Midwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 1 of 10 

# Petition for Exemption 14 CFR # 11.81

A Part of FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 333

December 31, 2015

Sought for: Midwest UAS Services & Supply LLC (A Startup Company)

Hague E. Howey CEO/President

15206 Dorcas Circle (Temporary operating address)
Omaha, Nebraska 68144
Hague.Howey@MidwestUASservices.com

402-330-5182Midwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 2 of 10 

### Sections of 14 CFR upon which relief is being sought:

Air Worthiness Certification:

The UAS planned for use are: DJI Inspire 1 Professional; DJI Phantom 3; Altus Delta X8; SenseFly eBee EXOM; SenseFly eBee Ag; SenseFly eBee RTX; SenseFly SA eBee; SenseFly SA eBee RTK; DJI Spreading Wings S1000 Professional Octocopter. These all have been approved by the FAA prior to this submission and certified by the Manufacturers as complying with:

Statutory criteria provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that these aircraft meet the conditions of Section 333. Therefore, the FAA is being asked for relief from 14 CFR part 21, Certification procedures for products and parts, 2 Subpart H—Airworthiness Certificates, and any associated noise certification and testing requirements of part 36.



### Specific sections of 14 CFR that we are seeking relief, to carry

out business activities of:

Aerial surveying, mapping & photography; other civil engineering data gathering such as shoring & retaining wall condition analysis, dam & levy assessments; and motion metrics; videography; insurance inspection; real estate documentation & presentment; agriculture crop & livestock management; marketing, cinematography, legal documentation, infrastructure analysis, motion picture, technology, government, private & public security, law enforcement use as directed, technology, oil rig inspection, gas pipeline & product pipeline inspections; wind turbine inspection, power transmission & distribution line inspections & routes; research & education; project & construction management/progress documentation; search & rescue; golf course management, environmental inspection & assessment; economic geography, inventory data collection, disaster assessment & FEMA directed, fish & game inspection & management, land fill assessments; bridge, paving & tower assessments; interior structures; interior & exterior assessments of smoke stacks; solar farm assessment, infrared imaging for inefficiencies of photovoltaic cells,Midwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 3 of 10 roof leaks & structure envelopes; rail & harbor assessments; forestry management data and fire suppression; closed set motion picture filming, event & attraction marketing; environmental abnormalities data collection, and UAS training plus any applications where humans maybe at risk in making an assessment or where human welfare can only be accessed &

assessed.

The fore listed activities have characteristics of high risk factors to human life, if conducted by traditional methods; deployment of applied technology can avoid and/or avoid human suffering and disruption of daily living activity; previously traditional methods were not able to be conducted with the same precision that new technology can render; environmental advantages are gained by less disturbance of wildlife and plants; greater precision and quicker diagnosis of illness in animals and identification of plant stress and disease. If called upon by Law Enforcement, the above devices can aid in protecting the public and officials through both distant and close surveillance,

searches and assessments.



### Basis for Request:

The FAA has previously issued grants of exemption in circumstances similar in all material respects to those presented in this petition. Those being in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), and 12645 to Allied Drones (see Docket No. FAA-2014-0804), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by that petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gave the FAA good cause to find that a UAS operation was in the public’s best interest thus giving cause for the exemption approval.



### As a Condition of Granting this Exemption:

Midwest UAS Services & Supply LLC , will subscribe to the same restrictions and limitations imposed upon others granted this exemption withMidwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 4 of 10 the understanding that failing to comply with any of the conditions and limitations of this exemption, will be grounds for the immediate suspension

or rescission.

1. Operations authorized by this grant of exemption is limited to: The UAS planned for use: DJI Inspire 1 Professional; DJI Phantom 3; Altus Delta X8; SenseFly eBee EXOM; SenseFly eBee Ag; SenseFly eBee RTX; SenseFly SA eBee; SenseFly SA eBee RTK; DJI Spreading Wings S1000 Professional Octocopter, all appearing on the FAA’s approved list of UAS when weighing less than 55 pounds, including payload. Proposed operations of any aircraft not included in this list will generate a new petition and request for modifying this granted operating exemption.

2. Operations for the purpose of closed-set motion picture and television filming are called out in a special section (Items 30 - 32).

