U.S. Department of Transportation

Docket Management System 1200 New Jersey Avenue, S.E. West Building Ground Floor, Room W12-140 Washington, DC 20590 

## Petition for Exemption under Section 333 of the FAA Modernization and Reform Act and 14 CFR Part 11.81 of the Federal Aviation Regulations August 15, 2015

Petitioner: Midwest Aerial Vantage Michael Romanowski, Owner 500 N Dominic Ave, Sioux Falls, SD 57107 Tel .: 605.413.8490 Email: mwaerialvantage@gmail.com

Dear Sir or Madam,
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C. F. R. Part 11.81, Midwest Aerial Vantage, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small, unmanned aircraft for aerial data acquisition. AII operations shail be conducted within and under the conditions and limitations outlined previously by the FAA as required by Section 333.

Sections from which exemr)tions are souaht Application is hereby made for exemption from:
a. 14 CFR Part 21, subpart H b. 14 CFR Part 61.113(a) and (b)
c. 14 CFT Part 91:

i. 91.103(b)(2) ii. 91.105 iii. 91.109 iv. 91.119
v. 91.121 vi. 91.151 vii. 91.405 viii. 91.407 ix. 91.409
x. 91.417

2. Relief sought:

a. Midwest Aerial Vantage wishes to operate small Unmanned Aircraft Systems (sUAS) for commercial purposes to acquire visual and other data by air. This relief is sought because commercial use of sUAS is currently prohibited by law unless performed under an exemption.

b. This exemption is requested to cover use of the following airframes, all of which will weigh less than 55 pounds including payload and energy sources: i. DJI Inspire 1 -www.dji.com/product/inspire-1/spec ii. Other models to be added by future amendment to this exemption.

3. Public benefit:

a. Use of sUAS technology to obtain imagery, information and data currently obtained by use of manned flight or manual methods: i. 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, falls from roof tops during roof inspections). ii. Reduces the cost of obtaining such information, which benefits consumers and the economy. iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions from manned aircraft.4. Safety not adversely affected: a. Aircraft will be registered and marked in accordance with Section 44711 and Part 47 and Part45, Subpart C.
b. Aircraft will comply with maintenance and inspection requirements and recommendations of the manufacturer. AII repair and maintenance work will be conducted or approved by qualified personnel such as those employed by a manufacturer authorized repair facility, and will require a test flight after such work. Records of all maintenance and repair work will be kept in a maintenance log for each aircraft.
c. AII flight operations will be conducted by at least two individuals (PIC and observer) who will maintain verbal communication capability with each other at all times during the flight, and who will remain stationary on the ground during the flight operations: i. A Pilot In Command (PIC) who possess the following credentials:

1. An airline transport, commercial, private, recreational or sport pilot airman certificate. 2. A current Third Class medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. 3. A bi-annual flight review under 14 CFR 61.56 4. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR 61.51(b). ii. A Visual Observer. iii. A Sensor Operator as necessary.
d. AII flight operations will be conducted in accordance with valid Certificates of Authorization.
e. AII flight operations will comply with the following:

i. The manufacturers' user manuals. ii. Midwest Aerial Vantage Flight Operations and Procedures Manual (FOPM). iii. Conducted in VMC conditions during daylight hours. iv. PIC and VO will maintain VLOS at all times.
v. Pre-flight inspections (including ground control station, if any) and safety risk assessments witl be conducted prior to each flight. vi. Flight altitudes will remain below 200 feet above ground level unless a COA is obtained in addition to the blanket COA provided by granting approval of this petition. vii. Flight ground speeds will not exceed 87 knots (100 miles per hour). viii. UAS will not be operated 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 Midwest Aerial Vantage. The letter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon request. ix. Not be made near persons as required in 14 CFR 91.119 and not over persons on the ground without their prior permission.

x. Each flight will be logged in both the PIC's logbook and the aircraft logbook. xi. Not exceed 75% of the battery or fuel capacity of the aircraft, or 30 minutes, whichever occurs first. xii. Any incidents will be reported within 24 hours of occurrence. xiii. Any applicable local FSDO requirements. xiv. AII other applicable regulations concerned with the operation of aircraft.

f. Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with well-defined and tested lost link procedures.

Thank you for considering this petition and please advise us of any additional information or changes that may be required.

Sinc 

# ~ ly,

Michael Roma owski 

# ~ Owner/Operator and Chief Pilot Midwest Aerial Vantage