1

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, S.E. West Building Ground Floor, Room W12

- 140 Washington, DC 20590

RE: Docket ID: FAA

- 2015

- 7472

- xxx
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: )
1 August 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

– t hese will be sent to FAA by s eparate e
- mail attachment, when Docket & Tracking ID Number are known ): 1. DCS UAS

- BVLOS Airworthiness

- Flt Safety Review Example 2. Drone Co

- Habitation Services, LLC Aviation Safety Management System (SMS) Plan 3. DCS UAS

- BVLOS Hazard Analysis Example 4. Lithium

- Ion Battery Materials Safety Data Sheet Example 5. DCS

- UAS Operator Safety Guidelines
Dear U.S. Department of Transportation,

On behalf of Drone Co

- Habitation Services, LLC (hereinafter called DCS ) , company which I own and am President for, I contact you.

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

- 333 Exemption to allow limited Beyond Visual Line of Sight (BVLOS) 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. We will subm it our Petition herein via the FAA website; when it gets docketed, and we have an FAA Tracking Number, then we will then submit confidential information directly to the FAA by e

- mail attachment (e.g. to one of the managers such as Mr. Jake Troutman at jake .troutman@faa.gov)
Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F. R. §§91.113(b) and 9l.125(a) to permit it to conduct sUAS operations beyond visual line of2

Sight (BVLOS) as a methodical and incremental rollout of commercial UAV

- Drone Services. 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 W aiver or Authorization (COAs) to create new UAV systems, developing flight operations, and standardizing procedures that will move UAV activity into human daily life. Our planned application of UAVs will also span an expansive range of purposes, including closed

- set photography & movie

- making, fixed/permanent building and structure inspections, agriculture, traffic monitoring, environmental monitoring, search/rescue operations, customs payload scanning, immigration enforcement, pipeline/power lines monitori ng, firefighting service, sport casting, cellular networking, meteorological services/research, fisheries monitoring, law enforcement, and entertainment.
Background On 22 April 2016, FAA Granted DCS a Section

- 333 Exemption ( No. 16513 ), based upon our Pet ition of 8Oct2015 ( Docket No. FAA

- 2015

- 7472 ). Some of the FAA Conditions of our Exemption included (example s; NOTAL ): It granted us Exemption to use any aircraft identified on the List of Approved Unmanned Aerial Systems (UAS) under Section

- 333 at regulatory docket FAA

- 2007

- 3330...when weighing less than 55

- 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 a t speed not exceeding 87

- knots (100

- miles per hour).

We do NOT desire to reduce or delete any of our currently FAA

- approv ed Section

- 333 Exemptions with regard to our Scope of Activities described in that previous Petition.
However, we DO seek Amendment to our Exemption to allow expansion of our Section

- 333 Exemption to include Grant of Exemption for limited Beyond Visual Line of Sight (BVLOS). We respectfully request an exemption from Title 14 of the Code of Federal Regulations (C.F.R.) § §91.113 and 91.215 to permit the use of small unmanned aircraft systems (sUAS) in BVLOS operations as part of our incremental encroachment upon National Air Space (NAS).
Purpose of our Exemption Request The purpose of our BVLOS activities is to explore command

- and

- control challenge s of using sUAS to inspect and service rural areas of low

- density populations such as Rail System Infrastructure, Power Line & Cellular Tower Infrastructure, Brid ges and Dams, rural large

- plot A gri cultural A reas, health monitor ing of Bureau of Land Management (BLM) Forests , Department of Interior Forests and Department of Interior

- DoI Natural Resources, etc...all of which FAA and Congress sees as needful of technical solutions for aviation control. We can and desire to facilitate these areas of interest, and help FAA find technical solutions with BVLOS operations, through our testing with sUAS.3

Regulatory Basis for Exemption Request The FAA may grant an exemption under 49 U.S.C. §4470 l(f) if it has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, prov iding that the petitioner shall explain why granting the exemption would not adversely affect safety o r how the exemp tion would provide at least an equivalent level o f safety as compliance with the underlying regulation. Our company anticipates that use of
s UAS will enhance safety in various above

- mentioned areas and applications, operations over the long term, and the m anner in which operations will be conducted will not adv ersely affect the safety of the flying public or people on the ground. The FAA has previously Granted Exemption to another company , BNSF Railway Company, in Docket No. FAA

- 2015

- 75121 BNSF Ra ilway Com pany Exemption Request 91.113 of 2 October 2015. We are asking for similar BVLOS Exemption.
Why is Exemption Needed

As only one example of immediate

- term BVLOS Commercial Opportunity

... The Interior Business Center (IBC), Acquisition Services Directorate (AQD), Boise, ID in support of the Bureau of Land Management plans to issue Solicitation D16PS00208 for the procurement of fully Contractor

- operated and maintained Call When Needed (CWN) Unmanned Aerial Systems (UAS) to support wildland fire operations, se arch and rescue and other resource missions such as precision landscape mapping, vegetation monitoring, wildlife counts and surveys and prescribed fire monitoring and mapping in the Conterminous 48 States and Alaska.

