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U.S. Department of Transportation 

Docket Management System 

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

Washington, DC 20590 

RE: Docket ID: _____________________ 

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

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

Federal Aviation Regulations (Tracking ID Number: _____________)

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

knowledge for the science and art of UAVs. Our Operators, staff, and students of our consulting 

will use our Exemption and Certificates of Waiver or Authorization (COAs) to create new UAV 

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

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

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

structure inspections, agriculture, traffic monitoring, environmental monitoring, search/rescue 
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operations, customs payload scanning, immigration enforcement, pipeline/power lines 

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

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

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

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

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

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

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

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

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

(100-miles per hour).

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

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

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

Exemption to include sUAS Nighttime Operations.

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 SkyRanger 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.

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 thermographic 

cameras, 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 issues. 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 working from scaffolding or cranes. We feel that high 

resolution video cameras 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 models of the structures 

in 2D and 3D and 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.
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Similar to the FAA-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 

Exemption 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 Exemption, and which contains (at 

least) these items:

a. Operator name, address, and telephone number.

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

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

and limitations in this exemption.

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

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

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

conditions and limitations of the exemption.

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

of a written plan of activities.

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

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

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

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

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

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

any other reason, in the interest of safety.

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

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

procedures, and safeguards to be followed during the operation.

h. Personnel directly participating in the safe operation of the UAS Minimum 

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

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

required to meet the certification standards specified in this exemption. 

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

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

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

the operation. 

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

and reporting of accidents in accordance with this exemption. 

We will notify the FAA Flight Standards District Office (FSDO) at least 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 all flights. For seasonal or long-term operations, this can include 

the beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every 
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weekend, etc.), and what times of the day operations will occur. A new plan of activities must be 

submitted prior to each season or period of operations. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Operation and Certification of Small [UAS]).

The FAA has previously Granted Exemption to 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-Collision 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-Collision 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 suitablyequipped 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 design 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 UAS, position lighting would not enhance the safety of 

the operation. With the other risk mitigations established in our Petition, we ask for a grant of 
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relief from 14 CFR § 91.209(a)(1) for not only the Aeryon SkyRanger, but also any other 

similarly-equipped 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 and 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 anticollision light visible for at least three statute miles.

The Aeryon SkyRanger UAS is already equipped (as it comes from the factory) with anticollision lights visible from 5,000 feet. We propose that any similarly-equipped FAA-Approved 

List of sUAS 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 fly the UAS within 100-feet of such permanent or semipermanent structures or Closed-Set filming Temporary structures...a key factor in risk reduction 

derived from 14 CFR § 91.119 (prohibiting 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 manned 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 

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

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

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

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

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

In support of previous, similar Petitions, the Small 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 that 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, petitioners 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 and 
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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). 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 granted 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 of the FAA’s recent 

sUAS Notice of Proposed Rulemaking (“NPRM”)(15Feb2015), DCS believes that the operating 

conditions set forth in our original Exemption Request, as well as this Request for Modification, 

constitute “reasonable mitigation” for nighttime operations that would ensure that DCS 

maintains an equivalent level of safety and requests that the FAA consider such mitigation to 

grant DCS’ Exemption Request and permit DCS’ nighttime flights. The information below is 

intended to amend and supplement DCS’ Exemption 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 shares 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 the 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 

onto our DJI-manufactured Phantom-3 Professional Drones. We are undergoing complete 

Airworthiness & Flight Safety Review Board (AFSRB) for our planned NASA-UTM Trials in 

October 2016. Thus, we fully understand what is necessary for Risk Identification & Mitigation.
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These UAT equipment can be received and interrogated by ground systems such as Harrisprovided Automatic 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 

Platforms. 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.
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It is not currently possible to install UAT Transceivers on all FAA-Approved sUAS (because 

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

to fly more/wider-selection of sUAS (than only the Aeryon SkyRanger) during Nighttime 

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

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 assessment 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 Structural 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).
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 Except with those who are operating the UA, we will only operate 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 nonparticipating 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 building 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 restricted 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 operations near people, we will have an Operations Manual 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 

initiating 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 surface if a power unit fails. 

 Although we will operate below 500-feet, we ask FAA to grant relief from § 91.119(c). 
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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-made) 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 the 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 and 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 diffuse 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 

operations.

