1

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:

_____________ )

13 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. Sample Pilot Training Guide (Phantom

- 3 Pro)

5. DCS Commercial sUAS Safety Implementation Plan

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 NIGHTTIME operations

.

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 t o 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 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, fixe d/permanent building and structure inspections, agriculture, traffic monitoring, environmental monitoring, search/rescue2

operations, customs payload scanning, immigration enforcement, pipeline/power lines monitoring, firefighting service, sport casting, ce llular 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 t he FAA Conditions of our Exemption included (example s; 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

- poun ds 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

- approv ed 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 sUAS Nighttime Operations.

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

Dron e 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 exe mption would allow the petiti oner to operate the Aeryon SkyRan g er unmanned aircraft system (UAS), or other suitably

- comparable and safety

- equipped Drones from the FAA Approved List of Drones, to conduct NIGHTIME operations which may include 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 a nd commercial real estate, civil landscapes and events

, closed

- set Movie and Picture Filming & Cinematography, over certain other areas of the United States.

Similar to FAA previously

- approved nighttime sUAV operations, our DCS company desires to

use sUAV , with high

- definition (HD) video and thermographic (infrared) cameras to locate energy leaks, rooftop damage, deteriorating façades, safety issues, and other potential problems on buildings, and permanent or semi

- permanent structures

. With the use of ther mographic

camera s, we will be able to note temperature variations around such structures that may indicate problems, which might also lead to significant capital expenses, increased operating costs, occupant discomfort and other is sues. Infrared scanning is most effective at night, when the sun is not warming the building. Traditional infrared scans require technicians to traverse rooftops at night, while façade inspections dictate work ing from scaffolding or cranes. We feel that high

resolution video came ras can map potential structural problems, and the need for appropriate safety equipment. Technicians can then mark problem areas during the day for removal and replacement, or further analysis if necessary. We desire to create virtual model s of the structures
in 2D and 3D an d can be viewed from any angle. However, we also feel that it is beneficial to conduct nighttime sUAS operations using thermal cameras for industries such as closed

- set Movie and Picture Filming & Cinematography.3

Similar to the F AA

- approved nighttime Drone testing that were allowed to Drone Aviation Holding Corp (DAC), a manufacturer of tethered drones, in collaboration with the Mid

- Atlantic Aviation Partnership at Virginia Tech (VTMAAP)...our company also asks for Grant of Exemptio n to test advanced optical systems for persistent, large venue and facility monitoring and security at night.

We propose to conduct these nighttime operations with our already

- established Operations

Manual (OM), that may be modified to comply with FAA Exe mption, 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 t he 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 ope rations 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 Op erate. 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 specif y 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 oth er 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 follow ed during the operation. 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 P IC 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 ca n 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 72

- hours prior to our conduct of these nighttime operations. We will submit a Plan of Activities that includes at least the following:

a. Dates and times for a ll flights. For seasonal or long

- term operations, this can include the beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every4

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 operatio n.

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 Tr ansportation 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 p ilot 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 another company (Industrial Skyworks, Exemption 16341, Docket FAA

- 2014

- 1060) for Night

- time Operations, and their proposed usage of the Aeryon SkyRanger. We would like to also propose the usage of the Aeryon SkyRanger for our Night

- time Operations. However, the Justification allowed by FAA for that previous Exemption Grant, focused on the sUAS being equipped with Anti

- Collisi on Light...combined with a number of Operational Limitations. As FAA is aware, there are numerous other sUAS on the FAA’s Approved List of UAS Platforms, that are only deficient in that they may not come from the Factory as COTS products without the Anti

- Col lision Light. Therefore, we seek Exemption for those other sUAS Platforms to fly during Night

- time Operations...with the Stipulation that they be retrofitted by our company with permanent installation of such equivalent Anti

- Collision Lights prior to Flight Operations.

We propose to conduct night operations with the Aeryon SkyRanger UAS, or other suitably

equipped sUAS from the FAA’s Approved List (e.g. DJI Phantom

- 3/4 Pro) , and therefore, request relief from 14 CFR § 91.209, Aircraft lights. Due to the des ign of the SkyRanger, and

our other FAA

- Approved List of sUAS Platofrms, with a camera on a gimbal, there is no consistent forward or aft position of the aircraft by which to install red and green position lights. Because of the symmetrical nature of our U AS, position lighting would not enhance the safety of the operation. With the other risk mitigations established in our Petition, we ask for a grant of5

re lief from 14 CFR § 91.209(a)(1) for not only the Aeryon SkyRanger, but also any other similarly

- equipp ed sUAS from the FAA Approved List of sUAS Platforms.

Although UAS lighting systems are not designed to any certification standard, we recognize that the lighting systems must provide adequate illumination for the PIC and VO to maintain VLOS capability an d a means for collision mitigation. 14 CFR § 103.11(b) allows ultralight vehicles to be operated during civil twilight, provided the vehicle is equipped with an operating anti

collision light visible for at least three statute miles.

The Aeryon SkyRanger UAS is already equipped (as it comes from the factory) with anti

collision lights visible from 5,000 feet. We propose that any similarly

- equipped FAA

- Approved

List of sU AS Platform that we will deploy, will be retrofitted with Anti

- Collision Light, and will meet this same 5,000

- foot Visibility requirement. For projects that involve flying our UAS near buildings or other permanent structures (e.g. for inspections of Building; Bridge; Real Estate;

Construction ; High

- Mast Luminaries and High

- Power Electric cables; or over Closed

- Set filming
temporary structures; etc. ), we will fl y the UAS within 100

- feet of such permanent or semi

permanent structures or Closed

- Set filming Temporary structure s ...a key factor in risk reduction derived from 14 CFR § 91.119 (prohi biting aircraft from operating in close proximity to structures and requires aircraft to remain at least 500

- feet away). When combined with the requirement to fly our UAS at

- or

- below 400

- Feet AGL, we feel that there is safe separation

between our UAS and m anned aircraft. A key factor in risk reduction is derived from 14 CFR § 91.119 which generally prohibits aircraft from operating in close proximity to structures and requires aircraft to remain a minimum of 500 feet from any structure.

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

dete rmined 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.

In support of previous, similar Petitions , the Sma ll UAV Coalition (Coalition) stated they felt FAA should approve nighttime operations if the petitioner proposes to abide by stronger safety measures than hobby and modeler groups operating similar aircraft. The Coalition has previously

stated that it does not believe that heightened safety measures should be required for petitioners simply because of the commercial nature of its operations. The Coalition urged the FAA to adopt an evaluation framework for UAS operations under section 333 of Pub. L. 112

– 95 t hat weighs the relative safety issues and risks of UAS by class and operational circumstances, rather than adopting artificial distinctions among unmanned aerial vehicles based on commercial and noncommercial operations. According to the Coalition, petitio ners using sUAS pose considerably less safety risk than larger UAS. The Coalition asserted that because UAS operations (similar to our Petition) pose minimal risk to safety, they should be subject to minimal and appropriate regulations. The Coalition noted the FAA is to consider the seven factors in section 333 as a minimum (size, weight, speed, operational capability, proximity to airports and6

populated areas, and operation within visual line of sight do not create a hazard to users of the national airspac e system or the public or pose a threat to national security). The Coalition stated FAA should consider factors other than those specified in section 333, such as: location, the altitude of its small UAV operations, proven experience and similar approvals.

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 of the proposed UAS operations.

FAA has previously grante d Section 333 exemptions to other companies (e.g. Industrial Skyworks; FAA Docket FAA−2014−1060) that permit small unmanned aircraft systems (“sUAS ”) operations within 500 feet of nonparticipating person on certain conditions that DCS would like to apply to its original Exemption Request and believes such operations and conditions would result in an equivalent level of safety. In addition, in light o f 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 a s this Request f or Modification, constitute “reasonable mitigation” for nighttime op erations 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’ nighttime flights. The information below is intended to amend and supplement DCS’ E xemption request.

In the NPRM noted above, the FAA acknowledged a willingness to consider “any reasonable mitigation which would ensure that an equivalent level of safety is maintained while operating in

low

- light areas.” While DCS acknowledges and shar es the FAA’s concerns regarding low

- light operations, DCS believes that the operating conditions set forth in its Exemption Request constitute reasonable mitigation that would provide an equivalent level of safety achieved during daylight operations and th e FAA should permit DCS nighttime flights. DCS operations include strict controls to ensure that the sUAS will be seen at all times and the operator will be able to avoid other airspace users.

Our Proposed Safety Precautions

Please see additional Attachment with DCS Sample Safety

- Case for Nighttime Operations

NOTE: Most of our sUAS Platforms come with GPS capability , including the Aeryon SkyRanger and DJI Phantom

- 3/4 Professional . Several of our sUAS Platforms come equipped with redundant GPS and GLONASS equipment (e.g. DJI Phantom 3/4 Pro) . This provides an

increased level of navigation and communications (C2) which helps the safety

- case of Nighttime Flight Operations

.

Additionally, we are currently working with NASA

- UTM Build

- 2 Program Office for official testing of FreeFlight Systems

- manufactured Universal Access Transceiver (UAT) integrated

on to our DJI

- manufactured Phantom

- 3 Professional Drones. We are undergoing complete Airworthiness & Flight S afety Review Board (AFSRB) for our planned NASA

- UTM Trials in October 2016. Thus, we fully understand what is necessary for Risk Identification & Mitigation.7

These UAT equipment can be received and interrogated by ground systems such as Harris

provided Au tomatic Dependent Surveillance

- Broadcast (ADS

- B) at FAA ATC Facilities around

USA (as well as NASA

- UTM). Please see the below UAT slides. We will, in future, attempt to integrate and test similar UAT Transceivers onto other sUAS from FAA

- Approved List of

P latforms. These UAT

- based ADS

- B OUT systems can add an additional level of Aviation Safety to our Nighttime Operations...however, we have not

- yet conducted such integration and trials on anything except our NASA

- UTM approved DJI Phantom

- 3 Professional Drone. With FAA Approval of this Petition for Exemption to fly Nighttime Operations, we will begin testing of UAT for nighttime operations also.8910111213

It is not currently possible to install UAT Transceivers on al l 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 ( than only the Aeryon SkyRanger ) during Nighttime Operations, th en we will commit to testing UATs o n more types of sUAS P latforms.

Thus, at this moment, for this FAA Nighttime Operations Exemption request, we propose:

 We propose that all nighttime operations will take place in a controlled access environment by requiring consent via waiver for all individuals entering the site.

 Prior to operations a map will be prepared which denotes takeoff and landing points, the area of operations, and the emergency descent zones to be used in the event that operations must be immediately terminated.

 We will perform a day time site asses sment of the operating area and note hazards and obstacles that may be difficult to see in low light conditions.

 Our operational safety measures will include the use of pre

- programmed flight plans, signage concerning the use of UAS in locations where Struc tural Inspections and/or filming is taking place, a lighted takeoff and landing area for night operations, and a comprehensive security plan.

 Our safety plan will include an identified control point from which the PIC will conduct operations, processes to cease operations if unauthorized persons, vehicles, or aircraft enter the area of operation, and visual arm signals and auditory signals to be used during operations to communicate that unauthorized persons have accessed the area.

 We propose to fly closer than 500

- Feet to site personnel, but not over them, in a controlled access area. We may fly directly over those who are participating in the safe operation of the UAS (e.g. PIC; VO

- Observers).14

 Except with those who are operating the UA, we will only operat e our UA closer than 500 feet of a person when barriers or structures are present that sufficiently protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident. We will ensure that these nonpar ticipating persons remain under such protection for the duration of the operation. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to persons. operations for training, proficiency, or experience building for PICs to qualify to operate under this exemption must be conducted during dedicated training sessions.