The Synopsis (D16PS00208) calls for a Fixed

- Wing and/or Rotary

- based UAS Platform that can monitor the health of BLM assets throughout the entire Lower

- 48 States. The Summary states:

“ UAV shall be capable of flying a minimum of 5 nautical miles to mission location as required by the Mission P lanner." That means the Commercial Drones will most likely need to fly 'Beyond Visual Line of Sight (BVLOS) ...since most Drones cannot be visually observed at that distance.

This BLM Solicitation will call for UAS Platforms that will fly from Surface up to and including 14,500

- Feet AGL, in what may be Night

- time Operations, and/or Instrument Meteorological Conditions (IMC). It certainly demands a heightened level of UAV

- Drone tracking by Air Traffic Management

- ATM facilities, that comes from integrated onboa rd ADS

- B or Universal Access Transceiver

- UAT functionality. Although customers such as BLM may ask for sUAS Drone flights up to 14,500 AGL, our company would implement a Tiered rollout of our BVLOS Services that initially complies with our current FAA

- Gra nted nationwide COA of at

- or

- below 400

- feet AGL. We would then test that BVLOS capability with various sUAS Platforms and Sensors. After Verification & Validation (V&V), we would then file next stage of Petitions with FAA for Exemption to expand the BVLOS Grants for higher Vertical Altitudes needed by specific Federal and private4

customers (our concept for incremental encroachment) (e.g. in increments of 1000

- 2000 feet per grant). This would allow the FAA to move forward cautiously with our company. Because BLM is likely to have a myriad of Mission Types on this nationwide Solicitation , it is unlikely that a One

- Size Fits

- All Drone will be sufficient. We believe that any team who Proposes on this 48

- State BLM Solicitation would need to have capability to fly not only Fixed Wing Drones, but also Multi

- Rotor Helicopter Drones. Our company h as FAA Exemption to fly all 1150

- Types of Drones (Fixed Wing & Rotor) on the FAA's Approved List of Drone

- Types. Few other companies have that broad

- reaching FAA Exemp tion. However, we would need to conduct an internal Mission vs. Drone Type comparison along all expected types of BLM Missions, for inclusion into our Proposal. This is because there will be some BLM Missions that require certain types of Platforms, Sensor s, Payloads, and Accessories to ensure Mission Accomplishment. Thus, we must define which m ission types fit with each sUAS. The BLM Contracting Officer has stipulated that the Contractor’s UAS shall be capable of communicating with a secure digital data u plink and downlink frequency, hopping link at 2.4, 5.8, or 900 MHz ISM band, WPA2 or 128, 192, or 256 bit AES encryption (FIPS compliant). The UAS shall possess autonomous Loss of Link (LOL) capability with the ability to program restricted areas of opera tions (geo

- fence). The UAS shall possess the ability to loiter at an assigned altitude with <200’ deviation and equipped with a transponder and be Mode C programmable. The UAS GCS shall be equipped with programmable VHF AM and VHF FM radios (FCC compliant ) and shall include a 20” monitor displaying live payloa d video feed at ground station. The UAS shall have EO

- IR capabilities; Gimbal

– EO Video: Real

- time HD (720p) Video and IR video: Real

- time mid

- wave (3

- 5 microns). Still EO image capture with geo tagg ing and Still IR image capture with geo tagging and have the ability to lock gimbal on stationary POI. Thus, our company must test these Sensors and Communications Payloads on a variety of sUAS Platforms...and in a BVLOS environment.
In order to fly nationw ide, the Contractors for this BLM Solicitation would need a near real

- time capability to transmit at least basic FAA

- SWIM Feed Data such as Flight Plan and Departure/Arrival Times to the BLM, Customs & Border Control (CBP), and nearby ATC Facilities at Air ports. My company is already doing that SWIM

- functionality in our NASA

- UTM Trials. We propose to expand that functionality by creating customized UAV Traffic Management (UTM) Software Clients and Connectivity. Further, this BLM Solicitation sta tes that the Contractor must have VHF Radios at the Ground Control Station

- GCS. We feel particularly well

- positioned to leverage our decades of ATC Controller expertise, and combined with our relationships with companies such as Frequentis

- USA and Harris, towards
acco mplishing the required Radio Communications.