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 SkyRanger (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 distance 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 require 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 audibly 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. However, 

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.
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Our sUAS will also be operating 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 suitablyequipped & comparable sUAS from FAA’s Approved List) – will be equipped and will operate 

with lighting for the identification of the sUAS’ location. In addition, airspace 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 footprint with controlled access and barriers/protection for 

nonparticipating persons. The operating area will be illuminated so that the operator and VO can 

see any persons on the ground. If there is an incursion, the flight must terminate immediately 

with the operator able to determine that the sUAS can land safely, having the ability 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 supplemental 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 degrade 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 operation 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. In 

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 

Customers, 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, which increases the risks to 

personnel physically inspecting roofs and walls near rooftop perimeters or on scaffolding in
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darkness. Using the SkyRanger for nighttime infrared inspections greatly enhances safety to the 

personnel performing the nighttime inspections.

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 nighttime hours at low altitudes 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 mitigating 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 and 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)
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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 GRANTING 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

ATTACHMENTS.....................................................................................61
19

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 System

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
20

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 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 approved 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.

Drone Co-Habitation Services (DCS), seeks 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), 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 PETITIONER

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

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

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

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

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

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

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

Courses, he also graduated from USAF and Army Aviation Command & Staff Courses. Mr. 
22

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

DCS and AMI are retired or former ATC Controllers or Aviator Pilots.

Mr. Erickson and AMI have conducted FAA-based NextGeneration CNS/ATM Master Planning 

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

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

Studies and Implementation Planning consultations have been performed in Philippines; 

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

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

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

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

Navigational Aids; etc.

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

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

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

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

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

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

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

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

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

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

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

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

matters of FAA Airport and ATC Procedures.

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

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

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

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

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

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

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

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

UAV Traffic Management (UTM) Program.

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

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

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

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

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

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

Private) UAV Centers of Excellence (COE) to accomplish this UAV consulting support.
23

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 UAS activity into human daily life. Application of UAS 

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

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

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

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

entertainment.

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 pre-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 Operations 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 jurisdiction 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.

Unique 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 could 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 other 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 Traffic 
24

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

and NASA-ATM Program Office. Further, it can be important first steps toward realizing the 

consumer benefits of using UAS for private-sector economic growth. These DCS proposed UAV 

activities will take place amid conditions that would be impossible to create at any pre-approved 

COA or Test Site.

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 ensure 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 Survey 

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 permission 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 used for Forestry, Natural Resources, Civic Landmarks, etc. then DCS

will seek the permission of the appropriate Government Agencies owning or having jurisdiction 

over those areas.

• If the area to be used for UAVs involves an area where a catastrophe is expected to occur, 

or has recently occurred, 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 Officialin-Charge of on-scene emergency response activities, or whomever the FAA designates 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 Integration Office will give DCS

permission to conduct flight operations subject to the conditions and limitations 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 incatastrophe UAV operations.

In all cases noted above, with proper controls and coordination, 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 ground. During operation, DCS will fly cautiously and 

safely to ensure that our UAV operations do not create any hazards to people or property. DCS

will also coordinate with all 
25

USE OF GEO-FENCING

We propose to use Geo-Fencing in our Nighttime Operations. As an example of Geo-Fencing 

one such DCS sUAS Platform, we show the capabilities of the DJI Phantom-3 Professional 

(P3P) Drone:
26
27

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 effect 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 everything 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 hazard 

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 limited activities.

We mitigate this ‘Dual C2 Link Loss condition by:

 1. Our sUAS (e.g. DJI) are the leading Drone manufacturers 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 very 
28

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 chosen 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-Away 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 the 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-HomeRTH Point, with 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, & pretest 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 Apple iOS Controller 

near middle of Flight Opertions area that will be utilized by our specific 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-mile away...however, the C2 Links 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 Area (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 immediately notified.

 10. Our Drone Applications 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-UATs on our 

Drones for Testing, that will provide current Drone Telemetry (Position & Altitude) to both our 
29

Team 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 then 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 nighttime 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 Governmental training

 Closed-Set Motion Picture Filming & Cinematography

The core of 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 UAV 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

Drone 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 Concepts of 

Operations document, 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 fullycharged.

3. Ensure there is no foreign objects stuck in the camera lense, the micro-SD card, or 

another 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 influence 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 

authorizations, 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 allows 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 pilot 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 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 business. 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.

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 Instruction to prepare them to become an FAA Certified Air Traffic 

Controller-ATC (Control Tower and/or Radar ATC), which is also 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 FAACertification 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-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 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 requirements, 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 FAA that may be expanded from our original Exemption Grant. Our PIC will also 
32

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 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 or 

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 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 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 this is not necessary (subject to 
33

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 Experience-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 accumulate 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 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 duties 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 mission 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 telemetry 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. By 
34

enforcing a GSC to monitor aircraft peripheral 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 to 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.