 Operations for training, proficiency, and experience b uilding may not be conducted within 500 feet of people with the exception of people participating in the safe operation of the UA, to ensure the safety of others. Thus, we protect to an equivalent level of safety given the sUAS’s size, low weight, and rest ricted operating footprint.

 All people associated with the operations must be briefed by the PIC on the potential risk of the proposed flight operation(s) and acknowledge and consent to those risks. We understand, the FAA uses such briefings as a means to notify passengers and others of safety information and to risks of certain operations. See, e.g. , 14 CFR §§ 91.319(d)(1) (advising passengers of experimental nature of an aircraft), 136.7 (air tour briefings). The requirement to obtain consent provides an additional margin of safety by building upon the briefing requirement to ensure that people participating in the intended operation have acknowledged that a UA will be operated within 500 feet.

 During operation s near people, we will have an Operations M anu al addressing the items as specified in the conditions and limitations issued by FAA. By requiring such manuals, we inculcate safety into our operations, and require documentation to address safety practices.

 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

 At least 72

- hours prior to conducting these nighttime operations, we will submit a written Plan of Activities to the local Flight Standards District Office at least 72 hours prior to

initia ting operations as described in the FAA Exemption conditions and limitations. The

List of FSDO info is noted above.

 We will ensure that in all our operations, we are able to perform an emergency landing without undue hazard to persons or property on the su rface if a power unit fails.

 Although we will operate below 500

- feet, we ask FAA to grant relief from § 91.119(c).15

The operating area will consist of a limited virtually

- fenced operating, take

- off, landing, and

transit areas within visual line

- of

- sight (“VLOS”) of the operator. We will ensure that there are no buildings or structures that may become natural (or man

- mad e) barriers to that visual line of sight.

This area will be illuminated. We will ensure lighting for the takeoff/landing area, such that the

PIC and VO

- observer night adaptation support the safety case. For example, takeoff/landing area lighting allows th e PIC to see the distance between the sUAS and the ground during takeoff and landing, and allows the observer to monitor that people remain at a safe distance. Operating at higher altitudes and with night adaptation, the PIC and observer can see the sUAS a nd look for airspace hazards.

For our nighttime operations, the takeoff/landing area lighting will be positioned so that the PIC and observer do not look directly into the light source. The ground LED markers, also used for medevac helicopters, have a dif fuse appearance to not interfere with night adaptation. We note the industry best

- practices found that proper lighting and light positioning allow the PIC and observer to maintain night adaptation. DCS proposes the same successful process for its operation s.

We will establish a ‘sterile area’ by extending our illumination out to at least 100

- feet beyond the expected use

- area. The operating area, consisting of the footprint of targets of photography/videology, plus 100

- feet laterally beyond this footprint, and a designated take

- off, landing, and transit areas, will have controlled access (i.e., no unauthorized persons in the operating area) and be illuminated in accordance with our operating manual.

As discussed further below, DCS nighttime sUAS

– the SkyRa nger (or other suitably

- equipped and comparable sUAS from the FAA’s Approved List of sUAS...with retrofit of Anti

- Collision Light )

– must also be operated with lights at all times. These lights are visible up to distances of 5,000 feet, well beyond the dista nce from which the operator will be controlling the sUAS. Therefore, the operator will be able to maintain sight of the lit sUAS in an illuminated, limited footprint, controlled

- access operating area.

Concurrently, DCS’ nighttime operations will also requ ire a visual observer (“VO”) to monitor the sUAS airspace and surrounding airspace to assist the operator with avoiding other airspace users. The VO will not only be able to monitor other aircraft in the area by identifying their required lighting, but aud ibly monitor the airspace during a time with reduced ambient noise. The VO will also be able to verbally communication with the operator, providing immediate warnings of other airspace users that requires avoidance action by the sUAS operator.

The Aeryon SkyRanger (and other similarly

- equpped sUAS) are only equipped with red light emitting diode (“LED”) lights that are visible up to 5,000 feet. Aeryon , and/or our company, can install green LED and infrared lights on the SkyRanger or other sUAS Platform . Ho wever, according to the manufacturer’s User Guide, the operator typically can only select one color to operate on the sUAS at a time. Green LED and infrared lights are not typically installed on Skyworks’ SkyRanger or other sUAS

.16

O ur sUAS will also be ope rating below 400 feet above ground level (“AGL”), lower than the minimum altitude for other airspace users with a 100

- foot buffer. The ability of manned aircraft

to “see

- and

- avoid” sUAS will rarely be required if the manned aircraft is appropriately flying above the required 500 feet AGL. DCS’ nighttime sUAS

– the SkyRanger (or other suitably

equipped & comparable sUAS from FAA’s Approved List)

– will be equipped and will operate with lighting for the identification of the sUAS’ location. In addition, airsp ace users will have knowledge of DCS’ nighttime operations and limited operating footprint through DCS’

submitted NOTAM.

To avoid posing a risk to persons on the ground at nighttime, DCS will only operate our sUAS in a controlled and limited footp rint with controlled access and barriers/protection for nonparticipating pers ons. The operating area will be illuminated so that the operator and VO can

see any per sons on the ground. If there is an incursion, the flight must terminate immedi ately

with the operator able to determine that the sUAS can land safely, having the a bility to scan the landing area with an infrared camera for any potential persons. Our pilot in command (“PIC”)

and VO

- observer will be in place for night adaptation, and our supplemen tal lighting will be designed and positioned to maintain night adaptation; our emergency procedures will be followed when night adaptation is lost.

DCS will ensure that our Standard Operating Procedures (SOP) will include not less than 30

- minutes of dark adaptation prior to night flight. Our PIC and observer’s positions will be assessed for their ability to maintain VLOS. We will ensure that there is sufficient supplemental illumination to create ‘daytime

- like’ conditions at ground level. These will not d egrade the dark adaptation of the pilot or visual observer (VO). These procedures will include:

PILOT IN COMMAND (PIC) & TRAINING:

See training section noted below.

DCS believes that its nighttime operations under the conditions discussed above and with the lights on the sUAS will be at least as safe as those with manned aircraft with an airworthiness certificate. Given the unique multi

- directional and slow

- speed oper ation of the sUAS, lights that can be seen up to almost one mile on all four rotor arms will provide ample visibility of the sUAS to other airspace users in all directions without the need for position lights or anti

- collision lights on the sUAS. With the use of an infra

- red camera, an illuminated operating area, and sUAS lighting, the operator will also be able to ensure that any take

- off and landing area is clear of any persons, achieving an equivalent level of safety achieved by taxi or landing lights. I n addition, DCS will be obliged to give the right

- of

- way to all other aircraft that will be fully aware
of DCS’ limited

- footprint operations through DCS ’ NOTAM.

Nighttime flights are a critical factor to DCS’ intended commercial operation towards some

Cus tomers, who have expressed that need (e.g. Movie Filmography; roofing and building façade inspections; etc.) and provide a direct safety benefit in many industries. As only one example, thermal imaging of buildings can only be conducted at nighttime, whic h increases the risks to personnel physically inspecting roofs and walls near rooftop perimeters or on scaffolding in17

darkness. Using the SkyRanger for nighttime infrared inspections greatly enhances safety to the personnel performing the nighttime inspect ions.

As an alternative to using sUAS, some industries must have persons traverse high buildings, rooftops, and mountain hills/mountain ridges using infrared cameras at night, posing a significant fall risk. In addition, using manned aircraft during night time hours at low altitud es poses an equally significant risk that is overcome by the safety benefits of operating UAS limited in size and weight at night. If the FAA believes that the “see

- and

- avoid” and persons on the ground risks require further mitigat ing steps, DCS is looking forward to working with the FAA to establish a framework for safe nighttime operations.

All operations shall be conducted within and under the conditions and limitations outlined previously by the FAA as required by Section 333 a nd conducted in compliance with the UAV operator’s manuals.

Respectfully,

Michael J. Erickson President, Drone Co

- Habitation Services (DCS) President, Aviation Management Inc., LLC (AMI)18 TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS................................................................................... 4

SUMMARY......................................................................................................................

..... 5

INTRODUCTION AND INTERESTS OF PETITIONER.................................................... 7

INCREMENTAL ENCROACHMENT INTO FAA

- CONTROLLED NAS..................10

BACKGROUND..............................................................................................................

...... 11

BASIS FOR PETITION......................................................................................................... 32

NAME AND ADDRESS OF PETITIONER......................................................................... 35

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DCS SEEKS

EXEMPTION............................................................................................................ .............36

THE EXTENT OF RELIEF DCS SEEKS AND THE REASON DCS SEEKS THE

RELIEF.....

......................................................... ...................................................... ...........38

THE REASONS WHY GRANTING DCS REQUEST WOULD BE IN THE PUBLIC
INTEREST .....................................................................

....................... .............................42

THE REASONS WHY G RANTING THE EXEMPTION TO DCS WOULD NOT

ADVERSELY AFFECT SAFETY.............................................................. ..........................47

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................... 58

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT DCS REQUEST

......... .................................................. ..... ..............................59

CONCLUSION.............................

....................................................................................... .59

A TTACHMENTS.....................................................................................6119 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Waiver or Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft Syst em UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing20 DRONE CO

- HABITATION SERVICES (DCS)

REQUEST FOR AMENDMENT/MODIFICATION TO CURRENT

FAA SECTION

- 333 EXEMPTION

SUMMARY:

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 fo r 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 approved Exemptions with regard to

ou r 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 sUAS Nighttime Operations.

Drone Co

- Habitation Services (DCS)

, seeks exemption from the r equirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate various Unmanned Aircraft Vehicles

- UAVs during Daytime and Nighttime Operations

.21

SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief previously requested in Grant of Exemption Nos. 16341, Docket No. FAA

- 2014

- 1060.

The FAA is familiar with and has already determined that these commercial off

- the

- shelf vehicles selected meet the requirements of Section 333 of the Reform Act due to their weight, speed and operational capabilities.

INTRODUCTION AND INTERESTS OF THE PE TITIONER

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 A T C 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.22

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

DCS and AMI are ret ired or former ATC Controllers or Aviator Pilots.

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 h ave 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

- McG uire, NJ; USAF

- Charleston, SC; USAF

Dyess, 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 in clude 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

- y ears, 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 f or 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. Erickso n...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 AM I 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 unde r 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 encr oachment 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 provi de 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.23

DCS seeks to promote and expand knowledge for the s cience and art of UAVs. Our Operators, staff, and students of our consulting 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 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 li nes monitoring, firefighting service, sport casting, cellular networking, meteorological services/research, fisheries monitoring, law enforcement, and

entertainment.

UAV Activities Within Pre

- Approved COAs

DCS seeks to get FAA Exemption within Pre

- Approved COAs and the COA that FAA previously Granted us Exemption (nationwide, at

- or
- below 400

- Feet AGL)

. Many of our intended UAV Research & Development (R&D) , and commercial UAV activities can be conducted within p re

- approved COA locations. These may include R&D Technology Trials; Verification & Validation (V&V) of UAV Flight Procedures; Testing of various UAV airborne platforms; Standardization of UAV

- related Operator Training & Curriculum Development; etc.

