAV Centers of Excellence (COE) to accomplish this UAV consulting support.

DCS seeks to promote and expand knowledge for the science and art of UAVs. Our Operators, 

staff, and students of our consulting will use our Exemption and Certificates of Waiver or 
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Authorization (COAs) to create new UAV systems, developing flight operations, and 

standardizing procedures that will move UAS activity into human daily life. Application of UAS 

will span an expansive range of purposes, including agriculture, traffic monitoring, 

environmental monitoring, search/rescue operations, customs payload scanning, immigration 

enforcement, pipeline/power lines monitoring, firefighting service, sport casting, cellular 

networking, meteorological services/research, fisheries monitoring, law enforcement, and 

entertainment.

Details of our Section-333 Exemption Modification Request

The 3-Watt UAT system (which we Petition for usage) retains the hardware in basically same 

box (minus final stage High Gain Amplifier), software, firmware, & hardware (DO-178B / DO254) of the highly successful, Certified (TSO’d) FreeFlight RANGR product line, but at a 

reduced (detuned) transmit power setting and significant size and weight savings. It exhibits the 

same waveform characteristics as the TSO’d version.

FreeFlight Systems RANGR-XVR (TSO’ed UAT transceiver full power) has been DO-160 

Environmental tested as per TSO-C154c which includes the required FCC RF Frequency tests. 

There is less chance of interference with this lower-Watt UAT.

The 3-Watt UAT has been successfully flown on a DJI-drone. The 3-Watt UAT has previously 

passed an Airworthiness & Flight Safety Review Board (AFSRB) review during NASA-UTM 

Build-1 Trials, and is currently undergoing the same AFSRB Review or NASA-UTM Build-2 

Trials in October 2016.

The FreeFlight Control Under-FCU provides a complete ADS-B system via an internal GPS and 

baro-altimeter, allowing the UAS to fully integrate into the National Airspace System. The 

receive functionality of the FCU allows the UAS to take full advantage of ADS-B In benefits, 

including local traffic and weather data. The FreeFlight compact Radar Altimeter, the FCR, is a 

light weight, low-power radar altimeter tailored for UAS applications. The lower power levels of 

the 3-Watt UAT only affects the range at which they can be received (e.g. 25-35 miles versus 35-

50 miles for 7-Watt UAT). The DO-282b MOPS defines Class A0 which supports a minimum 

transmit power at the antenna of 7 watts. NASA-UTM may be basing their requirements upon 

this document. However, TSO-C154c does not-yet allow for Class A0 (means that small 

potential that neither the 7 Watt nor 3 Watt units might receive a ‘Full TSO’ as it stands today 

without an approved Deviation...if FAA required that exact TSO Specifications in future. 

Currently this is not defined). The 3-Watt UAT is MOPS compliant. Transmit and Receive 

capabilities of these units act just like the fully TSO’ed unit.

Our Team believes that a 7-watt UAT is a little too high for high density applications. We are 

noting traction from various standards-developing bodies, such as MITRE to expand the 

standards to allow 3-Watt units for commercial UAS. The Governmental limitations with the 

current 3-Watt UAT-unit, from a TSO standpoint, is no FAA (or industry) regulation yetpublished for Class A0; some of the power holdup requirements are problematic due to the 

increased weight this adds to the typical UAS Category devices. Further, some proposed 3-Watt, 

DO-160 environmental tests, would be at a lower category. Thus, before 2020 we assume the 
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FAA only requires to be informed what equipment is used and not prohibit 3-Watt ADS-B units. 

The post-2020 usage of non-TSO’ed equipment may still be in a state of flux and 

Government/Industry has not decided which direction ADS-B is going for sUAS.

3-Watt UAT-units may provide additional benefits to ATC Control Towers so that they will not 

see the UAS transmitting ADS-B because the Towers will most likely filter all UAS-targets 

flying below 1000 feet AGL. This was successfully tested by FreeFlight Systems with the 

University of Kansas at Wichita on one of their Hex-Copters and FreFlight’s full power 7-Watt 

UAT.

The Freeflight UAT equipment is fully compatible with the Harris ADS-B Ground 

Stations. FreeFlight is providing Drone Co-Habitation Services with a separate UAT receiver to 

connect directly to the Drone Co-Habitation Sevices UTM Client application allowing the 

parsing the traffic data independently of the Harris ADS-B system.
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The UAT-integrated Flight Video can be found at: 

https://www.dropbox.com/s/y063mx9b5wfvh5i/DJI_with_UAT_Frame_Test_Flight.MOV?

dl=0

This Petition for Amendment/Modification contains competition-sensitive business plans as 

to operations, techniques for mitigating safety, and planned sUAS equipment; therefore, we 

ask FAA not to publish it for public viewing or dissemination.