Given these 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:

 have 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 country;

 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 Infrastructure 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 facilitate 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 departure 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 recognizable from the ground or from satellite imagery. Thus, DCS may be called-upon to 
35

operate our UAVs on or above Airports, Helipads, Heliports and helicopter landing zones. DCS

will only operate with the permission of Airport and Helipad/Heliport managers with proper 

notification and approval disseminated and received prior to flights. DCS will also work with 

local governments to establish safe and acceptable UAV operations for such consulting 

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 agreement 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 television filming and production. In addition to the Safety 

Precautions noted above, we agree to the following additional conditions and limitations, which 

may apply:

 The operator must have a motion picture and television operations manual (MPTOM) as 

documented in this grant of 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 representative; 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 conducted 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 operations 
37

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 payloads. DCS is

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

and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, 

observer, and 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 for 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 future 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 satisfy “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 operations 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 safe operation of a 

small UAV.

 Proposes a micro-UAV 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 

requisite 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 airspace 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 functions 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 piloted 

aircraft for agricultural operations interested in the capabilities of UAV technologies as it relates 

to precision agricultural applications. 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 activities 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 lowaltitude 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 respond to the airspace 

congestion would be easily possible by the PIC because of the relatively low operating speeds of 

the proposed aircraft groups. Additionally, with the use of both a PIC and SO to observe 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 

collisions.

To address further common concerns of NAAA, ALPA, and USHPA; DCS proposes that the 

issuance of NOTAMs and the coordination of planned activities with the FSDO several days in 

advance of operations ensures that attempts have been made to address and 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 those who are concerned about the 

operations of this operation, consider the experience and extenuating circumstances of the 

petitioner/PIC. 

BASIS FOR PETITION

Drone 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 the 
39

Administrator to commercially operate sUAS in the National 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 exemption 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 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 selected meet the requirements of Section 333 of the Reform Act due to their weight, 

speed and operational capabilities.

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 operate at altitudes starting at or below 200-feet for Phase-1, then at or below 400-

feet for Phase-2, an exemption appears to be needed to allow such operations. As set forth 

herein, the UAVs will never operate higher than 400-AGL with the exception that in 

circumstance where the UAV is used to survey or photograph a structure installed terrestrially

which exceeds 400-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 aircraft and its operation, DCS operation of these sUAS meet the conditions of FMRA 

Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart 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 an 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 smaller 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 relief is proper since an equivalent level of safety will be 

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

or preventive maintenance on the UAV using the methods, techniques, and practices prescribed 

in the operating documents (i.e., Monthly Maintenance Log, and Instruction Manuals). As one 

example which will be patterned for all our UAVs, the Flight Manual for the DJI Phantoms (e.g. 

Phantom 3) can be found at:

http://download.djiinnovations.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 nighttime 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 this 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 

operated under this exemption. However, we propose that such training operations will only be 

conducted during dedicated training sessions. During training, proficiency, and experiencebuilding 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.

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 flight, by determining that the UAVs are in compliance with the operating documents 

(i.e., Monthly Maintenance Log, and Instruction Manuals), 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 Control Stations-GCS for active monitoring of the flight path. This altitude information, 

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 exemption 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 visual meteorological 

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total 
41

duration of approximately 25-minutes. Battery power indicators are also able to show exactly 

how much battery power is left, as well as how much time is needed to return 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 the 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 Specific 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 SkyRanger 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.

1. DCS 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 property 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 during dedicated training sessions. During training, proficiency, and experiencebuilding 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.

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 altitude 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 elevation 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) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

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) Shall 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 From The Requirements Of Section 91.407(a)(1)
43

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

alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7

of this chapter[.]

7. DCS Seeks Exemption From 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 Administrator) 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 aircraft 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 maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or safety 
44

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 pursuant 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 activity 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 business. 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 Instruction to prepare them to become an FAA Certified Air Traffic 

Controller-ATC (Control Tower and/or Radar ATC), which is also 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 FAACertification 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-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 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 requirements, 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 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 determined 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 or 
46

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 nighttime 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 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 this is not necessary (subject to 

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 Experience-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 accumulate 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 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.
47

However, if FAA does not revise the Regulations as we request 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 UAV 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 passengers 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 requirements, 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 distances 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 compensation 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 compliance with the operating documents (i.e., the DCS

Aerial Operations Manual, Monthly Maintenance Log, and Instruction Manuals).