UAV Op erations in ‘real world’ situations (targets of opportunity), outside pre

- approved
COA R&D locations:

FAA has granted DCS with Exemption to fly in nationwide COA, at

- or
- below 400

- Feet AGL, but with various limitations (e.g. not within ATC Assigned Airspaces without ATC organizational approval).

DCS’ UAS operations in these activities would be activated in coordination with the FAA and the official in charge of or having aviation jurisdictio n over such activities. DCS would strictly

limit or control our use of UAVs in such opportunities (e.g. over members of the general public) and ensure full coordination with any manned aircraft operations.

DCS hopes to use such activities to help educate our companies, public and private entities, etc.

on use of UAVs as a ‘Customer Service’ to unlock and maximize benefits for their organizations.

U nique Public and Commercial activities (e.g. Catastrophe Areas) cannot be predicted and are unlikely to occur at pre

- approved UAV test sites. Further, no test site coul d provide the scale, variability, complexity and unpredictability likely to occur during and after actual catastrophes. Therefore, DCS requests the FAA grant an Exemption to fly our sUAS Platforms during nighttime operations. Testing and Validation Trials under real

- world conditions now will result in even safer operations later. In addition to providing faster, more effective service to Public and Private Customers. In this regard, our use of UAVs may free up scarce ground and manned

aviation assets for ot her more critical needs, and it may even save lives in some applications. The requested authorization could be granted in addition to, and as a part of, the relief sought herein.

Allowing DCS to conduct real

- world UAV Operations and Testing during nighttime can be important first steps towards safe introduction of UAV operations into the Air Traffic24

Management (ATM) activities of the National Airspace System (NAS) that is desired by FAA

and NASA

- ATM Program Office. Further, it can be importan t 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.

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. If it involves our UAV support to Emergency Teams, then we will coordinate with the FAA and all first responders to e nsure that our use of UAVs can occur safely and without impeding public safety efforts. Our UAV operations will cease immediately at the direction of the applicable officials. Further, our UAV operations will be conducted with notice to manned

aircraft and will at all times cede the right of way to such aircraft.

DCS proposes that the process we will use for obtaining access to these work areas that have not already gotten Pre

- Approved COA Authorization will be as follows:

• If the area is for Agriculture

- related activities, Construction Sites, or Real Estate Surv ey and Photography, then DCS will seek the permission of Farmers, Land Owners who own or

control those areas. For UAV

- based High

- Mast Electric Power Surveys and Inspections, we will obtain permissi on of, and leverage the access to those areas, that is already approved by the Electric Power Companies themselves.

• If the UAV area is currently used for Mining Operations, then DCS will seek the permission of the Mining Companies.

• If the UAV area is u sed for Forestry, Natural Resources, Civic Landmarks, etc. then DCS will seek the permission of the appropriate Govern ment Agencies owning or having jurisdiction

over those areas.

• If the area to be used for UAVs involves an area where a catastrophe is ex pected to occur, or has recently oc curred, then DCS will contact the FAA’s UAS Integration Office, AFS

- 80, the cognizant Flight Standards District Office, local Air Traffic Control Facilities, and the Official

in

- Charge of on

- scene emergency response activ ities, or whomever the FAA desi gnates in the

Grant. DCS will give the applicable authorities a copy of our Grant and information about the location, UAV, and flight activities to be conducted. The UAS Inte gration Office will give DCS permission to conduct flight operations subject to the conditions and l imitations in the Grant.

DCS will coordinate with both the FAA and the officials in charge of on

- scene emergency response activities prior to conducting its UAV operations during or immediately following the actual catastrophe . DCS will take direction from the FAA and the officials in charge of on

- scene emergency response activities as to the location, duration and real

- time coordination of its in

catastrophe UAV operations.

In all cases noted above, with pr oper controls and coordinati on, as described herein, DCS believes such operations can be safely conducted to avoid any risk to first responders, other aircraft and persons and property on the g round. During operation, DCS will fly cautiously and safely to ensure that our UAV operations do not create any hazard s to people or property. DCS

will also coordinate with all25

USE OF GEO

- FENCING

We propose to use Geo

- Fencing in our Nighttime Operations. As an example of Geo

- Fencin g one such DCS sUAS Platform, we show the capabilities of the DJI Phantom

- 3 Professional (P3P) Drone:2627

C2 Link Loss + GPS/GLONASS Signal Loss + Manned Aircraft entering otherwise restricted Test Range (or Drone exiting Range) + Collision with said Aircraft + potential for People on the ground, who are not involved in the Tests:

We feel that such a scenario is unrealistic. It is improbable that the sUAS would have both GPS Signal Lost and C2 Link Lost at the exact same time. If there is 1/1000

- Chance to lose either signal, then it is 1/1

- Million Chance to lose both. Each Hazard has a Probability folded into it. Risk = probability of failure x hazard eff ect of that failure. So Lost Link

- > pilot loses control

- > UAS crashes into ground or obstacle

- > injures person. Mitigation

- We're at a Restricted UAS test site. There are no people on the ground. Even if the UAS crashes, very tiny probability that it might hit someone. Since there is no person on a UAS, we feel the hazard effect should be focused on possible injury to people on the ground or in other aircraft. This is the same as AC23.1309 risk assessment, with the caveat that 1309 considers everyt hing a risk to the people on the plane itself. UAS has no one on the UAS, so you should be able to ignore hazards that don't directly affect people on the ground.

There are no currently

- established FAA Safety Requirements officially for such multiple haz ard condition. Thus, we feel that it is unnecessary that basic VLOS Flight should impose this Requirement. Until FAA imposes such Requirement for all Commercial UAV

- Drones manufactured for USA flight operations, then we feel it is not necessary for our lim ited activities.

We mitigate this ‘Dual C2 Link Loss condition by:

1. Our sUAS (e.g. DJI) are the leading Drone manufacturer s in the world and USA. DJI, for one example, has 49,000+ DJI Drones flying in the National Airspace System already (albeit high percent are recreational); DJI reports ~30M Phantom

- 3 flights, with ~4Million hours flying. In all that time, there has been ZERO significant injuries or deaths. The Drones have very28

technically

- robust C2 Links (e.g. the P3 Pro uses Lightbridge C2 link )

. One can find YouTube videos of people doing range testing; DJI , for example, has tested and validated the Range Specifications, taking consideration that actual link range accuracy can vary slightly with the terrain or intervening obstacles.

2. Our ch osen sUAS have an established and thoroughly

- tested Failsafe software that will force the Drone to either Automatically Land, Hover, or Return

- to

- Home (RTH), if the GPS/Glonass Signal is Lost, or the C2 Link with Remote Control

- RC is lost...without Fly

- Awa y condition. In

the case of the DJI GO, you can set the UAS to land, hover or RTH when it loses control link. At the bottom of the main controller settings there is an “Advanced Settings”. Near the bottom of that one can see an option for what you want th e UAS to do for lost link. Thus, we can set the Failsafe to always Land...completely mitigating any Fly

- Away Risk...if this is required by

NASA & AFSRB.

3. Our sUAS (e.g. the Phantom

- 3 Pro ) system has ability to pre

- program the Return

- to

- Home

RTH Point, wi th the PIC watching this on the Display Screen as the flight progresses. Further, we are now investigating with DJI whether the Drone has the ability to re

- set the RTH Point progressively as the Drone flies along the Course. Thus, at least in the case of a lost C2 link the RTH point is relatively close. This also has the benefit that you will know where to find the

aircraft in the case of a lost link. 4. There are typically 24

- GPS Satellites and 10

- GLONASS Satellites overhead most locations

in the USA. Further, we will manually

- fly our sUAS along various pre

- defined courses, & pre

test our C2 Signal Strength & GNSS Signal Strength. Thus, there is very tiny possibility of

GNSS Loss. 5. We will place the GCS Controller ( e.g. P3P with DJI GO app) and App le iOS Controller

near middle of Flight Opertions area that will be utilized by our s pecific commercial mission. This will expand the coverage of Line of Sight (LOS), and bolster the C2 Signal Strength to be Diameter Strength instead of 1

- axis Radial Strength.

6. Our sUAS are small enough that the extent of our Visual Sight of the Drone might not

exceed about 1

- m ile away...however, the C2 Link s are typically rated (e.g. DJI) out to 3

- 5 Miles. Therefore, we will pre

- program a GeoFence into the Drone (through Waypoints) to remain

within safe and usable distances.

7. We verified with manufacturers that if the Drone loses both GPS Signal Loss, and C2 Signal Loss, at the same time...the aircraft will either crash downward, or stop in its then

- current position and drift slightly...only moved by the winds. It will not take

- up un

- commanded forward flight and fly outside of the Geo

- Fenced area. 8. We will utilize a SkyReat Copper Parabolic Antenna Range Booster (Amazon $19). We feel this will significantly or enhance the Signal Reliability.

9. We will utilize a Flight Observer

- person located mid

- point in the Mission A rea (e.g. within

1

- mile ), with a hand

- held Telephone Communications to potential stakeholders (e.g. FAA ATC Facilities or Flight Service Stations

- FSS) and to the Remote Control PIC. If any untoward actions are observed in the Drone, they will be immediatel y notified.

10. Our Drone Application s provide constant readout (on the equipment) of the C2 Signal Strength. Thus, if/when the C2 Signal Strength diminishes below 66% Strength, we will force the aircraft to land immediately, and take corrective action to reposition the Remote Controller to

more favorable location.

11. We hope to install FreeFlight Systems 3

- Watt Universal Access Transceiver

- UAT s on our Drones for Testing, that will provide current Drone Telemetry (Position & Altitude) to both our29

Tea m and to the Harris

- provided ADS

- B Ground Station at NASA

- UTM. Therefore, if there is an apparent 'Fly

- Away' condition, then FAA and ATC Facilities (or Airports) would be able to immediately identify such condition, and provide normal ATC Traffic Calls to any potentially impacted Aircraft.

THUS, we feel that we have safely mitigated this contingency within all realistic parameters and risk analysis...and our sUAS are safe to fly VLOS.

INCREMENTAL ENCROACHMENT INTO FAA

- CONTROLLED NAS

We believe that the safest way to accomplish introduction of nighttime Civilian/Private UAV operations into the FAA

- controlled National Airspace System

- NAS is through incremental encroachment...starting with the least populated, rural and urban areas...and the n leveraging the Best Practices learned towards expanded proliferation of UAVs. We will commence our support to the UAV industry, and conduct these UAV operations initially within Mining

- sector COAs

. We will help Civilian UAV customers to practice nighttim e UAV flight operations, conduct their UAV Training, and ultimately help them expand their platform and technology applications away from the mining industry and towards targeting other commercial, public, and residential

uses such as:

 Inspection of permanent or semi

- permanent structures

 Increase public knowledge of UAVs and promotion of their safe operation within National Airspace System (NAS)

 Mining Operations & Surveillance

 Construction sites before and after

 Agriculture & Insurance Assessments, Surveys, and Monitoring

 Appraisals

 Real

- estate marketing

 Economic development

 Civic landmarks

 Special event coverage

 High

- Mast Electric/Power Tower Inspections

 Private and G overnmental training

 Closed

- Set Motion Picture Filming & Cinematography

The core o f our corporate business at DCS (and AMI) is that of ‘Aviation Consulting’ to Public & Private organizations , Standards Development, Aviation

- related Business Management, and supply of ATC and Airport equipment/infrastructure to aviation end

- users. This UA V sector will

be incidental to our main line of consulting and Business Management activities.

Our Staff have safely flown small RC electric quadcopters recreationally for approximately 2

- years without incident.