None of these technology various technology requirements are currently available to the privatized UAS Operators who are planning to bid on these type of contracts ...but is quickly

emerging technology. However, we already have them but are not approved by FAA to test them in real

- world environments and Case Studies. These technologies must be tested in a safe, orderly, and expeditious manner. Our Company is the one that can leverage our decades of direct FAA

- Cert ified ATC Expertise to accomplish that testing and operations.5

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. For Phase

- 1 of our BVLOS rollout, we request Exemption to fly BVLOS Operations within our already

- approved nationwide COA (at

- or

- below 400

- Feet AGL). After validation of our adherence to safety and technology implementations, we will request hi gher levels of COA via Section

- 333 Exemption Modifications. 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 & Va lidation (V&V) of UAV Flight Procedures; Testing of various UAV airborne platforms; Standardization of UAV

- related Operator Trainin g & Curriculum Development; etc

We ask for FAA Section

- 333 Exemption that will allow us to progress, unimpeded , through our planned, methodical, multi

- phase rollout of our BVLOS Services. The phases covered by our Phase

- by

- Phase Exemption Request include:

1. Immediate Phase

- 1: Our company has been accepted by NASA

- UTM Program Office for ‘Teammate’ status (i.e. Participant) in the Technology Capability Model

- TCM Build

2 Program. As such, we have selected a sUAS Platform (the DJI Phantom

- 3 Professional Drone), outfitted it with a FreeFlight Systems 3

- Watt Universal Access Tranceiver

- UAT, designed & constructed (in collaboration with Frequentis

- USA) our own proprietary UAV Traffic Management (UTM) Client Software protocols, and embedded it into a Ground Station Server. We are curren tly undergoing NASA

- UTM supported Airworthiness & Flight Safety Review Board (AFSRB) review of our Drone & System/Sub

- Systems. We will then commence sUAS Operations with NASA

- UTM sUAS Trials, in Beyond Visual Line of Sight (BVLOS) configuration. These Tria ls will be conducted at Reno

- Stead Airport, Nevada on or about 17 October 2016. We are already conducting this Immediate Phase

- 1 and it is NOT part of this FAA Section

- 333 Exemption Petition. 2. Next Phase

- 2: We have entered into discussions with NUAIR Alliance (an FAA

- selected sUAS Testing Site) for future Research & Development (R&D) Testing a t Griffiss Airbase in New York. Griffiss is a Part

- 139 Airport. We will commence various R&D technology activities to advance our capabilities for full

- scale rollout of BVLOS Operations, that may include UAS Platform & Sensor

- payload Testing; Real

- time Data Collection; Safety Case Analysis; Mixed Manned and Unmanned Operations with segregation of Operations by Holding Pat terns & Missed Approach Procedures. We will conduct sUAS Frequency Congestion Trials (e.g. simulation of Spectrum Usage; Cyber Security; Encryption; Trustworthy Data Distribution; etc. These activities will help us (and the FAA) prepare for SC

- 228 UAS Stan dardization Development (e.g. Detect & Avoid

- DAA; C2 Command & Control; etc.). During this Next Phase

- 2 we will work with Griffiss Airbase and NUAIR to demonstrate that we are able to successfully negotiate complex Letters of Agreement (LOAs) with ATC Faci lities and Airport Operations. 3. Next Phase

- 3: At this point, we will leverage our BVLOS experience & capabilities in attempt to answer SIR Requests For Proposals (RFPs) from Federal and State/Local6

Customers, that own/control large swathes of low

- populatio n density Public Lands, and want near

- term sUAS support for them. This may include such Customers as the above noted BLM Solicitation for sUAV Support. 4. Next Phase

- 4: Detect & Avoid (DAA): We will leverage our growing expertise in sUAS platforms, and contin uing work with NUAIR Alliance (or alternate FAA

- Approved Test Site) to advance our capabilities and technologies for Detect & Avoid (DAA) which may be integrated into our incremental rollout of Commercial UAV

- Drone Operations in BVLOS configuration. This m ay include Tests and Implementations of our sUAS operations in collaboration with those of FAA and other companies that may bring Manufacturer’s Sensor Testing to bear upon our aim of validating that our BVLOS Operations meets at least minimum MOPs. 5. Rural Phase

