U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Re: Exemption Request; Section 333 of the FAA Modernization & Reform Act

and Part 11 of the Federal Aviation Regulations from 14 C.F.R.

45.23(b);14 CFR Part 21; 91.7 (a); 91.9 (b) (2);

91.103(b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.405

(a); 91.407(a) (1 ); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

Midstream Integrity Services, LLC (henceforth referred to as “MIS”) hereby petitions the Secretary 

of Transportation and Federal Aviation Administration ("FAA") for exemption to the above 

referenced and below more fully described Federal Aviation Regulations. This exemption is being 

sought for the purpose of utilizing Unmanned Aerial Systems (UAS) to conduct inspections of 

vertically developed structures, pipelines, right of ways, and provide cost effective aerial imagery 

services while also inspecting for hydrocarbon gas leaks. The leadership team at MIS (Steven Fargo, 

and Landon Phillips) has a proven track record in aviation with over 4,000 hours combined flight 

time in fighter and trainer aircraft, instructor pilot certifications, evaluator pilot certifications, 

instrument pilot certifications, commercial pilot certifications, and U.S. Air Force flight safety officer 

/ mishap investigation training. 

Public Interest

MIS believes that relief from the aforementioned regulations will benefit the public interest in the 

following manners:

• Removal of human risk from flight operations.

• Removal of human risk from gas detection inspections.

• Removal of human risk from structural inspections.

• Reduction in gas emissions associated with powered flight.

• Reduction in risks associated with factory shutdowns and startups.

• Improvement in ability to provide data to oil and gas operators regarding pipeline 

encroachment.

• Improvement upon cost efficiencies associated with manned flight.

Aircraft and Equipment

MIS will use the following three unmanned aircraft (UA) for inspection and photography work:

• DJI S900 (hexa-rotor)

o Capable of sustained flight in the event of single motor failure. In the event of motor 

failure PIC will execute emergency recovery procedures to the nearest suitable 

landing surface.

Aircraft gross weight will not exceed respective operation manual guidance.

MIS will use the following ground support equipment:
• DJI laptop Ground Control Station (DJI aircraft)

o http://www.dji.com/product/pc-ground-station/download

• DJI iPad Ground Control Station (DJI aircraft)

o http://www.dji.com/product/ipad-ground-station/download

• DJI Lightbridge video downlink (DJI aircraft)

o http://www.dji.com/product/dji-lightbridge/download

Operating characteristics and maintenance procedures are outlined in the attached operations 

manuals. The radio frequency spectrum used for operation and control of the UA will comply with 

the Federal Communications Commission (FCC) or other appropriate government oversight agency 

requirements.

All aircraft operated in accordance with this exemption will be identified by serial number, registered 

in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 

14 CFR part 45, Subpart C. Markings will be as large as practicable.

If the UA loses communications or loses its GPS signal, it will return to a pre-determined location 

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

documents.

Altitude awareness will be maintained via a radio communications telemetry data link, which 

downlinks from the aircraft to the PIC for active monitoring of the flight path. The altitude 

information will be generated by GPS equipment installed on the aircraft. Prior to each flight, a zero 

altitude initiation point will be established and confirmed for accuracy by the UAS PIC. Thus, MIS 

requests relief from 14 CFR 91.121 Altimeter Settings as previously granted in Exemption No.11109, 

Clayco Inc.

Pilot In Command

The PIC will possess at least a private pilot certificate and at least a current third-class medical 

certificate. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an 

aircraft in which the PIC is rated on his or her pilot certificate. 

Visual Observer

All operations will utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to 

communicate verbally at all times. Electronic messaging or texting will not be permitted during flight 

operations. The PIC will be designated before the flight. The PIC will not transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the functions 

prescribed in the operating documents. The VO will not perform any other duties beyond assisting 

the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments.