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

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DCS will ensure that the UAVs are in 

airworthy condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and Instruction Manuals) prior to every flight, and further, determine 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 to downlink altitude information from the UA to the PIC at 

the ground control station (GCS). Since the FAA requires that any altitude information 

concerning UAV operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), DCS seeks the requested relief because the UAV altimeters 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 read ‘Negative Altitudes’ as they fly below normal ground/surface levels 

of the land surrounding the Mines.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought 

to the extent necessary to comply with the applicable conditions and 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 pressure setting will be established 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 for 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 total 

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 testing, UAV platform trials, or even 

video or still photo 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 operating 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), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, DCS requests relief from these Sections because our 

UAVs do not require airworthiness certificates. As set forth more fully below, our UAVs meet 

the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

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

maintenance on the UAVs using the methods, techniques, and practices prescribed in the UAV 

operating documents (i.e., the DCS Aerial Operations Manual, Monthly Maintenance Log, and 
49

Instruction Manuals). 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 planned 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 impact 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 interest by allowing DCS to safely, 

efficiently, 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 business 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 scanning, 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 aircraft 
50

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 decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Notably, the benefits DCS proposes by use of these 

UAVs will be realized without implicating any privacy issues.

1. Initial Concepts 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 UAVDrones such as ours would 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 would 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 acquisitions with our UAVs, instead of manned aircraft, will greatly benefit 

the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power and

electric motors, the UAVs produce no air pollution, 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 photography, 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 UAVs are propelled by battery powered 

electric motors, rather than an internal combustion engine.

By using the UAVs to perform aerial acquisitions, the substantial risk to life and property in the 

air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight 

crew members located onboard the aircraft, our UAVs have less physical potential for collateral 

damage to life and property on the ground, and in the air, compared to the manned aircraft that

typically conduct similar operations (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 alternatives to using 

manned aircraft to conduct similar aerial operations. As such, operation of the UAVs will allow 

United States based companies, like DCS, to remain competitive and contribute to growth of the 

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

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and 

operated companies must adopt new and alternative technology in order to remain competitive. 

Operating the battery powered UAVs are one such technology that not only allows companies 

greater operational 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 and 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.)”

• UAV Foundation Course

• UAV Maintenance Training Course

• Law Enforcement Tactical Operations Course

• UAV 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 property owner 

involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided
52

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 in 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 selected meet the requirements of Section 333 of the Reform Act due to their weight, 

speed 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 aircraft 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 

determine 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 required by section 334 of this Act.

(b) (b) Assessment of Unmanned Aircraft 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 airworthiness 

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 that 

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 operated 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 Aviation 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 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 during dedicated training sessions. During training, proficiency, and experiencebuilding 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.

c. Flights Of our UAV-Drones Will Be Conducted Pursuant To Specific Operating

Limitations.

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

purpose as noted in above Use-Cases over certain areas of United States, pursuant to the 

following specific operating 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, rotorcraft UAV weighing less than 55 pounds 

maximum gross weight. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant.

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

purpose specified in the Executive Summary.

3. The UAV may not be flown at an indicated airspeed exceeding 87-knots (100-mph): 

We will not normally exceed 20 knots.

4. The UAV must be operated at an altitude of no more than 400-feet above ground level

(AGL), as indicated by the procedures specified in the operating documents unless a special 

request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAV 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 human 

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 maintains 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. The PIC must be designated before the flight and cannot transfer his or 

her designation for the duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/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 UAV

operations and made available to the Administrator upon request. If a discrepancy exists between 

the conditions and limitations contained in the grant of exemption and the procedures outlined in 
55

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

precedence and must be followed.

Otherwise, the operator must follow the procedures 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 updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for extension or 

amendment to the grant of exemption. If the operator determines that any update or revision 

would affect 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 updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAV to ensure that it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the UAV, the 

aircraft is prohibited from operating until the necessary maintenance has been performed and the 

UAV is found to be in a condition 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 UAV

operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must 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 UAV 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 operating documents. Maintenance, inspection, alterations, 

and status of replacement/overhaul component parts must be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of the 

authorized person returning the UAV to service.

15. Each UAV 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 between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAV in a manner 

consistent with how the UAV will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification 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-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UAV with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. This Petition IS for Exemption to fly our UAV operations during nighttime, as 

defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological 

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 visual flight rules (SVFR) are not 

authorized.

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

denoted on a current FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request.

21. The UAV may not be operated less than 400 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 UAV loses communications or loses its GPS signal, it must return to a 

predetermined location within the planned operating area and land or be recovered in accordance 

with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles 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 

point and land the UAV 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 conducting any operations within an Airport Control Zone or other 

ATC Assigned Airspaces under the grant of exemption. This COA will also require the operator 

to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance with airspace 

requirements in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial

number, registered in accordance with 14 C.F.R. part 47, and have identification (N-Number) 

markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as 

practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UAV must comply with the Federal 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 UAV any time the UAV is operating. These 

documents must be made available to the Administrator or any law enforcement official upon 

request.