- 5 : Incremental Rollout of Commercial UAV

- Drone Services in BVLOS configuration into rural areas of low

- density populations such as Rail System Infrastructure, Power Line & Cellular Tower Infrastructure, Bridges and Dams, rural large

- plot Agricultural Areas, health monitoring of Bureau of Land Management (BLM) Forests, Department of Interior Forests and Department of Interior

- DoI Natural Resources, etc. 6. Semi

- Urban Phase

- 6 : Incremental Community

- based Trials and then Rollout of Commercial UAV

- Drone Serv ices in BVLOS configuration into the suburbs of urban centers, where we can expect medium

- density populations of Customers needing such sUAS Services. 7. Urban Phase

- 7 : Incremental Community

- ba sed Trials and then Rollout of Commercial UAV

- Drone Services in BV LOS configuration into the urban centers, where we can expect medium

- to

- dense populations of Customers needing such sUAS Services.
UAV Operations in ‘real world’ situations (targets of opportunity), outside pre

- approved COA R&D locations:

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

- or - below 400

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

DCS’ UAS operations in these activities would be activated in coordination with the FAA and the official in charge of or having aviation jurisdictio n over such activities. DCS would strictly limit or control our use of UAVs in such opportunities (e.g. over members of the general public) and ensure full coordination with any manned aircraft operations.

DCS hopes to use such activities to help educate our companies, public and private entities, etc. on use of UAVs as a ‘Customer Service’ to unlock and maximize benefits for their organizations.

U nique Public and Comme rcial 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 cata strophes. 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, m ore effective service to Public and7

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 Management (A TM) 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 ad hering 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 d irection 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 a reas that have not already gotten Pre

- Approved COA Authorization will be as follows:

• If the area is for Agriculture

- related activities, Construction Sites, or Real Estate Surv ey and Photography, then DCS will seek the permission of Farmers, Land Owners w ho 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 ownin g 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 oc curred, then DCS will contact the FAA’s UAS Integration Office, AFS

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

in

- Charge of on

- scene emergency response activities, or whomever the FAA desi gnates in the Grant. DCS will give the applicable authorities a copy of our Grant and information about th e location, UAV, and flight activities to be conducted. The UAS Inte gration Office will give DCS permission to conduct flight operations subject to the conditions and l imitations in the Grant. DCS will coordinate with both the FAA and the officials in char ge of on

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

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

- time coordination of its in

catastrophe UAV operations.8

In all cases noted above, with proper controls and coordinati on, as described herein, DCS believes such operations can be safely conducted to avoid any risk to first resp onders, other aircraft and persons and property on the g round. During operation, DCS will fly cautiously and safely to ensure that our UAV operations do not create any hazard s to people or property. DCS will also coordinate with all Land Owners, and others who may not be involved in the operations.
Petition should describe operations within close proximity of airports

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

In such c ases 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 u se 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 that communication is lost between the PIC and airport authorities t he 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 cap ture images of obstructions that are not easily recognizable from the ground or from satellite imagery. Thus, DCS may be called

- upon to operate our UAVs on or above Airports, Helipads, Heliports and h elicopter landing zones. DCS will only operate with the permission of Airport and Helipad/Heliport managers with proper notification and approval disseminated and re ceived prior to flights. DCS will also work with local governments to establish safe and acceptable UAV operations for such 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 avail able to the Administrator or any law enf orcement official upon request.9

Granting an Exemption is in the Public Interest Approval of this exemption will allow the F AA program team to evaluate our BVLOS Operations of sUAS in real

- world environment. As such, approval would advance the pub1ic interest by providing the FAA w ith valuable user experience on sUAS command and control of unmanned aircraft i n BVLOS operations. From an FAA perspective, the safe integration ofUAS into the NA S is critical for advancing the aviation industry and is required under Congressional mandate. Operations BVLOS are a critical element of this integration. Research is still needed to control the unmanned aircraft BVLOS in such a way that the curren t level of safety is maintained or enhanced.

The research efforts called for in the above

- mentioned Use Cases, can become an integral part of the FAA’s regulatory process towards other companies, and hone the FAA’s Best Practices guidance well beyond those operations that will be conducted by our company. 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 me et 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 emiss ions.