DCS seeks to leverage our current Section-333 Exemption Grant to promote and expand 

knowledge for the science and art of UAVs. Our Operators, staff, and students of our consulting 
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will use our Exemption and Certificates of Waiver or Authorization (COAs) to create new UAV 

systems, developing flight operations, and standardizing procedures that will move UAV activity 

into human daily life. Our planned application of UAVs will also span an expansive range of 

purposes, including closed-set photography & movie-making, fixed/permanent building and 

structure inspections, agriculture, traffic monitoring, environmental monitoring, search/rescue 

operations, customs payload scanning, immigration enforcement, pipeline/power lines 

monitoring, firefighting service, sport casting, cellular networking, meteorological 

services/research, fisheries monitoring, law enforcement, and entertainment.

On 22 April 2016, FAA Granted DCS a Section-333 Exemption (No. 16513), based upon our 

Petition of 8Oct2015 (Docket No. FAA-2015-7472). Some of the FAA Conditions of our 

Exemption included (examples; NOTAL): It granted us Exemption to use any aircraft identified 

on the List of Approved Unmanned Aerial Systems (UAS) under Section-333 at regulatory 

docket FAA-2007-3330...when weighing less than 55-pounds including payload, in nationwide 

COA. In that Exemption, FAA stated requirements for PIC Certification, and Qualifications. It 

restricted our UA operations to at-or-below 400-Feet AGL, and at speed not exceeding 87-knots 

(100-miles per hour).

We do NOT desire to reduce or delete any of our currently FAA-approved Section-333 

Exemptions with regard to our Scope of Activities described in that previous Petition.

However, we do seek Amendment to our Exemption to allow expansion of our Section-333 

Exemption to include deployment of this FreeFlight Systems 3-Watt or 7-Watt UAT across all 

sUAS Platforms and missions that will benefit from such ADS-B capability towards Air Traffic 

Control-ATC Facilities to enhance Air Traffic Management-ATM.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

Drone Co-Habitation Services (DCS) seeks exemption from Federal Aviation Administration 

(FAA) for part 21, and §§ 91.113, 91.119(c), 91.151, 91.203(a)(1), 91.209, 91.405(a) and (b), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) of Title 14 Code of Federal Regulations (14 

CFR). The exemption would allow the petitioner to operate the 3-Watt UAT (or the 7-Watt 

UAT) equipment installed and operated aboard any unmanned aircraft system (UAS), or other 

suitably-comparable and safety-equipped Drones from the FAA Approved List of Drones. The 

missions that may use this UAT Transceiver may include Parcel Delivery, Building Inspections, 

Research & Development (R&D), Platform and System Testing & Trials, generating Community 

Economic Benefit, conducting aerial video and photography of surface mining sites, construction 

sites, residential and commercial real estate, civil landscapes and events, closed-set Movie and 

Picture Filming & Cinematography, etc. areas of the United States.

Specifically, it would grant Exemption from 14 CFR 91.215(a), specifically with regard to 

the TSO for a transponder. 

91.215 ATC transponder and altitude reporting equipment and use. 

(a) All airspace: U.S.-registered civil aircraft. For operations not conducted under part 121 

or 135 of this chapter, ATC transponder equipment installed must meet the performance 

and environmental requirements of any class of TSO-C74b (Mode A) or any class of TSO-
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C74c (Mode A with altitude reporting capability) as appropriate, or the appropriate class of 

TSO-C112 (Mode S). 

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an 

aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that 

aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 

4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a 

Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC and 

intermode and Mode S interrogations in accordance with the applicable provisions specified in 

TSO C-112, and that aircraft is equipped with automatic pressure altitude reporting equipment 

having a Mode C capability that automatically replies to Mode C interrogations by transmitting 

pressure altitude information in 100-foot increments. This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, 

section 1 of this part from the surface upward to 10,000 feet MSL; 

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not 

originally certificated with an engine-driven electrical system or which has not subsequently 

been certified with such a system installed, balloon or glider may conduct operations in the 

airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part 

provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and 

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area 

designated for an airport or 10,000 feet MSL, whichever is lower; and 

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a 

Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and 

(5) All aircraft except any aircraft which was not originally certificated with an enginedriven electrical system or which has not subsequently been certified with such a system 

installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and 

above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the 

surface; and 

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile 

radius of any airport listed in appendix D, section 2 of this part, excluding the airspace 

below 1,200 feet outside of the lateral boundaries of the surface area of the airspace 

designated for that airport. 