BACKGROUND

Unmanned Aircraft Vehicles (UAVs)30

Dro ne Co

- Habitation Services (DCS), supported by Aviation Management Inc., LLC (AMI)

, seeks exemption to operate one or more UAV systems for compensation or hire within the NAS.

Applicant has already submitted (competition

- sensitive/confidential) Use

- Case and supporting documentation to FAA in our original Petition for Exemption. That documentation can be referred to again for this Amendment Request. That documentation included various Concept s of Operations doc ument, Operations Checklist, etc. are confidential documents under 14 CFR 11.35(b) as these documents contain proprietary information that the applicant has not and will not share with others. Our safety policy contains operating conditions and procedures that are not normally available to the public, and may be protected from release under the Freedom of Information Act 5 USC 552 et.seq.

We have also previously submitted our UAV Safety Guidelines Checklist , which includes:

1. Ensure that Operators are using only genuine parts and that all parts are in fully

- operable

condition.

2. Ensure that remote controller, intelligent Flight Battery, and mobile devices are fully

charged.

3. Ensure there is no foreign objects stuck in the camera lense, the micro

- SD card, or

ano ther other part, and that the micro

- SD card has been inserted properly such that ghe gimbal and all moving parts can rotate or move freely before powering it on.

4. Ensure that the Propellers are securely mounted and the motors can start and function normally

. 5. Ensure the UAV application and aircraft’s firmware have been upgraded to latest version.

6. Ensure that our flight area is outside the No

- Fly Zones and flight conditions are suitable for flying the UAV.

7. Ensure that the operators are NOT flying under the inf luence of alcohol, drugs, or any substance that may impair their abilities.

8. Be familiar with the selected flight modes and understand all safety functions and warnings.

9. Be sure to observe all local, State, and Federal regulations, obtain appropriate

author izations, and understand all risks.

10. Flights directly over main streets, highways, heavy traffic, government buildings, hospitals, police facilities, federal reservations, within restricted airspace/airports, voting stations/poles and/or any other locations that are restricted by law shall be avoided unless applicable Approval has been granted in advance.

The FAA, as discussed in the grant of exemption to Trimble Navigation Ltd. (Exemption No. 11110), neither section 333, nor the FAA’s exemption authority a llows the FAA to exempt pilots from the statutory requirement to hold an airman certificate as prescribed in 49 USC § 44711. Exemption No. 11213 to Aeryon Labs Inc., the FAA compared the aeronautical knowledge requirements of the commercial and private pil ot certificates to the recreational and sport pilot certificates to determine how they differed and what would be required for a UAS pilot.31

DCS proposes that our pilots would be able to operate safely because they would: (1) hold an FAA commercial pilot certificate and second class medical certificate and (2) have completed the petitioner’s training program for operation of their sUAS in accordance with the operating

documents.

However, for DAYTIME

- ONLY sUAS operations, we ask that FAA consider our exper t aviation credentials within the ATC field, in allowing our company to become a ‘Pioneer’ for lesser pilot certification level.

One of the main concerns of the FAA with regard to sUAS operations within the National Airspace System

- NAS is that there are insufficient Trained & Certified sUAS Pilots to handle the onslaught of planned Commercial UAS business. Thus, the current Airmen Certificate requirements by FAA inherently causes a bott leneck and encourages these other sUAS Operators to disregard the FAA Regulations and fly with less than the required Training & Certification. This causes nationwide safety of flight issues.

Therefore, after considering all aviation safety issues, we fee l that for our daylight sUAS operations this requirement for an ‘Airman Certificate’ could and should be relaxed by the FAA to include those individuals (PICs) that ‘complete an FAA

- approved course of Aviation Study equivalent to Airmen’s Certificate Train ing’. In such case, to meet this minimum Requirement

for 49 USC § 44711, we ask FAA to Grant Exemption to our company to use PICS who have passed a course of Instruction to prepare them to become an FAA Certified Air Traffic

Controller

- ATC (Control Tower a nd/or Radar ATC), which is a lso an ‘Airman Certificate’

. This course of Instruction could come from Military ATC Academy, or from FAA’s MMAC ATC Academy, or from the FAA

- Approved Collegiate Training Initiative

- CTI Programs. This Exemption alone would open the sUAS industry up to thousands of new PICs with FAA

Certification as Airmen. The FAA has already established and validated that FAA Certification (with or without ATC Position Qualifications) establishes minimum Curriculu m for aviation safety at these FAA

- Approved training Academies , that is equivalent to use

- cases such as Commercial sUAS Operations.

Further, allowing DCS to staff PICs with Graduates from FAA

- Approved ATC or Aeronautical (CTI) Universities and Schools as noted above ...with an added component for sUAS Operator Practical Application Checkout...would greatly expand the sourcing pool of qualified sUAS Drone Pilots. Thus, the goals of 49 USC would be achieved, with aviators having the equivalent to that required fo r Airmen’s Certificates, and equivalent education and training to that of Sport Utility Licenses. DCS asks for this ‘Pioneer’ Training Exemption as pertains to Daytime

- Only operations . For nighttime

- only operations, we would comply with the FAA Requiremen ts for those nighttime activities.

If FAA does not approve this Training & Certification portion of our Petition for Exemption, then we will comply with current FAA Airman Certification req uirements, plus Screening by the Department of Homeland Security ( DHS). In accordance with previous Exemptions, DCS asks for FAA Grant of relief from §§ 61.101(e)(4) and (5), and 61.113(a), to allow a PIC holding a private pilot certificate to operate a UAS for compensation and hire, subject to conditions specified by F AA that may be expanded from our original Exemption Grant. Our PIC will also32

hold either a medical certificate issued under 14 CFR part 67 or a U.S. issued driver’s license as previously determined in our original Exemption. The PIC must also comply with 1 4 CFR § 61.53, Prohibition on operations during medical deficiency (similar to what FAA Granted under Exemption No. 11213 for Medical certificates: Requirement and duration § 61.23(a) and § 61.23(c)).

Training & Certification For NIGHTTIME

- only sUAS opera tions,

DCS understands that Night Flying is very different from day flying because human vision at night is not as receptive as it is during the day. We are very familiar with the FAA processes and procedures to ensure the safety of aircraft operations co nducted at night. Pilots operating at night must be trained and tested to ensure they have the basic knowledge required to operate safely at night. The FAA has already compared the training and testing requirements of the commercial and private certificate s to the recreational and sport pilot certificates to determine how they differed on operations between sunset and sunrise for holders of a recreational pilot certificate or night operations for holders of a sport pilot certificate. The FAA has already det ermined that there are additional training and testing requirements at the private pilot level that are not required for holders of a recreational pilot certificate or a sport pilot certificate. For example, training for private pilots includes principles of night vision and night visual illusions, which provides training on human night vision limitations and how to adapt to them and potential confusion and concerns of night illusions. Additionally, private pilots are trained to understand the airplane and airport equipment and lighting, which are necessary for basic operation at night. Holders of a sport pilot certificate do not receive this training and are therefore not permitted to operate aircraft at night.

Though the FAA does not approve UAS training programs such as DCS night training program or its criteria, it does recognize that the training, mitigates the risks of night operations because it requires the PIC to accumulate nighttime operating skills, knowledge, and experience of unmanned aircraft p rior to conducting commercial operations.

Therefore, for night operations, we will ensure that our PICs hold an airline transport, commercial, or private pilot certificate that allows night operations. With this guarantee, we ask the FAA to grant relief f

rom 14 CFR § 61.113(a) to allow a PIC holding a private pilot certificate to operate a UAS for compensation and hire subject to the conditions and limitations noted

herein.

DCS understands that the FAA medical certification process has tests to determine the ability to perceive colors necessary for the safe performance of airman duties. For example, red, green, and white colors are used to indicate the direction and position of flight of manned aircraft. Under this exemption, we propose that our PICs opera ting at night will be able to discern colors to determine the motion of lighted manned aircraft and interpret the relative position of manned aircraft and their direction and motion. This ability to perceive certain colors and have the training to understa nd the meaning of these colors is necessary for night operations of UAS.

We noted that the FAA already considered medical certificate requirements for a VO

- visual observer. As in Exemption No. 11213, the FAA determined that thi s is not necessary (subject to33

conditions & limitations). We will not operate our UA beyond the actual visual capabilities of the VO, and the VO, any student manipulating the controls, and the PIC must have the ability to

maintain VLOS with the UA at all times. We understand that it is the responsibility of the PIC to be aware of the VO’s visual limitations and limit operations of the UA to distances within the visual capabilities of both the PIC and VO.

To ensure safety, we will provide additional Training, Proficiency, and Experien ce

- building to safely operate the UAS in a manner consistent with the proposed night operations. DCS requires comprehensive training of its PICs, including flight instruction and ground school. Under DCS’ proposed operating limitations, a PIC must also acc umulate nighttime operating experience. Our SOP, flight instruction, and ground school syllabi will include nighttime experience training requirements, nighttime procedures, night adaptation physiology, and positioning of supplemental lighting. DCS believe s that the comprehensive daytime and nighttime operations training further mitigates the potential at nighttime operating risks to achieve an equivalent or greater level of safety as daytime operations.

DCS UAV Operators:

Flights using the UAVs shall be conducted by at a minimum of a two

- person crew, however, three is considered optimum based on the experience of the petitioner. The three

- person crew shall consist of a pilot

- in

- command (PIC), a visual observer (VO), and a ground station commander/operator (GSC). While the PIC is expected to have proficient knowledge of the UAVs, it is expected that the VO and GSC also have demonstrable knowledge into the basic functions and operations of the specific operations of the UAVs.

The PIC has the responsibility of ensuring the safety of operations of the UAV. The PIC is the person who has final authority and responsibility for the operation and safety of flight, has been designated as PIC before or during the flight, and holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight. The responsibility and authority of the PIC as described by 14 CFR 91.3, Responsibility and Authority of the Pilot

- in

- Command, apply to the unmanned aircraft PIC. The PIC position may rotate duti es as necessary with equally qualified pilots. The PIC must conduct a pre

- takeoff briefing as applicable prior to each launch. The briefing should include but is not limited to the details entailed on the mission cards.

The purpose of the SO (if the missi on requires one) is to observe the surrounding operational airspace and alert the PIC if anything enters the operational areas within the UAVs. The SO, if deployed, must be able to see the aircraft and the surrounding airspace throughout the entire flight, provide the PIC with the UAV’s flight path, proximity to all aviation activities and other hazards sufficiently to exercise effective control of the UA in order to comply with CFR 91.111/91.113/91.115 and prevent the UA from creating a collision hazard.

Additionally, the observer must be able to communicate clearly to the pilot any instructions required to remain clear of conflicting traffic, using standard phraseology as listed in the AIM when practical. The purpose of the GSC is to monitor additional te lemetry links and information streaming from the UAS flight computers or payload computers. Additionally, the role of the GSC is to support missions of the UAVs in such a manner to ensure successful operations. By34

enforcing a GSC to monitor aircraft periph eral telemetry allows the PIC and SO to further

conduct a narrower set of duties which allows for an increase of focus on the aircraft and associated airspace.

While the majority of flights will be manually piloted, some flights will be preprogrammed into the UAVs by the PIC. This automated functionality will be used to ensure the accuracy and successful data coverage for the target area. Throughout automated flights, the PIC will always hold the transmitter, monitor basic telemetry data, and be prepared t o abort the operation and fly the UAV manually should an emergency situation occur. The GSC if used shall support the mission by relaying additional status to both the VO and PIC for flight time remaining, signal strength, and payload operations.