Training

MIS will not permit any PIC to operate unless the PIC meets the operator’s qualification criteria in 

the attached training syllabus (attached) and demonstrates the ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption, including evasive and 
emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours will be logged in a manner consistent with 14 CFR § 

61.51(b). The VO will also be required to complete the operator’s training requirements. A record of 

training will be documented and made available upon request by the Administrator. Flights for the 

purposes of training the operator’s PICs and VOs (training, proficiency, and experience-building), 

will be permitted during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations will be considered nonparticipants, and 

the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 

CFR § 91.119. 

Maintenance

MIS will carry out its maintenance, inspections, and record keeping requirements, in accordance with 

the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts will be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the UAS to service.

Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. 

The PIC who conducts the functional test flight must make an entry in the aircraft records.

Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight (relief 

from 14 CFR 91.7(a) Civil aircraft airworthiness, reference Exemption No. 11109 granted to Clayco, 

Inc.) The pre-flight inspection will account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the operating 

documents. If the inspection reveals a condition that affects the safe operation of the UAS, the 

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

the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in 

the preflight inspection. All maintenance and alterations will be properly documented in the aircraft 

records.

Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins. The 

authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections.

Safety

MIS is committed to ground and flight safety. A flight safety program will be implemented to ensure 

appropriate dissemination of information and adherence to FARs and this exemption. MIS has 

staffed a former U.S. Air Force trained Flight Safety Officer (FSO) / mishap investigator to 

impliment a safety program consistent with the needs of small UAS flight.

Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration 

Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

Availability of Documentation
The operating documents associated with this exemption will be accessible during UAS operations 

and made available to the Administrator upon request. 

Flight Operations

MIS will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations under this grant of exemption. MIS will also request a 

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

the operation. All operations shall be conducted in accordance with airspace requirements in the 

ATO issued COA including class of airspace, altitude level and potential transponder requirements.

Mission planning will be accomplished prior to flight. A preflight briefing will be conducted by the 

PIC and VO, as well as with any other observers (company representatives, licensed inspectors, etc.)

prior to commencement of operations.

The UA will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the 

PIC to be able to use human vision unaided by any device other than corrective lenses, as specified 

on the PIC’s FAA-issued airman medical certificate.

The UA will be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents. All altitudes reported to ATC will

be in feet AGL.

The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC.

UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will

be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) are not authorized.

The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current 

FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management will be made available to the 

Administrator upon request.

The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point and 

land the UA with 30% battery power remaining.

The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents will be made available 

to the Administrator or any law enforcement official upon request.

The UA will remain clear and yield the right of way to all manned aviation operations and activities 

at all times. 

The UA may not be operated over congested or densely populated areas.
Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other 

than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

• Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

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

flight operations must cease immediately and/or;

• The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission and 

the PIC has made a safety assessment of the risk of operating closer to those objects 

and determined that it does not present an undue hazard, and;

• Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

All operations shall be conducted over private or controlled-access property with permission from the 

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

authorized representative will be obtained for each flight to be conducted.

The UA will not be flown at an indicated airspeed exceeding 30 knots.

The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents.

Conclusion

MIS requests a review of the aforementioned relief request at the earliest date practicable. We 

believe we have addressed all the requests and requirements set forth by Section 333 relief guidance 

and that our request is in line with previously approved relief requests. It is our recommendation that 

the Secretary of Transportation and FAA approve the exemption for Midstream Integrity Services, 

LLC due to the favorability of the public interest and the ability of the exemption to provide a level 

of safety at least equal to that provided by the rules from which exception is being sought. 

Steven Fargo

Managing Director

Midstream Integrity Services

Attachments:

(1) DJI S900 Operations Manual

(2) DJI A2 Flight Controller Operations Manual

(3) DJI Ground Station User Manual, PC
(4) DJI Ground Station User Manual, iPad

(5) DJI 2.4G Bluetooth Datalink User Manual

(6) DJI Lightbridge User Manual 

(7) MIS Unmanned Aircraft Division – ROAV PIC / VO syllabus