 Reduce the dangers of using significantly larger aircraft carrying highly combustible fuels and as a result save lives. Granting the present Petition will further the public inter est by allowing DCS to safely, efficiently, and economically perform s uch 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 opera tions, 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 an d 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 moni toring, firefighting service, sport casting, cellular networking, meteorological services/research, fisheries monitoring, law enforcement, and entertainment.10

Use of sUAS technology to obtain imagery, information and data currently obtained by use of
manne d flight or manual methods reduces statistical risk to human life due to manned aircraft accidents (e.g., infrastructure inspections) and due to other dangerous activities that can be avoided (e.g., scaffolding/rigging failures during stack or bridge inspe ctions). Additionally, use of the UAVs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Not ably, the benefits DCS proposes by use of these UAVs will be realized without implicating any privacy issues. Members of the Small UAV Coalition have favorably

- endorsed the expansion of BVLOS for commercial operations when they stated:
(QUOTE)

“Members of the Small UAV Coalition share an interest in advancing regulatory and policy changes that will permit the operation of small UAVs in the near term, within and beyond the line of sight, with varying degrees of autonomy, for commercial, consumer, recreational and philanth ropic purposes. We...strongly support this and similar research, development, and testing programs. The Coalition believes there are additional steps the FAA can take to broaden the authority to conduct commercial operations as part of the section 333 proces s a s well as its general statutory exemption authority

. The Coaliti on bel ieves t hat whether and under what circumstance s BVLOS operations may be permitted should depend not only on technological capabilities of the sUAS but also on the operational circums tances of a sUAS operation (i.e., airspace, altitude, and the geographic area). For example, operation of a sUAS BVLOS in a ruraJ or remote setting, such as timberland or desert, or entirely over a person's property, may not require the degree of technolog ical capability as BVLOS operations in suburban or urban environments necessitate. Use of deviation authority, letter of agreement, or Notice to Airmen ("NOTAM"), would give the FAA the flexibility to pe rm it certa in BVLOS in the relatively near

- term rathe r than in a future multi

- year rule

- making. The key, in the Coa lition’s view, is for the FAA to esta blish a process by which it may authorize the BVLOS operation of a sUAS (or at least Ext ended Line of Sight operations) based on the operation al circumstance s of the mission , te chnological capabilities of the sUAS , if needed, and the training and experience of the sUAS operator. The FA A also s hould foster the implementation of BVLOS operations through both simulated and live testing, which other countries have initiated.
(UNQUOTE)
Granting an Exemption will not Adversely Affect Safety It must be recognized that the historical misgivings about sUAS platforms operating in the realm of clients of Pilot’s Associations such as ALPA, while sometimes valid and certainly11

important...are not having much effect in holding back the tide of Private & Commercial Drone Proliferation (must less having any dent upon the Public use of Drones). Thus, one must take a more pragmatic approach to solving the aviation safety issue of sUAS operating in same airspace as manned aircraft...than trying to ‘hold the tiger by the tail and stopping him from moving’. If the FAA treats our Exemption as a ‘BVLOS Test Case’ (similar to the Pioneer Program), then our company can work with the FAA to establish appropriate mitigations that al1ow for the safe operation of sUAS beyond visual line of sight. In the case of BLM S olicitation above, our company will conduct our sUAS operations over Federally

- owned & Controlled Lands, typically in remote and/or rural areas. In many (most?) cases, the BLM has already secure d its property against unauthorized or unmonitored public acce ss. For example, substantial stretches of BLM lands are fenced, elevated, or otherwise secured to prevent access. We could propose to BLM (or other such rural customers) that our Test Case R&D Trials and sUAV Operations would during Phase

- 1 of rollout, onl y exercise operations in those areas that are secure from the general public. It should be remembered that MOST of the Federal and Private Customer areas of project

- need will be in ‘controlled’ airspaces that overly rural areas. However, this will not be the case for all such missions. There is no physical or realistic means of ensuring that all Commercial sUAS Operations are contained within finitely

- defined airspace that overlie fenced, elevated, and secured access areas. The Airlines and Pilots from ALP A are not able to guarantee that for their manned aircraft in today’s proliferation of manned General Aviation & Business Jet communities. Further, although manned aircraft are currently getting higher priority to use those airspaces, because of their risk to human

- life...that is not to say that in future, unmanned aircraft should not have equal access to those airspaces on a first

- come, first

- served basis that mixes manned and unmanned aircraft. Thus, the best that can be achieved is to ensure that aviation safety is maintained by use of onboard and ground