Give n th ese safety features, DCS proposes that operators of our UAVs (e.g. the SkyRanger in particular , but also other similarly

- equipped sUAS ) should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:

 ha ve successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written examination or FAA

- recognized equivalents including commercial or private license and ground school issued from an ICAO recognized countr y;

 have completed the manufacturer’s (e.g. Aeryon’s) authorized training program for operation and maintenance of the UAVs.

Petition should describe operations within close proximity of airports

DCS may receive operation request to perform aerial UAS flights in close proximity to airports. In the performance of our Aviation In frastructure Consulting, DCS may have opportunity to use UAVs in conjunction with activities such as Airport & ATC Master Planning , Obstacle & Clearance review, Airspace and Approach/Departure Procedure Development, Navigational Aid Siting, etc.

In such cases where DCS pursues such opportunities, we will use our decades

- long expertise in Airfield Operations and ATC Control to facili tate coordination with the appropriate airport personnel to include local FSDO’s to obtain clearance to do so . NOTAMs will be issued. DCS will adjust flight profiles to remain well outside airport flight paths to include remaining outside approach and depa rture corridors as well as operating below fixed wing and rotary wing operating altitudes.

DCS (supported by AMI) will also use our ATC

- related Pilot

- Controller Communication skills to operate a hand held VHF radio to monitor traffic as well as relay UAV specific operations, locations and altitudes. At any time communication is lost between the PIC and airport authorities the flight will be terminated.

DCS (supported by AMI) primary business includes assessing and surveying airports and ATC infrastructure for best NextGeneration Implementation...within the safest operating environment. The UAVs may help us to identify and capture images of obstructions that are not easily recog nizable from the ground or from satellite imagery. Thus, DCS may be called

- upon to35

operate our UAVs on or above Airports, Helipads, Heliports and h elicopter landing zones. DCS will only operate with the permission of Airport and Helipad/Heliport managers w ith proper notification and approval disseminated and re ceived prior to flights. DCS will also work with local governments to establish safe and acceptable UAV operations for such co nsulting

activities.

We will not operate our UAVs within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agr eement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. We understand that the letter of agreement with the airport management must be made available to the Administrator or any law

enforcement official upon request.

Proposed Usage of UAVs for closed

- set motion picture and/or television filming production:

DCS asks FAA to Grant Exemption to conduct nighttime sUAS operations for the purpose of

closed

- set motion picture and tel evision filming and production. In addition to the Safety Precautions noted above, we agree to the following additional c onditions and limitations, which may apply:

 The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant o f exemption.

 At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N−Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or repre sentative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

 Flight operations may be conducte d closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.36

UAV Markings: The DCS operated UAVs will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

The UAVs which DCS will utilize have no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the UAVs, two

- inch lettering will be impossible. Official marking systems for small UAS have not yet been established for operations37

inside the NAS. Our UAVs are currently marked with a fixed label containing the manufacturer labeling which typically measure approximately 1.5” x 0.5”. Almost all UAVs also come from the factory having a serial number located under the removable camera payload s

. DCS is prepared to mark the inspection system with the name of the organization and location or origin

and fulfi ll any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, observer, a nd others working with the UAVs will see the identification of the UAVs. The FAA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167,

10167A and 10700.

UAV Operating Parameters

We understand the current FAA policies and regulations as pertains to UAV Operations:

 Unmanned aircraft must weigh less than 55 lbs. (25 kg).

 Visual line

- of

- sight (VLOS) only; the unmanned aircraft will remain within VLOS of the operator or visual observer.

 At all times the small unmanned aircraft will remain close enough to the operator fo r the operator to be capable of seeing the aircraft with vision unaided by any device other than

corrective lenses.

 Our use of Nano

- UAVs and Micro

- UAVs may be allowed to operate over persons not directly involved in the operations. However, our potential f uture use of Small unmanned aircraft will not operate over any persons not directly involved in the operation.

 Will yield right

- of

- way to other aircraft, manned or unmanned.

 May use visual observer (VO) but not required.

 First

- person view camera cannot sat isfy “see

- and

- avoid” requirement but can be used as long as requirement is satisfied in other ways.

 Maximum airspeed of 100 mph (87 knots).

 Maximum altitude of 500 feet above ground level.

 Minimum weather visibility of 3 miles from control station.

 No oper ations are allowed in Class A (18,000 feet & above) airspace.

 Operations in Class B, C, D and E airspace are allowed with the required ATC permission.

 Operations in Class G airspace are allowed without ATC permission

 No person may act as an operator or VO for more than one unmanned aircraft operation

at one time.

 No careless or reckless operations.

 Requires preflight inspection by the operator.

 A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the s afe operation of a

small UAV

.

 Proposes a micro

- UA V option that would allow operations in Class G airspace, over people not involved in the operation, provided the operator certifies he or she has the requisit e aeronautical knowledge to perform the operation.

We will abide by the FAA

- mandated operating conditions under this exemption, which ensures a level of safety at least equal to existing rules.38

Addressing Typical Concerns of NAAA, ALPA, and USHPA

NAAA has previously stated that it represents the interests of small business owners and pilots licensed as commercial applicators. It has been made clear in other Section 333 requests that NAAA members operate in low

- level airspace, and clear low

- level airspac e is vital to the safety of these operators. NAAA stated that seeing and avoiding other aircraft and hazardous obstructions is the backbone for agricultural safety, and agricultural pilots depend on pilots of other aircraft to perform their see and avoid f

unctions needed to prevent collisions. NAAA believes that UA operations at low altitudes will increase the potential of collision hazards with agricultural aircraft.

DCS answers this concern by stating that it has been contacted by many operators of pilot ed aircraft for agricultural operations interested in the capabilities of UAV technologies as it relates to precision agricultural app lications. Additionally, DCS answers this concern by reasoning that if indeed the airspace surrounding agricultural areas has a significantly higher percentage of congestion in the NAS, then the applications of using UAVs would ultimately benefit the pilots themselves as this would reduce their risks associated with flight while gaining the same

information in a timelier and cost effective manner.

In its comments, the USHPA submitted similar concerns relative to activi ties of other low

altitude user groups including ballooning, skydiving, powered ultralights, etc.

DCS can address the concerns of the USHPA by stating that the concerns of operating such low

altitude groups of aircraft within a potential operating area of a UAV presents little to no risk to both aircraft systems. Following typical right

- of

- way rules, the manned aircraft would ultimately

have the right

- of

- way over the airspace. Additionally, enough time to res pond to the airspace congestion would be easily possible by the PIC because of the relatively low o perating speeds of the proposed aircraft groups. Ad ditionally, with the use of both a PIC and SO to obse rve the surrounding airspace, a visual confirmation would be able to positively achieved by the operating

crew of the UAVs and mitigation actions taken well in advance before any risk of near midair

coll isions.

To address further common concerns of NAAA, ALPA, and USHPA; DCS proposes that the issuance of NOTAMs and the coordination of planned activitie s with the FSDO several days in advance of operations ensures that attempts have been made to address an d make other pilots

aware of operational activities and advise them to use their best judgements on flight plans.

Additionally, the petitioner of this proposal suggest th ose who are concerned about the operations of this operation, consider the experience and extenuating circumstances of t he petitioner/PIC.

BASIS FOR PETITION

Dro ne Co

- Habitation Services (DCS), pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the39

Administrator to commercially operate sUAS in the Nation al Airspace System (NAS), and for an exemption from the requirements of 14 C.F .R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

The FAA has issued grants of e xemption in circumstances similar in all material respects to those presented in our petition. In Grants of Exemption Nos. 16341 (Industrial Skyworks), ( see Docket No. FAA−2014−1060 ), the FAA found that the enhanced safety achieved using an

unmanned aircra ft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS o peration enabled by this exemption is in the public interest.

The FAA is familiar with and has already determined that these commercial off

- the

- shelf vehicles selected meet the requirements of Section 333 of the Reform Act due to their weight, speed and o perational capabi lities.

14 CFR §91.119: Minimum Safe Altitudes Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119(d) allows that helicopters may be operated at less than the minimums prescribed in paragraph (b) or ( c) of this section provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption is for UAVs that may include helicopters, and the exemption requests authority to o perate at altitudes starting at or below 200

- feet for Phase

- 1, then at or below 400

- fe et for Phase

- 2 , an exemption appears to be needed to allow such operations. As set forth herein, the UAVs will never operate higher than 4 00

- AGL with the exception that i n circumstance where the UAV is used to survey or photograph a structure installed terrestrially

which exceeds 4 00

- AGL, the UAV will not be operated more than 100

- feet above the highest point on the structure.

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

unmanned air craft and its operation, DCS operation of these sUAS meet the conditions of FMRA Section 333 and therefore, wi ll not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpa rt H.

Accordingly, DCS requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to

aircraft with an airworthiness certificate.

We request a n exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two

- inch lettering is difficult to place on such a small aircraft with dimensions smalle r than the minimal lettering requirement. Regardless of this, we can mark the UAVs in the largest possible lettering by placing the words on its fuselage (if required by §45.29(f)) so that anyone will see the markings.

DCS submits that the requested relie f is proper since an equivalent level of safety will be

ensured. DCS wi ll use experienced personnel or technicians to perform maintenance, alterations,40

or preventive m aintenance on the UA V using the methods, techniques, and practices prescribed in the ope r ating documents (i.e., Monthly Maintenance Log, and Instruction Manual s ). As one example which will be patterned for all our UAVs, the Flight Manual for the DJI Phantom s (e.g. Phantom 3) can be found at: http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_en_0915 .pdf

Furthermore, DCS will document and maintain all maintenance records for the UAV

- Drones in

use

.

DCS requests relief from certain daytime and nightti me sUAS operational requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , to
the extent necessary to allow a Pilot in Command (PIC) is able to safely operate the UAVs in a

manner consistent with thi s exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

As part of our Aviation Training & Consulting Business, we Request Relief from Statutes pertaining to the need for Pilots

- in

- Command as pertains to Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be

o perated under this exemption. However, we propose that such training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations are co nsidered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91 .119 if required.

DCS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because our sUAS

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DCS submits that we will ensure that the UAVs flown are in an airworthy condition, prior
to every fli ght, by determining that the UAVs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and Instruction Manual s ), and that the aircraft are in a condition for safe flight.

DCS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as our UAVs will not have a typical barometric altimeter onboard. However, altitude information of the UAVs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the

Ground Contro l Stations

- GCS for active monitoring of the flight path. This altitude in formation,

combined with DCS operation of the UAVs within visual line of sight while in the National Airspace System (NAS) will ensure a level of safety equivalent to Section 91.121.

Additionally, DCS seeks an exe mption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . DCS submits that safety will not be affected by operation of our UAV

- Drones during daylight or nighttime hours in vis ual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total41

duration of approxim ately 25

- minutes. Battery power indicators are also able to show exactly how much battery pow er is left, as well as how mu ch time is needed to retu rn safely back to point of take

- off.

In accordance with 14 C.F.R. § 11.81, DCS provides the following information in support of its petition for exemption:

A. Name and Address of t he Petitioner.

The name and address of the Petitioner and point of contact is:

Michael J. Erickson President, Drone Co

- Habitation Services (DCS) President, Aviation Management Inc., LLC (AMI) 2110 Raven Tower Court #301, Herndon, Virginia 20170

Tel: 571

- 216

- 3245

E

- Mail: me98@yahoo.com

B. The Spec ific Sections Of 14 C.F.R. From Which DCS Seeks Exemption.

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 Aeryon SkyRan g er unmanned aircraft system (UAS), or other suitably

- comparable and safety

- equipped Drones from the FAA Approved List of Drones, to conduct NIGHTIME operations which may include 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, over ce rtain other areas of the United States.