(c) Transponder-on operation. While in the airspace as specified in paragraph (b) of this section 

or in all controlled airspace, each person operating an aircraft equipped with an operable ATC 

transponder maintained in accordance with §91.413 of this part shall operate the transponder, 

including Mode C equipment if installed, and shall reply on the appropriate code or as assigned 

by ATC.

We request Exemption during the period of our COA Approval (and extensions of time therein) 

because (Specifications noted herein):
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1. The evidence indicates that the FreeFlight Systems 3-Watt (or 7-Watt) Transceiver has 

internal WAAS/GPS Sensors.

2. Provides ADS-B IN / OUT.

3. Is TSO Rule Compliant (though not-yet fully-certified): The FreeFlight Control UnderFCU provides a complete ADS-B system via an internal GPS and baro-altimeter, allowing the 

UAS to fully integrate into the National Airspace System. The receive functionality of the FCU 

allows the UAS to take full advantage of ADS-B In benefits, including local traffic and weather 

data. The FreeFlight compact Radar Altimeter, the FCR, is a light weight, low-power radar 

altimeter tailored for UAS applications.

* TSO-C154c (UAT)

* TSO-C145c (GNSS)

* TSO-C157a (FIS-B)

* TSO-C195a (TIS-B/Traffic)

4. Meets FAA Design Assurances

* DO-178B Level C (Software)

* DO-254 Level C (Hardware)

5. The DO-282b MOPS defines Class A0 which supports a minimum transmit power at 

the antenna of 7 watts. The 3-Watt UAT is MOPS compliant. Transmit and Receive capabilities 

of these units act just like the fully TSO’ed unit.

6. The FreeFlight Systems 3-Watt (or 7-Watt) UAT passed all box and platform level 

testing using the Ramp Test Set. The AERamp Test Set was within its calibration window for all 

tests. 

7. The FreeFlight Systems 3-Watt (or 7-Watt) UAT has been used for several years; been 

integrated, tested, and passed the NASA-UTM Airworthiness & Flight Safety Review Board 

(AFSRB) Review at UTM Build-1 Trials in 2015, and is currently undergoing similar AFSRB 

Review for UTM Build-2 Trials in October 2016. In such configuration, NASA was able to 

interrogate and receive Digital Data from the sUAS Drones, and transmit them effectively to the 

ATC Facilities associated with each of these UTM Trials to receive Air Traffic Control Services.

8. All usage to date in those environments indicates that the FreeFlight Systems 3-Watt 

and 7-Watt UAT behaves as expected per DO-Certification processes.

9. FreeFlight Systems own testing, and that of our Drone Co-Habitation Services 

operational testing, has shown that the FAA Air Traffic Control services will be able to receive 

the correct ATC data.

10. Although a transponder is not required in most commercial sUAS airspaces that we 

will operate in, a transponder will enhance the safety of the proposed operation by providing

additional “visibility” of our UAV-Drones not only to ATC Facilities, but also to other aircraft in 

the proposed flight region. 

11. Drone Co-Habitation Services will utilize the FreeFlight Systems 3-Watt (or 7-Watt) 

UAT Transceivers under very close scrutiny and within our highly-detailed Aviation Safety 

Management System (SMS) processes.

The reasons why granting your request would be in the public interest; that is, how it 

would benefit the public as a whole:

An additional “layer” of safety offered by use of the FreeFlight Systems 3-Watt (or 7-Watt) 

UAT Transceivers would contribute to a safer flight environment. Where local air traffic control 
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possesses radar coverage, our UAV-Drones will display on that radar; the aircraft will provide a 

distinct target for ATC. Plus, we will provide direct Controller-Pilot Communications (albeit in 

most cases, via Digital Datalink) with local ATC. Thus, our pilots, upon direction by ATC, can 

alter our flight pathway as needed to avoid other aircraft traffic. 

For properly equipped aircraft, the Drone Co-Habitation Services sUAS aircraft with our 3-Watt 

(or 7-Watt) Transceiver will show on their displays, providing additional situational awareness 

for those aircraft.