- based technologies to either contain the sUAS within defined sectors of airspace, to monitor the potential hazards to other aircraft that may intrude into the operational area, and which allows for aviation safety mitigation. We anticipate that these type of Federal & private customers could be adequately serviced by sUAS platforms that fly at relatively low speeds. Thus, In the event an operation needs to be conducted closer to an airport, then we would us e our Radio Communications, our FAA

- SWIM Data and Controller

- Pilot Data Link capabilities, as well as our decades of direct ATC Controller expertise when we inform the airport operator and airport air traffic control tower of the contemplated operation . We will comply with any directions issued by ATC at that airport . We would utilize extended Visual and onboard Global Navigation Satellite Systems

- GNSS (e.g. ADS

- B and/or UAT), with full communications to ATC Facilities and Airports, with appropriate NOTAMs , etc. As such, we would pose little risk to other manned or unmanned (cooperating) aircraft. The treatment of our Petition and supporting documents as ‘Confidential’ and ‘Competition Sensitive’, without public scrutiny of all our operations and technologies, should not be a cause for stakeholder

- lobby groups to imply that we are not proactively mo ving to ensure top

- to

bottom Aviation Safety Management. We will develop a comprehensive commun ications plan for each of the Flight Operations areas, which will be initiated prior to any BVLOS flights. This will include (not limited to) issuing NOT AMS and conducting outreach and notifica tion to12

aviation players in the environment (e.g., the military, glider groups, agricultural sprayers, etc.). We will install ADS

- B and/or UAT technology onto all our sUAS platforms such that ATC Controllers can monitor our activities.

Even without utilizing technology and protocol s that specifically address the FAA's "see and avoid" requirements, the risk of inte rference with other aircraft is minimal during our initial stage of BVLOS rollout (e.g. within our current 400

- fe et and Below COA) . We plan to adopt a staggered, mu lti

- tiered approach to avoiding obstacles and other aircraft by utilizing technology d eveloped by some of the leading ex perts in flight detection. Their suite s of technology will allow our company to commu nicate with ATC Facilities and Airports, and also detect both the presence of other aircraft and the exact location of the unmanned aircraft . We feel this provides a level of situational awareness that far meets or exceeds what i s possible by a pilot flyin g VFR. We feel that the objections by stakeholder lobby

- groups to prevent FAA Section

- 333 Exemptions on the grounds of Flammability Assessment of Lithium

- Ion and Lithium

- Ion Polymer Battery Cell Designed for Aircraft Power Usage is not a valid concern, no r germane, to this Petition. With regard to C2 link failures , we recognize these sometimes occur. We have always taken, and will continue to do so, direct technology and procedural steps to prepare for such conditions. We have attached our confidential ‘SAMPLE HAZARD ANALYSIS & ‘HEAT CHART’ to this Petition for FAA ’s review.

Although it only covers a specific type of UAV

- Drone, we offer it as a proof that we will meticulously examine every conceivable situation that may come up in our BVLOS Operations. It clearly demonstrates that we have established lost link mitigations , and safety modes to prevent or handle potential fly

- aways or other scenarios. We have a wide range of mitigations and technology solutions in our Safety ‘toolbox’ to include auto

- hover, auto

- land, return

- to

home (RTH), and Geo

- Fencing , methods for re

- establishing C2 Link and GPS Link, and boundary protection. We are constantly improving our mitigations for spectrum interference,13

weather, terrain and obstacles (man

- made or natural) , that may adversely impact our sUAS safe operations.

Some stake holder associations (e.g. Pilots union) want the FAA to mandate that current (legacy) regulations of 14 CFR 61.113 (a) and (b), 14 CFR 61.133(a) , etc. remain forever unchanged, and that all Commercial UAV

- Drone Pilots must undergo the same Training & Certi fication program that are required of manned aircraft. It is an understandable argument if the association has an wants to use such intransigence to dramatically increase their lobby. However, with more than 500,000 sUAV platforms purchased every year in U SA, commercial UAS Operators will never be able to afford the hundreds of thousands of dollars to comply with such antiquated regulations. No Commercially

- rated Airline Pilot is going to surrender his $200,000 job, just so he can earn $40,000 per year flyi ng sUAV

- Drones. Therefore, the ALPA regulation to have all sUAS Pilots meet their manned aircraft Certification is not realistic. This argument has already been overtaken by Congress and the FAA. One of the main concerns of the FAA with regard to sUAS operations within the National Airspace System

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

- in

- Command (PIC) to attend a Course of Instruction & get Drone Certification from an FAA

- approved Drone Training School. There are not enough such FAA

- approved Training Schools around USA, and they are expensive ($150 /Test). My company is moving forward with negotiations with the FAA’s List of ‘Approved Airman’s Knowledge Test (AKT) Facility in each state. However, it is our ultimate desire to create our own Internet

- based FAA

- Training School, and perhaps if there beco mes a requirement for a Practical Application Test, then we will send our Students to Local Airport Aeroclubs for the final Test prior to Certification.