1. DC S Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or pro perty for compensation or hire.42

As part of our Aviation Training & Consulting Business, we Request Relief from Statutes pertaining to the need for Pilots

- in

- Command as pertains to Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption. However, we propose that such training operations will only be

conducted durin g dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance wi th 14 CFR § 91.119 if required.

2. DCS Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. DCS Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising al titude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the ele vation of the departure airport or an appropriate altimeter setting available before departure.

4. DCS Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) the re is enough fuel to fly to the first point of intended landing and, assuming normal cr uising speed, to fly after that for at least 20 minutes.

5. DCS Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Sha ll have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. DCS Seeks Exemption F rom The Requirements Of Section 91.407(a)(1)43

Section 91.407, entitled Operation after maint enance, preventive maintenance, rebuilding, or

alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that ha s undergone maintenance, preventive maintenance, rebuilding, or alteration unless

--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. DCS Seeks Exemption Fr om The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. DCS Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of

this section: (1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Adm inistrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the

aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller,

and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the ai rcraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are mainta ined. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety44 directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

C. The Extent Of Relief DCS And The Reason DCS Seeks The Relief.

These UAVs may include platforms with fully redundant flight control and flight recorder; etc. This will be pursuan t to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DCS to operate one or more types of Unmanned Aircraft Vehicles (UAVs) for the commercial purpose

.

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 Authorization (COAs) to create new UAV systems, developing flight operations, and standardizing procedures that will move UAV activi ty into human daily life. Application of UAVs will span an expansive range of purposes, including permanent & semi

- permanent structural inspection, closed

- set filming & entertainment, 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, etc.

1. Extent Of Relief: DCS Seeks And The Reason DCS Seeks Relief From Section 61.113(a) And (b).

However, for DAYTIME

- ONLY sUAS operations, we ask that FAA consider our expert aviation credentials within the ATC field, in allowing our company to become a ‘Pioneer’ for lesser pilot certification level.

One of the main concerns of the FAA with regard to sUAS operations within the National Airspace System

- NAS is that there are insufficient Trained & Certified sUAS Pilots to handle the onslaught of planned Commercial UAS b usiness. Thus, the current Airmen Certificate requirements by FAA inherently causes a bottleneck and encourages these other sUAS Operators to disregard the FAA Regulations and fly with less than the required Training & Certification.

This causes nationwide safety of flight issues.45

Therefore, after considering all aviation safety issues, we feel that for our daylight sUAS operations this requirement for an ‘Airman Certificate’ could and should be relaxed by the FAA to include those individuals (PICs) that ‘ complete an FAA

- approved course of Aviation Study equivalent to Airmen’s Certificate Training’. In such case, to meet this minimum Requirement

for 49 USC § 44711, we ask FAA to Grant Exemption to our company to use PICS who have passed a course of Instruct ion to prepare them to become an FAA Certified Air Traffic

Controller

- ATC (Control Tower and/or Radar ATC), which is a lso an ‘Airman Certificate’

. This course of Instruction could come from Military ATC Academy, or from FAA’s MMAC ATC Academy, or from the FAA

- Approved Collegiate Training Initiative

- CTI Programs. This Exemption alone would open the sUAS industry up to thousands of new PICs with FAA

Certification as Airmen. The FAA has already established and validated that FAA Certification (with or without ATC Position Qualifications) establishes minimum Curriculum for aviation safety at these FAA

- Approved training Academies , that is equivalent to use

- cases such as Commercial sUAS Operations.

Further, allowing DCS to staff PICs with Graduates from FAA

- Appro ved ATC or Aeronautical (CTI) Universities and Schools as noted above ...with an added component for sUAS Operator Practical Application Checkout...would greatly expand the sourcing pool of qualified sUAS Drone Pilots. Thus, the goals of 49 USC would be achieve d, with aviators having the equivalent to that required for Airmen’s Certificates, and equivalent education and training to that of Sport Utility Licenses. DCS asks for this ‘Pioneer’ Training Exemption as pertains to Daytime

- Only operations . For nighttime

- only operations, we would comply with the FAA Requirements for those nighttime activities.

If FAA does not approve this Training & Certification portion of our Petition for Exemption, then we will comply with current FAA Airman Certification req uirements, plus Screening by the Department of Homeland Security (DHS). In accordance with previous Exemptions, DCS asks for FAA Grant of relief from §§ 61.101(e)(4) and (5), and 61.113(a), to allow a PIC holding a private pilot certificate to operate a U AS for compensation and hire, subject to conditions specified by FAA that may be expanded from our original Exemption Grant. Our PIC will also hold either a medical certificate issued under 14 CFR part 67 or a U.S. issued driver’s license as previously det ermined in our original Exemption. The PIC must also comply with 14 CFR § 61.53, Prohibition on operations during medical deficiency (similar to what FAA Granted under Exemption No. 11213 for Medical certificates: Requirement and duration § 61.23(a) and § 61.23(c)).

Training & Certification For NIGHTTIME

- only sUAS operations,

DCS understands that Night Flying is very different from day flying because human vision at night is not as receptive as it is during the day. We are very familiar with the FAA processes and procedures to ensure the safety of aircraft operations conducted at night. Pilots operating at night must be trained and tested to ensure they have the basic knowledge required to operate safely at night. The FAA has already compared the training and testing requirements of the commercial and private certificates to the recreational and sport pilot certificates to determine how they differed on operations between sunset and sunrise for holders of a recreational pilot certificate or46

night operations for holders of a sport pilot certificate. The FAA has already determined that there are additional training and testing requirements at the private pilot level that are not required for holders of a recreational pilot certificate or a sport pilot certificate. For example, training for private pilots includes principles of night vision and night visual illusions, which provides training on human night vision limitations and how to adapt to them and potential confusion and concerns of night illusions. Additionally, private pilots are trained to understand the airplane and airport equipment and lighting, which are necessary for basic operation at night. Holders of a sport pilot certificate do not receive this training and are therefore not permitted to operate aircraft at night.

Though the FAA does not approve UAS training programs such as DCS night training program or its criteria, it does recognize that the training, mitigates the risks of night operations because it requires the PIC to accumulate nighttime operating skills, knowledge, and experience of unmanned aircraft prior to conducting commercial operations.

Therefore, for night time operations, we will ensure that our PICs hold an airline transport, commercial, or private pilot certificate that allows night operations. With this guarantee, we ask the FAA to grant relief from 14 CFR § 61.113(a) to allow a PIC holding a private pilot certificate to operate a UAS for compensation and hire subject to the conditions and limitations noted

herein.

DCS understands that the FAA medical certification process has tests to determine the ability to perceive colors necessary for the safe performance of airman duties. For example, red, green, and white colors are used to indicate the direction and position of flight of manned aircraft. Under this exemption, we propose that our PICs operating at night will be able to discern colors to determine the motion of lighted manned aircraft and interpret the relative position of manned aircraft and their direction and motion. This ability to perceive certain colors and have the training to understand t he meaning of these colors is necessary for night operations of UAS.

We noted that the FAA already considered medical certificate requirements for a VO

- visual observer. As in Exemption No. 11213, the FAA determined that thi s is not necessary (subject to

c onditions & limitations). We will not operate our UA beyond the actual visual capabilities of the VO, and the VO, any student manipulating the controls, and the PIC must have the ability to

maintain VLOS with the UA at all times. We understand that it is t he responsibility of the PIC to be aware of the VO’s visual limitations and limit operations of the UA to distances within the visual capabilities of both the PIC and VO.

To ensure safety, we will provide additional Training, Proficiency, and Experience

- b uilding to safely operate the UAS in a manner consistent with the proposed night operations. DCS requires comprehensive training of its PICs, including flight instruction and ground school. Under DCS’ proposed operating limitations, a PIC must also accumul ate nighttime operating experience. Our SOP, flight instruction, and ground school syllabi will include nighttime experience training requirements, nighttime procedures, night adaptation physiology, and positioning of supplemental lighting. DCS believes th at the comprehensive daytime and nighttime operations training further mitigates the potential at nighttime operating risks to achieve an equivalent or greater level of safety as daytime operations.47

However, if FAA does not revise the Regulations as we r equest herein, DCS proposes under this grant of exemption, that our PICs will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. Our PICs will also hold a current FAA airman medical

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. Our PICs will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Thus, Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has

met certain flight

- hour and currency requirements, to conduct the proposed UA V flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC 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 pa ssengers or property for compensation or hire.

As set forth more fully below, DCS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the UAVs unless that PIC has met certain flight

- hour and currency req uirements, demonstrating that the PIC is able to safely operate either the UAVs in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distance s from people, vessels, vehicles and structures.

Further, DCS submits that all flights of the UAVs, conducted by the PIC pursuant to the grant of

this Petition: (1) will be incidental to DCS’ business; and (2) will not carry passengers or property for com pensation or hire.

2. Extent Of Relief DCS Seeks And The Reason DCS Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow DCS to determine that the UAVs are in airworthy condition prior to every flight by ensuring that the UAVs are in complianc e with the operating documents (i.e., the DCS

Ae rial Operations Manual, Monthly Mai ntenance Log, and Instruction Manual s ).

DCS seeks the requested relief because the UAVs do not require an airworthiness certificate in

accordance with 14 C.F.R. Part 2 1, Subpart H. Therefore, DCS will ensure that the UAVs are in airworthy condition based upon its compliance with the operating docum ents (i.e., Monthly

Maintenance Log, and Inst ruction Manuals ) prior to every flight, and further, det ermine that the

aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief DCS Seeks And The Reason DCS seeks Relief From Section 91.121.48

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the UAVs , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link t o downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UA V operations be reported to ai r traffic control (ATC) in feet above ground level (AGL), DCS seeks t he requested relief because the UAV altimeter s may be set on the ground to

zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Further, in many of our anticipated UAV Trials, within the depths of the Surface Mines, the Altimeters will actually rea d ‘Negative Altitudes’ as they fly below normal ground/surface levels of the land surrounding the Mines.

Considering the limited altitude of the proposed operations, reli ef from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions a nd limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the UAVs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pres sure setting will be es tablished prior to each flight, and provides the PIC

with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief DCS Seeks And The Reason DCS Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements f or flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UAVs during daylight hours in visual meteorological conditions ( VMC), under visual flight rules (VFR), for a tota l

duration of approximately 25

- minutes or less. DCS seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered UAVs will severely constrain the practicality of any aerial technology testi ng, UAV platform trials, or even video or still phot o flight operations that DCS proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the UAVs, the operating documents, and DCS proposed operatin g limitations, ensure that DCS will safely operate the battery powered UAVs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately

25

- minutes or less.

5. Extent Of Relief DCS Seeks And The Reason DCS Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), an d 91.417(a) & (b) only apply to

aircraft with an airworthiness cer tificate, DCS requests relief from these Sections because our UAVs do not require air worthiness certificates. As set forth more fully below, our UAVs meet
the con ditions of FMRA Section 333 for operation without an airwort hiness certificate.