Similar to FAA previously-approved Exemption for Boeing/Insitue to integrate and deploy an 

experimental, non-TSO Certified transponder manufactured by SageTech...our DCS company 

desires to use our FreeFlight Systems manufactured 3-Watt (or 7-Watt) UAT Transceivers.

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 you seek the exemption:

Since the evidence indicates that the FreeFlight Systems 3-Watt (and 7-Watt) UAT Transceiver 

behaves per the performance expectations cited in DO-Certifications, there is no adverse impact 

to safety. Indeed, adding the transponder should produce added safety benefit to all aviation 

participants in the identified locality of our Flight Operations.

We propose to conduct these UAT & Transponder operations with our already-established 

Operations Manual (OM), that may be modified to comply with FAA Exemption, and which 

contains (at least) these items:

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributing the operations 

manual to ensure that it is kept current. Revisions must comply with the applicable conditions 

and limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly 

participating in the safe operation of the UAS. The operations manual must include procedures to 

ensure that all operations are conducted at distances from persons in accordance with the 

conditions and limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the submission 

of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and 

procedures that the operator will use to obtain permission to operate over property or near 

vessels, vehicles, and structures in accordance with this exemption.

f. Security. The manual must specify the method of security that will be used to ensure 

the safety of nonparticipating persons. This should also include procedures that will be used to 

stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for 

any other reason, in the interest of safety.

g. Briefing of persons directly participating in the intended operation. Procedures must be 

included to brief personnel and participating persons on the risks involved, emergency 

procedures, and safeguards to be followed during the operation.
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h. Personnel directly participating in the safe operation of the UAS Minimum 

Requirements. In accordance with this exemption, the operator must specify the minimum 

requirements for all light personnel in the operating manual. The PIC at a minimum will be 

required to meet the certification standards specified in this exemption. 

i. Communications. The operations manual must contain procedures to provide 

communications capability with participants during the operation. The operator can use oral, 

visual, or radio communications as along as the participants are apprised of the current status of 

the operation. 

j. Accident Notification. The operations manual must contain procedures for notification 

and reporting of accidents in accordance with this exemption. 

We will notify the FAA Flight Standards District Office (FSDO) at least 24-72 hours prior to our 

conduct of these nighttime operations (depending upon ATC Facility requirements in the area of 

flight operations). We will submit a Plan of Activities that includes at least the following: 

a. Dates and times for all flights. For seasonal or long-term operations, this can include 

the beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every 

weekend, etc.), and what times of the day operations will occur. A new plan of activities must be 

submitted prior to each season or period of operations. 

b. Name and phone number of the on-site person responsible for the operation. 

c. Make, model, and serial or N-Number of each UAS to be used. 

d. Name and certificate number of each UAS PIC involved in the operations. 

e. A statement that the operator has obtained permission from property owners. Upon 

request, the operator will make available a list of those who gave permission. 

f. Signature of exemption holder or representative stating the plan is accurate. 

g. A description of the flight activity, including maps or diagrams of the area over which 

operations will be conducted and the altitudes essential to accomplish the operation. 

Regarding, 14 CFR part 21, Certification procedures for products and parts. In accordance with 

the statutory criteria provided in Section 333 of PL 112-95 in reference to 49 USC 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the aircraft 

and their operation, the Secretary of Transportation has already determined that these aircraft 

meet the conditions of Section 333 and that an airworthiness certificate is not required. 

Therefore, the FAA has previously found that the requested relief from 14 CFR part 21 and any 

associated noise certification and testing requirements of part 36 is not necessary.

We request relief from 14 CFR §91.113 Right-of-way rules: Except water operations since there 

will be no pilot in the UA to “see and avoid” other aircraft. Section 91.113(b) requires a pilot to 

maintain vigilance “so as to see and avoid other aircraft.” That section requires an aircraft pilot 

to have the perspective of being inside the aircraft, something that is not possible for the operator 

of a small UAS at this time. See 80 Fed. Reg. 9544, 9549 (Feb. 23, 2015) (Proposed Rule: 

Operation and Certification of Small [UAS]).

The FAA has previously Granted Exemption to Boeing/Insitu company for exactly this same 

type of Exemption request, that of deploying a non-TSO Certified Transponder.
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We propose to conduct our operations with suitably-equipped sUAS from the FAA’s Approved 

List (e.g. DJI Phantom-3/4 Pro).