UAV

- DRONE PILOT/OWNER RECRUITMENT & TRAINING14

What are the expected areas our commercial drone test will cover?

1. Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation 2. Airspace classification and operating requirements, and flight restrictions affecting small unmanned aircraft operation 3. Avi ation weather sources and effects of weather on small unmanned aircraft performance 4. Small unmanned aircraft loading and performance 5. Emergency procedures 6. Crew resource management 7. Radio communication procedures 8. Determining the performance of small unmanned aircraft 9. Physiological effects of drugs and alcohol 10. Aeronautical decision

- making and judgment 11. Airport operations 12. Maintenance and pre

- flight inspection procedures The FAA has released a drafted document of Unmanned Aircraft Systems Airman Certification Sta ndards, outlining what you can tentatively expect from the test . Our company will follow and require that Curriculum explicitly : https://www.faa.gov/training_testing/testing/acs/media/uas_acs.pdf

UAS TOPICS Percentage of Items on Test I. Regulation 15%

- 25% II. Airspace & Requirements 8%

- 15% III. Weather 11%

- 16%15

IV. Loading and Performance 7%

- 11% V. Operations 13%

- 18% Total Number of Questions 60
The test can be taken at one of the 696 testing centers in the United States. The Aeronautical Knowledge Test (AKT) List is here: http://www.faa.gov/training_testing/testing/media/test_centers.pdf Applicants need to schedule the testing appointment in advance and bring a government

- issued photo ID. It is still unclear when the test will be made a vailable and whether there will be a fee. The FAA’s draft says test areas include:

 Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation

 Airspace classification and operating requirements, and flight restrictions affecting small unmanned aircraft operation

 Aviation weather sources and effects of weather on small unmanned aircraft performance

 Small unmanned aircraft loading and performance

 Emergency procedures

 Crew resource management

 Radio c ommunication procedures

 Determining the performance of small unmanned aircraft

 Physiological effects of drugs and alcohol

 Aeronautical decision

- making and judgment

 Airport operations

 Maintenance and pre

- flight inspection procedures

Remote Pilot In Command Certification & Responsibilities

 Establishes a remote pilot in command position.

 A person operating a small UAS must either hold a remote pilot airman certificate with a small UAS rating or be under the direct supervision of a person who does hold a rem ote pilot certificate (remote pilot in command).

 To qualify for a remote pilot certificate, a person must:  Demonstrate aeronautical knowledge by either:  Passing an initial aeronautical knowledge test at an FAA

- approved knowledge testing center; or

 Hold a part 61 pilot certificate other than student pilot, complete a flight review within the previous 24 months, and complete a small UAS online training course provided by the FAA.

 Be vetted by the Transportation Security Administration.  Be at least 1 6 years old.

 Part 61 pilot certificate holders may obtain a temporary remote pilot certificate immediately upon submission of their application for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of TSA security16

vetting. The FAA anticipates that it will be able to issue a temporary remote pilot certificate within 10 business days after receiving a completed remote pilot certificate application.

 Until international standards are developed , foreign

- certificated UAS pilots will be required to obtain an FAA

- issued remote pilot certificate with a small UAS rating.
A remote pilot in command must:

 Make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the rule.

 Report to the FAA within 10 days of any operation that results in at least serious injury, loss of c onsciousness, or property damage of at least $500.

 Conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is in a condition for safe operation.

 Ensure that the small unmanned aircraft complies with the existing registration requirements specified in § 91.203(a)(2).

 A remote pilot in command may deviate from the requirements of this rule in response to an in

- flight emergency.