29. The UAV must remain clear and yield the right of way to all manned aviation

operations and activities at all times.
57

30. The UAV 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 UAV and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of the UAV, 

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 structures has granted permission and the 

PIC has made a safety assessment of the risk 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 controlled-access property with

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative 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 must be reported to the 

National Transportation Safety 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 of safety established 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 minimum 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 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

Considering DCS’ proposed area of operations, and the operating limitations set forth-above; the 

parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot 

requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate 

the UAVs we have selected, DCS submits that the additional manned airmanship 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 UAVs, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

16341, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11158, 11159, 11160, 11161).
58

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.

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 safely operate the UAV in a manner consistent with this exemption, including evasive 

and emergency maneuvers and maintaining 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 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 experiencebuilding 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-UAVs 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 documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during DCS’ proposed operations. The Administrator has held that prior documented flight 

experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows:

In Exemption 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 UAV rotorcraft 

pilot including at least 10 hours logged as a UAV pilot with a multi-rotor UAV. Prior to 

operations under Exemption No. 11062, the PIC must also have accumulated and logged a 

minimum of 5 hours as a UAV pilot operating the same make model of UAV to be used for 

operations under the exemption. For clarification, the FAA considers these minimum hour 

requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be 

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

hours of UAV rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 

takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. 

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

with applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to accomplish 
59

the required flight time. During training, proficiency, and experience-building flights the PIC is 

required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

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

unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, 

that the PIC is able to safely operate the UAV in a manner consistent with the exemption, 

including evasive and emergency 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 maintained 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 Section 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, 11110, 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, 

speed 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 provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks from the UAV to 

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

with DCS operation of our UAVs within visual line of sight while in the National Airspace 

System-NAS, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 

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

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

UAV at ground level.

The FAA has previously granted relief from Section 91.121 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, 11112, 11136, 11138, 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 proposed flight operations. 

Accordingly, DCS will ensure that it will safely operate the battery powered UAVs during 

daylight hours in VFR conditions, 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 operations, will 

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, 

safety will be ensured as the UAVs provide audible and visual warnings to the PIC at the GCS 

when the UAV experiences low battery voltage, the first warning occurring at approximately 

33% remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the UAV will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the

UAV 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 from Section 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, 11066, 11067, 11080, 11109, 

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, DCS submits that the equivalent level of safety with regard to the 

regulatory maintenance and alteration requirements established by Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because DCS will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the UAV 

using the methods, techniques, and practices prescribed in the operating documents (i.e., the 

DCS Aerial Operations Manual, Monthly Maintenance Log, and UAV Instruction Manuals). 

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 

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

Likewise, the exemption sought will not adversely affect safety because DCS will use trained 

technicians to perform maintenance, alterations or preventive maintenance on the UAVs using 

the methods, techniques, and practices prescribed by the operating documents.
61

Furthermore, the exemption sought would 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 will 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) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAVs are considered.

In consideration of DCS’ proposed operating 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 exemption 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 UAVs in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

16341, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Modernization 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 operation of our UAVs, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 14 

C.F.R. Part 21, Subpart 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), 91.409(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 

considering whether a UAV will create a hazard to users of the NAS or the public, or otherwise 

pose a threat to national security; and further, provides the authority for such UAVs to operate 

without airworthiness certification in accordance with any requirements that must be established 

for the safe operation of the UAV in the NAS.

Likewise, the Administrator may prescribe special conditions 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 standards, due to the novel or unusual 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 standards 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 the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft 

engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations. See 14 C.F.R. § 21.16.
62

Therefore, 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 necessary to establish a level of safety equivalent to that established by 14 

C.F.R. Part 21, Subpart 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 Summary 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 SkyRanger 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 Arguments Available To 

Support DCS Request

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation 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 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAVs will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAVs 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 exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of 
63

our UAVs commercially, without an airworthiness certificate, for the limited purpose of 

conducting UAV technology Research & Development (R&D), Platform and System Testing & 

Trials, generating Community Economic Benefit, conducting aerial surveillance or 

video/photography of surface mining sites, construction sites, residential and commercial real 

estate, civil landscapes and events, 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 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 scanning, immigration 

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

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

entertainment.

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

the FAA Modernization and Reform Act of 2012, while also advancing the interests of the 

public, by allowing DCS to safely, efficiently, and economically operate our UAVs

commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, DCS respectfully requests 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, 91.151(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

President, 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