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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: 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 – these will be sent to FAA by separate 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 submit 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 of
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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 Waiver or Authorization (COAs) to create new UAV 

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

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

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

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

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

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

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

Background

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 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 challenges of using 

sUAS to inspect and service 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...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.
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Regulatory Basis for Exemption Request

The FAA may grant an exemption under 49 U.S.C. §4470l(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, providing that the petitioner shall explain why granting the exemption 

would not adversely affect safety or how the exemption would provide at least an equivalent 

level of safety as compliance with the underlying regulation. Our company anticipates that use of 

sUAS will enhance safety in various above-mentioned areas and applications, operations over 

the long term, and the manner in which operations will be conducted will not adversely 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 Railway Company 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, search 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 Planner." 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 onboard 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-Granted 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 private 
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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 has 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 Exemption. 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, Sensors, Payloads, and Accessories to ensure Mission

Accomplishment. Thus, we must define which mission 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 uplink 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 operations (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 payload 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 

tagging 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 nationwide, 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 Airports. 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 states 

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 

accomplishing 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 quicklyemerging 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-Certified ATC Expertise to accomplish that testing and operations.
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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 higher 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 & Validation (V&V) of UAV Flight Procedures; Testing of various UAV 

airborne platforms; Standardization of UAV-related Operator Training & 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 Build2 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 currently 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 Trials 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 at 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 Patterns & 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 Standardization 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 Facilities 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/Local 
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Customers, that own/control large swathes of low-population 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 continuing 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 may 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 Services 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-based Trials and then Rollout of Commercial 

UAV-Drone Services in BVLOS 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 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 
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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 (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.
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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 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 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 that 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 

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.
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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 with valuable user experience on sUAS command and control of 

unmanned aircraft in BVLOS operations. From an FAA perspective, the safe integration ofUAS 

into the NAS 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 current 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 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.
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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 

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.

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

philanthropic 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 process as well as its 

general statutory exemption authority.

The Coalition believes that whether and under what circumstances BVLOS operations

may be permitted should depend not only on technological capabilities of the sUAS but

also on the operational circumstances 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 technological 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 permit certain BVLOS in the relatively near-term rather

than in a future multi-year rule-making. The key, in the Coalition’s view, is for the FAA to 

establish a process by which it may authorize the BVLOS operation of a sUAS (or at least 

Extended Line of Sight operations) based on the operational circumstances of the mission, 

technological capabilities of the sUAS, if needed, and the training and experience of the sUAS 

operator. The FAA also should 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 certainly 
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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 Solicitation 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 secured its property 

against unauthorized or unmonitored public access. 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, only 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 ALPA 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 use 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 moving to ensure top-tobottom Aviation Safety Management. We will develop a comprehensive communications plan 

for each of the Flight Operations areas, which will be initiated prior to any BVLOS flights. This 

will include (not limited to) issuing NOTAMS and conducting outreach and notification to 
12

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 protocols that specifically address the FAA's "see and 

avoid" requirements, the risk of interference with other aircraft is minimal during our initial stage 

of BVLOS rollout (e.g. within our current 400-feet and Below COA). We plan to adopt a 

staggered, multi-tiered approach to avoiding obstacles and other aircraft by utilizing technology 

developed by some of the leading experts in flight detection. Their suites of technology will 

allow our company to communicate 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 is possible by a pilot flying 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, nor 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-tohome (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 stakeholder 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 & Certification 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 USA, 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 flying 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 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.

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 becomes 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 & TRAINING
14

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. Aviation 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 

Standards, 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 available 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 communication 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 remote 

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 16 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 security 
16

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 consciousness, 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 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).

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 minimums. 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 of this chapter, ATC transponder equipment installed must meet the performance and 

environmental requirements of any class ofTSO-C74b (Mode A) or any class of TSOC74c 

(Mode A with altitude reporting capability) as appropriate, or the appropriate class ofTSO-C112 

(ModeS). (emphasis added)

ATC transponders are not required for operations 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 

Federal BLM Contracting Officer, we may may choose to install a transponder on our sUAS 

Platforms. We believe that the reference to TSO-C74b and TSO-C74c may be outdated as the 
17

FAA's website indicates that those versions ofTSO-C74 are no longer valid. We also believe that 

it may be possible to purchase 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 unable 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 provision. The FAA has previously granted .an 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.

Summary

DCS submits the details for each of these areas as a confidential document under 49 CFR 7.13 as 

the material 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 conditions and procedures that are not available to the public and are 

protected from release under the Freedom of Information 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 airworthiness certificate, given the unique multidirectional 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’ limited-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.

Respectfully,

Michael J. Erickson

President, Drone Co-Habitation Services (DCS)

President, Aviation Management Inc., LLC (AMI)
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19

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.

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.
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 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.

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 

enforcing a GSC to monitor aircraft peripheral telemetry allows the PIC and SO to further 
21

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.

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