If FAA does not appr ove this Training & Certification portion of our Petition for Exemption, then we will comply with current FAA Airman Certification req uirements, plus Screening by the Department of Homeland Security (DHS). In accordance with previous Exemptions, DCS asks for FAA Grant of relief from §§ 61.10 1(e)(4) and (5), and 61.113(a). The FAA has already approved more than 1150

- sUAS Platforms for flight in the USA; we feel it is unnecessary and unrealistic to limit BVLOS Operations for specific industries or trades to only a specific type or model of UAV

- Drone. We feel the better approach is for FAA to mandate Minimum Levels of Functionality (e.g. MOPs; MELs; etc.) and allow the private industry to decide which sUAS platforms and payloads can accomplish those FAA minim ums. Thus, we do not define exactly which sUAS Platforms we may use in future operations.
§91.215 ATC transponder and altitude reporting equipment and use (a) All airspace: U.S

- registered civil aircraft. For operations not conducted under part 121
or 135 o f this chapter, ATC transponder equipment installed must meet th e performance and environmental requirements of any class ofTSO

- C74b ( Mode A) or any class of TSOC74c (Mode A with altitude reporting cap ability) as appropriate, or the appropriate class ofTSO

- C112 (ModeS). (emphasis added)

ATC transponders are not required for operation s in class G airspace. However, if a transponder is nevertheless used in that airspace, it must comply with one of the TSOs referenced in paragraph (a). Our company has already filed a Petition for FAA Section

- 333 Exemption to allow us to retrofit and/or deploy the FreeFlight Systems 7

- watt & 3

- Watt UAT across all our fleet of sUAS platforms. As our company explores the needs of customers such as the above

- mentioned Feder al BLM Contracting Officer, we may may choose to install a transponder on our sUAS Platforms. We believe that the referen ce to TSO

- C74b and TSO

- C74c may be outdated as the17

FAA's website indicates that those v ersions ofTSO

- C74 are no longer valid. We also b elieve that it may be possible to purch ase a suitable transponder that meets the underlying RTCA requirements set forth in the current versions of TSO

- C74 and TSO

- Cl12. However, in the event that the FAA requires an exemption to comply with the most recent version of TSO

- C74 or our company is unab le to locate a transponder that meets the applicable standards that is sufficiently small for the sUAS Platforms called for by the Federal and private customers , our company requests an exemption from this provisio n. The FAA has previously granted .a n exemption to the requirements in §91.215 (FAA

- 2015

- 2904).
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.

Sum m ary
DCS submits the details for each of these areas as a confidential document under 49 CFR 7.13 as the mat erial contains trade secret and commercial proprietary information that DCS has not and will not share with others except under appropriate confidentiality agreements. The material contains operating c onditions and procedures that are not available to th e public and are protected from release under the Freedom of Informat ion Act. See 5 USC 552 et. seq.

DCS believes that our BVLOS operations under the conditions discussed above will be at least as safe as those with manned aircraft with an air worthiness certificate, given the unique multi

directional and slow

- speed operation of the sUAS. In addition, DCS will be obliged to give the right

- of

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

- footprint operations through DCS ’ NOTAM.
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.
Respectfu lly,

Michael J. Erickson President, Drone Co

- Habitation Services (DCS) President, Aviation Management Inc., LLC (AMI)1819

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 hel p them expand their platform and technology applications away from the mining industry and towards targeting other commercial, public, and residential uses such as:

 Inspection of permanent or semi

- permanent structures

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

 Mining Operations & Surveillance

 Construction sites before and after

 Agriculture & Insurance Assessments, Surveys, and Monitoring

 Appraisals

 Real

- estate marketing

 Economic development

 Civic landmarks

 Special event coverage

 High

- Mast Electric/Power Tower Inspections

 Private and G overnmental training

 Closed

- Set Motion Picture Filming & Cinematography The core 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 Ma nagement activities. Our Staff have safely flown small RC electric quadcopters recreationally for approximately 2

- years without incident. We have also previously submitted our UAV Safety Guidelines Checklist , which includes:

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

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

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

- SD card, o r 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
nor mally.20

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 th e 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
a uthorizations, 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 loca tions that are restricted by law shall be avoided unless applicable Approval has been granted in advance.

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 t he 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 an d 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 app licable 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 hazar ds 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 requ ired 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. Addit ionally, the role of the GSC is to support missions of the UAVs in such a manner to ensure successful operations. By enforcing a GSC to monitor aircraft peripheral telemetry allows the PIC and SO to further21

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
succes sful 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 us ed shall support the mission by relaying additional status to both the VO and PIC for flight time remaining, signal strength, and payload operations.

Respectfully submitted,

Michael J. Erickson Pres i dent, Drone Co

- Habitation Services (DCS) President, Aviation Management Inc., LLC (AMI) 2110 Raven Tower Court #301, Herndon, VA 20170 Tel: 571

- 216

- 3245 E

- Mail: me98@yahoo.com