Accordingly, DCS will use trained technicians to perform maintenance, alterations, o r preventive

maintenance on the UAVs using the methods, techniques, and practices prescribed in the UAV operating document s (i.e., the DCS Aerial Oper ations M anual, Monthly Maintenance Log, and49

Instruction Manual s ). Furthermore, DCS will document and maintain all maintenance records for

the UAVs.

D. The Reasons Why Granting DCS Request Would Be In The Public Interest; That Is,

How It Would Benefit The Public As A Whole.

The whole purpose of DCS planned usage of UAVs is to generate community economic benefit through the retraining of personnel that might become redundant in legacy industrial sectors...and to facilitate the Goals and Objectives of FAA’s pl anned incremental, safe, and methodical encroachment of UAVs into the National Airspace System.

Our Request would provide public benefit in advancement of:

 Industry “best standards and practices” for UAS safety and flight operations.

 Reinforce public opinion on the positive impact of UAS technology and as a result furthering the economic viability of the industry.

 Further a rapidly evolving art form.

 Increase the overall quality of lower budget UAV technologies, thus advancing commercial opportunities for smaller businesses that cannot meet the financial and insurance requirements of renting helicopters or fixed wing aircraft.

 Create jobs and contribute to economic growth in an economy and markets that desperately need them.

 Positive environmental impac t through a reduction in carbon emissions.

 Reduce the dangers of using significantly larger aircraft carrying highly combustible

fuels and as a result save lives.

Granting the present Petition will further the public inter est by allowing DCS to safely,

ef ficiently, and economically perform such UAV

- based R&D efforts with the communities and states where these operations will be conducted. It will allow DCS to safely explore and expand the potential applications of UAVs towards small private, commercial bus iness operations such as mining operations, aerial video and photography of construction sites, real estate, events and civic landscape , closed

- set movie and television filming & photography over certain areas of the

United States.

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 Authorization (COAs) to create new UAV systems, developing flight operations, and standardizing procedures that will move UAV activity into human daily life. Application of UAVs will span an expansive range of purposes, including agriculture, traffic monitoring, environmental monitoring, search/rescue operations, customs payload sca nning, immigration enforcement, pipeline/power lines monitoring, firefighting service, sport casting, cellular networking, meteorological services/research, fisheries monitoring, law enforcement, and

entertainment.

Use of sUAS technology to obtain imagery , information and data currently obtained by use of manned flight or manual methods reduces statistical risk to human life due to manned aircraft50

accidents (e.g., infrastructure inspections) and due to other dangerous activities that can be avoided (e.g., scaffolding/rigging failures during stack or bridge inspections).

Additionally, use of the UAVs will decreas e congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Not ably, the benefits DCS proposes by use of these

UAV s will be realized without implicating any privacy issues.

1. Initial Concept s of UAV Usage

See above

- noted Use

- Cases

The Public Will Benefit From Decreased Congestion Of The NAS.

Our planned UAVs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of UAV

Drones such as ours wo uld reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The UAVs which we will initially utilize do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions woul d result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of UAV

- Drones.

Conducting aerial acq uisitions with our UAVs , i nstead of manned aircraft, will greatly benefit the public by drastically reducing the levels of ai r and noise pollution generated during traditional aerial video and still photography flight ope rations. By using battery power and electric motors, the UAVs produce no air po llution, and is the most viable environmentally conscious alternative to the cabin class, six

- cylinder internal combustion engine aircraft that are typically utilized for aerial video and photograp hy, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The UAVs , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA Vs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the UAVs to perform aerial acquisitions, t he substantial risk to life and property in the air and on the ground, which is usually associated w ith traditional manned aircraft flight operations, will be substantially reduced or completely eli minated. Aside from the lack of flight crew members located onboard the aircraft, our UAVs have less physical potential fo r collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operation s (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).51

3. Performing UAV

- based commercial operations Will Benefit The Economy.

In addition to being safe and efficient, the UAVs are also economical alternative s to using manned aircraft to conduct similar aerial op erations. As such, operation of the UAVs will allow

United States base d companies, like DCS , to remain competitive and c ontribute to growth of the

U .S. economy. Specifically, with the rising cost of aviation fuel and the Environmental

Prote ction Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated c ompanies must adopt new and alternat ive technology in order to remain competitive. Op erating the battery powered UAVs are one such technology that not only allows companies greater operation al flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the UAVs, companies such as DCS , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the UAVs, provides a more stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in

research an d development in order to remain competitive both in the United States and abroad.

We will also benefit the Communities (and the Federal Government) by helping to standardize the UAV Training Curriculum within the private sector by using this Section

- 333 Exemption to generate professional UAV Training such as:

• Online and/or Internet

- based Courses: Curriculum Development; Course Testing;

• In

- Person Training (On

- Site; Off

- Site);

• Ground and Flight School class: designed to teach safe operation of multi

- rotor UAVs. Will aid in obtaining insurance for practitioner. Builds on those skill

- sets for those wanting to bring their potential to full fruition in the Mining industry (e.g. as a professional operator in the commercial sector.)”

• UA V Foundation Course

• U A V Mai ntenance Training Course

• Law Enforcement Tactical Operations Course

• UA V Advanced Course

• Imagery Analysis Training Course

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted 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 pro perty 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.

E. The Reasons Why Granting The Exemption Would Not Adversel y Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided52

By The Rule From Which DCS Seeks Exemption.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented i n our petition. In Grants of Exemption Nos. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

The FAA is familiar with and has already determined that these commercial off

- the

- shelf

vehicles sele cted meet the requirements of Section 333 of the Reform Act due to their weight,

spee d and operational capabilities.

1. Reasons Why The UAVs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

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

unmanned aircr aft and its operation, DCS operation of the UAVs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAV to operate without airworthiness certification and sets forth requirements for considering whether a UAV will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall

deter mine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance requi red by section 334 of this Act. (b) (b) Assessment of Unmanned Ai rcraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or ai rworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section t hat certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.53

In seeking this exemption, DCS submits that our UAVs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the UAVs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Demonstrate Its Safe Characteristics.

The UAVs we intend to use do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications of the UAVs: The technical specifications of the UAVs are set forth by the User Manuals.

ii. The UAVs Global Positioning Modes Enable The UAV To Remain Within A Defined Operational Area.

The UAVs we will utilize may be operat ed in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the UAVs are common knowledge, and available within the User Manuals.

iii. The UAVs we intend to use are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the UAVs will remain stationary, in flight, for 3 seconds or more. If, after that time, the UAV does not reacquire control link data from the GCS, the UAV will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the UAVs are set forth in their respective

User Manuals.

iv. The UAVs and their Operation.

A complete description of the operation and specifications of the UAV GCS and flight control software is available in their respective User Manuals, and available on the Internet.

b. Flight Operations Of our UAVs will be Limited To The Line Of Sight within the National Airspace System

- NAS Of A Certificated Pilot in Command With A Safety
Observer.

The DCS Surveillance and/or video production staff will initially be the only persons to act as a pilot in command (PIC) of our UAVs. In future, we will attempt to train and certify other students in the correct, and safe, operation of the UAV

- Drones in accordance with factory training guidelines and FAA Regulations as part of our UAV and A viation Consulting Support

activities . Additionally, a safety observer will assist them at all times during flight time.54

As part of our Aviation Training & Consulting Business, we Request Relief from Statutes pertaining to the need for Pilots

- in

- Command a s pertains to Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption. However, we propose that such training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations are considered nonpartici pants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.11 9 if required.

c. Flights Of our UAV

- Drones Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, DCS proposes to commercially operate ou r UAVs for the special

purpose as noted in above Use

- Cases over certain areas of United States, pursuant to the following specific opera ting limitations as noted above and below:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotor craft UA V weighing less than 55 pounds maximum gross weight. Proposed operations of any other aircraft will require a new petition or a petition to amen d this grant.

2. UA V operations under this exemption will be limited to conducting operations for the

purpose specified in the Executive Summary.

3. The UA V may not be flown at an indicated airspeed exceeding 87

- knots (100

- mph): We will not normally exceed 20 knots.

4. The UA V must be operated at an altitude of no more than 400

- feet above ground level (AGL), as indicated by the procedures specified in t he operating documents unless a special request is made and approved by ATC. All al titudes reported to ATC must be in feet AGL.

5. The UA V must be operated within visual line of sight (VLOS) of the PIC at all times

, while in the National Airspace System

- NAS . This requires the PIC to be able to use hum an vision unaided by any device other than corrective lenses , as specified on the PIC’s FAA

- issued

airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO) . The SO may be used to satisfy the

VLOS requirement as long as the PIC always ma intains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. Th e PIC must be designated before the flight and c annot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the

functi ons prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoi ding other air traffic and other ground based ob stacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UA V operations and made available to the A d ministrator upon request. If a discrepancy exists between

the conditions and limita tions contained in the grant of exemption and the procedures outlined in55

the operating documents, the conditions and limitations contained in the grant of exemption take

pr ecedence and must be followed.

Otherwise, the operator must follow the procedur es as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present up da ted and revised documents to the Administrator upon request. The ope rator must also present updated and revised documents if it petitions for extensi on or amendment to the grant of exemption. If the operator determines that any update or revision

would a ff ect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding update s or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UA V to ensure that it is in a condition for safe flight. If the inspection reveals a condition tha t affects the safe operation of the UAV , the aircraft is prohibited from operating until the neces sary maintenance has been performed and the

UA V is found to be in a condit ion for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the

aircraft records

. 11. Any UAV that has undergone maintenance or alterations that affect the UA V operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who cond ucts the functional test flight mus t make an entry in the

aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating

documents. 13. The operator must follow the UA V manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operat ing docu ments. Maintenance, inspection, alterations, and status of replacement/overhaul compo nent parts must be noted in the aircraft records, including total time in service, de scription of work accomplished, and the signature of the authorized person ret urning the UA V to service.

15. Each UA V operated under this exemption must comply with all manufacturer Safety

Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered be tween inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demon strates th e ability to safely operate the UA V in a manner

consistent with how the UA V will b e operated under the exemption, including evasive and emergency maneuvers and ma intaining appropriate distances from persons, vessels, vehicles and

structures. PIC qualifi cation flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51( b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption.56

However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- bu ilding flights, all persons not essential for flight operations are considered no nparticipants, and the PIC must operate the UA V with appropriate distance from nonparticipants in a ccordance with 14 C.F.R. § 91.119.

19. This Petition IS for Exemption to fly our UA V operations during night time , as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual mete orological conditions (VMC). If flight at night is required, a special request will be made at the FAA office

closest to proposed area of operations. Flights under special vis ual flight rules (SVFR) are not

authorized.