DCS request relief from the following sections 14 CFR §§ 91.405(a) Maintenance required, 

91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records. The FAA has already 

determined that relief from § 91.409(a)(1) may be necessary, because it is an alternate inspection 

requirement of 91.409(a)(2). Prior UAS specific relief has been granted in Grant of Exemption 

No. 13465A, Kansas State University. Therefore, we ask FAA to find that for our Petition, 

exemption from 14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) 

is warranted subject to any appropriate conditions and limitations FAA feels necessary.

We feel that the below-described Petition with our proposed operations satisfy the seven factors 

in section 333 and include several additional mitigating factors to ensure the safety and security 

In addition, in light of the FAA’s recent sUAS Notice of Proposed Rulemaking 

(“NPRM”)(15Feb2015), DCS believes that the operating conditions set forth in our original 

Exemption Request, as well as this Request for Modification, constitute “reasonable mitigation” 

for Transponder-based operations that would ensure that DCS maintains an equivalent level of 

safety and requests that the FAA consider such mitigation to grant DCS’ Exemption Request and 

permit DCS’ flights. The information below is intended to amend and supplement DCS’

Exemption request.

Please see attached below, our Hazard Safety Analysis Summary that is being reviewed by 

NASA-UTM Airworthiness & Flight Safety Review Board (AFSRB):
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It is not currently possible to install UAT Transceivers on all FAA-Approved sUAS (because 

many sUAS Drones cannot hold the extra weight). However, if FAA will Grant DCS Exemption 

to fly more/wider-selection of sUAS with these FreeFlight Systems 3-Watt (or 7-Watt) UAT 

Transceivers, then we will commit to testing UATs on more types of sUAS Platforms.

 As noted above, and in our original Section-333 Exemption, our Operations Manual will 

include at least these items:

 Contact information

 Distribution and revision information

 Persons authorized

 Plan of activities

 Permission to operate

 Security methodology

 Briefing instructions

 Flight personnel minimum requirements

 Communications information

 Accident notification plan

Allowing DCS to conduct real-world UAV Operations and Testing using these 3-Watt (or 7-

Watt) UAT Transceivers can be important first steps towards safe introduction of UAV 

operations into the Air Traffic Management (ATM) activities of the National Airspace System 

(NAS) that is desired by FAA and NASA-ATM Program Office. Further, it can be important 

first steps toward realizing the consumer benefits of using UAS for private-sector economic 

growth. These DCS proposed UAV activities will take place amid conditions that would be 

impossible to create at any pre-approved COA or Test Site.
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To ensure utmost safety, DCS will limit the likelihood of hazard (as noted above) to the general 

public on the ground and in the air by adhering to its UAV Operations Manual(s); and complying 

with all conditions and limitations contained in a Grant of the relief sought, and all instructions 

from the FAA and the official(s)-in-charge of or having authority over a particular area and 

airspace.

There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted with various 

types of Transponders for decades, DCS’ proposed operation of the UAVs will not implicate any 

privacy issues. Specifically, our UAVs will be operated only in compliance with operating 

documents (i.e., Aerial Operations Manual, Monthly Maintenance Log, and Instruction Manuals) 

which requires property owner involvement as well as local law enforcement notification, and in 

accordance with the Federal Aviation Regulations, including the minimum altitude requirements 

of 14 C.F.R. § 91.119.

A summary that can be published in the Federal Register, stating: 

(1) The rule from which you seek the exemption; and Drone Co-Habitation Services requests an 

exemption to 14 CFR 91.215(a) for a transponder that currently lacks a TSO authorization. The 

supplier of the transponder is in the process of applying for TSO Certification, and there is 

expectation that the TSO will be received in due course as FAA finalizes such Transponder 

Requirements for small UAS aircraft platforms.

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

Drone Co-Habitation Services, LLC seeks to use FreeFlight Systems 3-Watt (or 7-Watt) 

Universal Access Transceivers-UATs that may not-yet possess a TSO; yet evidence indicates 

that the equipment behaves per the performance expectations cited in RTCA DO-Certification 

documents. Allowing our small UAV-Drone aircraft to use the FreeFlight Systems UAT 

equipment will increase the operational safety of the proposed flight operations.

Respectfully,

Michael J. Erickson

President, Drone Co-Habitation Services (DCS)

President, Aviation Management Inc., LLC (AMI)