20. The UA V may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical cha rt unless a letter of agreement with that airport’s management is obtained, an d the operation is conducted in accordance with a NOTAM as required by th e operator’s COA. The letter of agreement with the airport managem ent must be

made available to the Ad ministrator upon request.
21. The UA V may not be operated less t han 4 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA V loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating a rea and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted o bstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing

po int and land the UA V with 25% battery power remaining. 25. The operator has already obtained an FAA nationwide COA. However, the operator

must also obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conduc ting an y operations within an Airport Control Zone or other ATC Assigned Airspaces under the grant of exemption. This COA will also require the operato r to request a Notice to Airman (N OTAM) not more than 72 hours in advance, but not less than 48 hours pri or to the operation. All operations shall be conducted in accord ance with airspace requirements in the ATO issued COA including class of airspac e, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemp tion must be identified by serial number, registered in accordance with 14 C.F.R. part 47, an d have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Ma rkings must be as large as practicable. 27. Before conducting operatio ns, the radio frequency spectrum used for operation and

control of the UA V must comply with the Fe deral Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to
the PIC at the Ground Control Station of the UA V any time the UAV is operating. These

documents must be made available to the Administrator or any law enforcement official upon
request.
29. The UA V must remain clear and yield th e right of way to all manned aviation operations and activities at all times.57

30. The UA V may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles,

and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA V and/or debris in the eve nt of an accident. The operator must ensure that nonparticipating persons rem ain under such protection. If a situation arises where nonparticipating person s leave such protection and are within 500 feet of the UA V

, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or st ructures has granted permission and the PIC has made a safety assessment of the r isk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or co ntrolled

- access property with permission from the land owner/controller or author ized representative. Permission from land owner/controller or authorized represent ative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents mus t be reported to the National Transportatio n Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

DCS submits that the equivalent level o f safety establi shed by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAVs unless that PIC has demonstrated, by meeting m inimum flight

- hour and currency requirements, that the PIC is able to safely operate the UAVs in a manner consistent with the exemption, including evasive and

emer gency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering DCS’ proposed area o f operations, and the operating limitations set forth

- above; the parallel nature of priva te pilot aeronautical knowledge requirements to those of commercial pilot requirements (Se e Exemption No. 11062); and the airmanship skills necessary to safely operate

the UAVs we have selected, DCS submits that the additional manne d airmansh ip experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for DCS’ specific proposed flight operations.

The FAA has previously granted relief from Section 61.113 (a) and (b) specific to UA Vs , in

cir cumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 16341, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 111 10, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).58

The FAA is familiar w ith and has already determined that these commercial off

- the

- shelf vehicles selected meet the requirements of Section 333 of the Reform Act due to their weight, speed an d operational capabilities.

DCS will not allow any PIC to operate the UAVs unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the UAV training and currency requirements, that the PIC

is able to s afely operate the UAV in a manner consistent with this exemption, including evasive and emergency maneuvers and maint aining appropriate distances from people, vessels, vehicles

and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), flight time requirements.

As part of our Aviation Training & Consulting Business, we Request Relief from Statutes pertaining to the need for Pilots

- in

- Command as pertains to Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to saf

ely operate the UAS in a manner consistent with how the UAS will be operated under this exemption. However, we propose that such training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

bui lding flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119 if required. We assume that our use of Nano

- UAV s and Micro

- UAVs may broaden this such that nonparticipants may be in the area of our UAV flight operations.

As in Exemption Nos. 11062, 11138, and 11153, prior docume nted flight experience that was obtained in compliance with applicable regulations will ensur e an equivalen t level of safety during DCS’ proposed operations. The Administrator has held that prior documented flight experience that was obtained in complia nce with applicable regulations would ensure safe operations, stating as follows:

In Exemp tion No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations) , the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51( b), 25 hours of total time as a UA V r otorcraft pilot including at least 10 hours logged as a UA V pilot with a multi

- rotor UA V. Prior to operations under Exemption No . 11062, the PIC must also have accumulated and logged a

minimum of 5 hours as a UA V pilot operating the same make model of UA V to be used for operations under the ex emption. For clarification, the FAA considers these minimum hour requirements to be inclu sive rather than additive; i.e. 5 hours make and model time may be

included in the 10 ho urs of multi

- rotor time and the 10 hours may be included in the total 25

hours of UA V roto rcraft time. In addition to the hour requirements, the PIC must accomplish 3

takeoffs a nd landings in the preceding 90 days (for currency purposes). The FAA finds tha t at a minimum, the flight

- hour requirem ents in Exemption No. 11062 are appropriate to pr actice and build proficiency in the skills necessary to safely conduct the petitioner’s pr oposed operations.

The FAA also finds that prior documented flight experience that was obtained in compliance

with ap plicable regulations would satisfy this requirem ent. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish59

the required flight time. During training, profi ciency, and experience

- building flights the PIC is required to operate the UA with appr opriate distances in accordance with 14 C.F.R 91.119.

Accordingly, DCS will ensure safe operations by not allowing any PI C to operate our UAVs

unless that PIC has d emonstrated, by meeting minimum flig ht

- hour and currency requirements,

that the PIC is able to s afely operate the UAV in a manner consistent with the exemption, including evasive and eme rgency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, DCS will ensure that the UAVs are maintain ed an airworthy condition based upon

the UAV ’s compliance with its operating documents and as stated in the conditions and

limitations herein.

Additionally, the FAA has previously granted relief from Sect ion 91.7(a) specific to UAV , in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 16341, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 111 10, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

The FAA is familiar with and has already determined that these commercial off

- the

- shelf vehicles selected meet the requirements of Section 333 of the Reform Act due to their weight,

spe ed and operational capabilities.

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the UAVs we propose to use will be provid ed to the PIC via GPS equipment and a radio communicatio ns telemetry data link, which downl inks from the UAV to

the GCS for active monitoring of the flight path and altitude. This altitude information, combined

with DCS ope ration of our UAVs within visual line of sight while in the National Airspace System

- NAS, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section

91.121. The altitude information will be generated by GPS equipment installed onbo ard the

aircraft. Prior to each flight, a zero altitude initiation point is automatically estab lished by the

UA V at ground level.

The FAA has previously granted relief from Section 91.121 specific to UA V , in circumstan ces similar, in all material respects, to those presented herein (e.g. Exemption Nos. 16341, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 111 38, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.60

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the UAV ; (2) the limitations on the proposed flight operations; and (3) the location of the p roposed flight operations. Accordingly, DCS will ensure that it will safely operate the battery powered UAVs during daylight hours in VFR con ditions, with enough battery power to fly for a total duration of 23

minutes.

Here, as in Exemption No. 11109, the technical specifications of the UAVs we will use; the limitations on the proposed flight operations; and the location of the proposed operat ions, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety wil l be ensured as the UA Vs provide audible and visual warnings to the PIC at the GCS

when the UA V experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at appr oximately 10% remaining battery powe r. At the critically low battery level, the UAV will descend and land automatically.

Significantly, previous exemptions granted by the FAA concernin g Section 91.151 establish that safety is not adversely affected when the technical characteristics and ope rating limitations of the

UA V are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief fro m Sec tion 91.151 specific to UAV, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 16341, 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 110 66, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption Fr om The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.4 17(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, DCS submi ts that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements esta blished by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b) will be met because DCS will use trained technicians to pe rform maintenance, alterations, or preventive maintenance on the UA V using the methods, techn iques, and practices prescribed in the operating documents (i.e., the

DCS Aerial Operations Manual, Monthly Maintenance Log, and UAV Instruction Manual s ). Furthermore, DCS will document and maintain all maintenance records for the UAVs we
operate.

Since the UAVs will be inspected as prescribed by the operating documents, DCS will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the UAV User Manuals can be found at the Internet hyperlinks . We have already provide d an e

- copy of our sample UAV Maintenance Log in previous Petition for Exemption.

Likewise, the exemption sought will not advers ely affect safety because DCS will use trained technicians to perform maintenance, alterations or preventive maintenance on the UA Vs using the methods, techniques, and practices prescribed by the operating documents.61

Furthermore, the exemption sought woul d maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UAVs will be performed by trained technicians. Maintenance wi ll be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establi sh that safety is not adversely affected when the technical characteristics and operating limitations of the UA Vs are considered.

In consideration of DCS’ proposed opera ting limitations, the operating documents, and the technical aspects of the UAVs we intend to use

, DCS submits that safety will not be adversely affected by granting exemp tion from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UA Vs in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 16341, 11062, 11063, 110 64, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 111 56, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FA A Modernizatio n and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, DCS requests that the FAA prescribe special conditions for the intended oper ation of our UAVs, which contain such safety standards that the

Administrator finds ne cessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpa rt H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.40 9(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAVs for the limited purpose as noted herein over certain areas of

the United States for compensation or hire. FMRA Section 333 sets forth the requirements for

considerin g whether a UA V will create a hazard to u sers of the NAS or the public, or othe rwise pose a threat to national security; and further, provides the authority for such UA Vs t o operate
without airworthiness certification in accordance with any requirements that must be est ablished for the safe opera tion of the UA V in the NAS.

Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the UAVs , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety stand ards, due to the novel or u nusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety stand ards for an aircraft , aircraft engine, or propeller because of a novel or unusual design feature of the aircraft , aircraft engine or propeller, he prescribes special

conditions and amendments thereto for t he product. The special conditions are issued in

ac cordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propelle r as the FAA finds necessary to establish a level of safety equivalent to that

establish ed in the regulations. See 14 C.F.R. § 21.16.62

Ther efore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for UAVs, which contain such safety standards that the

Administrator finds ne cessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, S ubpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

SUMMARY: A S ummary That Can Be Published In The Federal Register, stating: The

Rules From Which DCS Seeks Exemption:

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) for NIGHTTIME sUAS Operations . The exemption would allow the petitioner to operate the Aeryon SkyRan g er unmanned aircraft system (UAS), or other suitably

- comparable and safety

- equipped Drones from the FAA Approved List of Drones, to conduct NIGHTIME operations which may include 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

, over certain other areas of the United States.

A Brief Description Of The Nature Of The Exemption DCS Seeks:

This exemption will permit DCS to operate one or more types of Unmanned Aircraft Vehicles (UAVs) , during Daytime or Nighttime Operations for the commercial and R&D purposes.

ADDITIONAL INFO: Any Additional Information, Views, Or Argument s Available To Support DCS Request

This Petition is made pursuant to the FAA Moder nization and Reform Act of 2012 (FMRA) Section 333, which directs the Secret ary of Transportat ion to determine if certain UAVs may operate safely in the NAS . As such, DCS request for exemption may be granted pursuant to the authority of FMRA Section 33 3 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UA Vs will create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national security; and further, provides the authority for such UA Vs to operate without airworthiness certification.

As discussed in detail above, DCS will operate the sUAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, DCS seeks an ex emption pursuant to 1 4 C.F.R. § 11.61 and Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of63

our UAVs commerc ially, without an airworthiness certificate, for the limited purpose of conducting UAV technology Research & Development (R&D), Platform and System Testing & Trials, generating Community Econ omic Benefit, conducting aerial surveillance or video/photography of surface mining sites, construction sites, residential and commercial real estate, civil landscapes and ev ents , closed

- set movie and picture filming and photography, etc.
over certain areas of the United States

.

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 Exempti on 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. Application of UAVs will span an expansive range of purposes, inc luding agriculture, traffic monitoring, environmental monitoring, search/rescue operations, customs payload scanning, immigration enforcement, pipeline/power lines monitoring, firefighting service, sport casting, cellular networking, meteorological service s/research, fisheries monitoring, law enforcement, and

entertainment.

By granting this Petition, the FAA Administrator will be fulfilling th e Congressional mandate of

the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing DCS to safely, efficiently, and economically operate our UAVs commercially within the NAS.

WHEREFORE , in accordance with the Federal A viation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, DCS respectfully r equests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.1 51(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit DCS to operate these UAVs during Daytime or Nighttime Operations.64

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 Authorization (COAs) to create new UAV systems, developing flight operations, and standardizing procedures that will move UAV activity into human daily life.

Respectfully submitted,

Michael J. Erickson

Pres i dent, Drone Co

- Habitation Services (DCS) President, Aviation Management Inc., LLC (AMI) 2110 Raven Tower Court #301, Herndon, VA 20170

Tel: 571

- 216

- 3245

E

- Mail: me98@yahoo.com