3. The UA will not be flown at a speed exceeding 87 knots (100 miles per hour). This will be determined by groundspeed or calibrated airspeed. In no case will the UA be operated at airspeeds greater than the maximum UA specified by the aircraft manufacturer.

4. The UA will not be operated at an altitude greater than 400 feet above ground level (AGL). Flight records will document the maximum altitude of a completed mission.

5. The UA will all ways be operated in visual line of sight (VLOS) of the PIC. The PIC will maintain eye view of the UA at all times during a mission unaided by any device other than corrective lenses that are specified on the PIC’s current Medical Certificate, which is to be on his person while on a flight

mission.

6. All flight operations will have a visual observer (VO). The UA will be operated within the visual line of sight (VLOS) of the PIC and VO, at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will always be able to communicate verbally during a mission; electronic messaging or texting will not be allowed during flight operations. The PIC will be designated before a flight and will not be transferred during a flight’s duration. The VO will beMidwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 5 of 10 chosen by the PIC based upon their ability to carry out completely their

accountabilities.

7. A copy of the issued FAA Exemption plus any amendments, Manufacturers Operation Manual with updates, UA Flight Log, Flight Plan, Company Policy Manual, and Pilots Qualifying Certification, will be made available for inspection upon request by any official at the site of an active operation.

8. Anytime a payload is changed or a new PIC is assigned and is not familiar with the equipment, it will be required that they undergo a functional test flight and they will not begin a mission until such time as they have become comfortable in the handling of the UA and its equipment. Test flights will be conducted by the PIC with a VO that will be at least 500’ away and in the absence of any objects or persons that may be exposed to a risk or danger should there arise a problem. Such test duration and/or decision to abort will

be at the discretion of the PIC.

9. The Director of Field Operations has the responsible for maintaining and inspecting the UAS on a routine basis to ensure that it is in a condition for safe operation.

10. The PIC has the responsibility of following the Company’s specified manufacturer preflight check list and making any adjustments to the UA as required to make it ready for flight. The adherence to the prescribed check list will be documented with any modifications to the UA logged in it’s respective maintenance manual. Any discovered conditions which can’t be properly addressed, are to be brought to the attention of the Director of Field Operations with the UA prominently “Red Lined” and tagged prominently as

out of service.

11. Hours for each UA will be individually logged and tracked such that each flight mission log sheet will have the ascending (accumulated hours) descending (hours remaining) until the manufacturers specified interval of inspection/service/substantial overhaul/or replacement is reached on the UA or any of its components.

12. All UAS Manufacturer bulletins, when received, will be logged, directive actions taken with dates noted as to the action taken, copies made with theMidwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 6 of 10 originals placed in the master UA office log and copies placed in the UA’s traveling document log.

13. All PIC’s will be holders of either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, territory, possession, or the Federal government. The PIC will be current on his requirements specified in 14 CFR § 61.56 in an aircraft for which he is rated on his/her pilot certificate.

14. The Field Operations Manager (Chief Pilot) of Midwest UAS Services & Supply LLC, will determine by what measures or means of demonstrated competency will be required before a person will become designated as a PIC under the exemption. This will include evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Flights for thepurposes of training PICs and VOs (training, proficiency, and experiencebuilding) will be focused on the PIC’s ability to safely operate the UAS commensurate with flight assignments. Training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential to flight operations, nonparticipants, will be kept an appropriate distance from flight operations, in accordance with 14 CFR § 91.119.

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

. FAA (14 CFR 1) Night means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time). All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) will not be conducted with UAVs.

16. The UA will not be operate 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 the airport’s management signing off on a letter of authorization setting out the conditions of such authorization or otherwise permitted by a COA issued to Midwest UAS Services & Supply LLC. TheMidwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 7 of 10 letter of agreement with the airport management will be on site and available for viewing by an FAA Administrator or any law enforcement official upon request.

17. 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.

18. Any tethered UAS operations will have colored pennants or streamers attached at not more than 50’ intervals beginning 150’ above the surface of the earth and visible from at least one mile. The requirement for pennants or streamers will not be followed when the air operation is below the top of and within 250’ of any structures as long as the UA operation does not obscure structure lighting.

19. If the UAS loses communications or loses its GPS signal, the UA will beprogramed to return to a pre-determined location within the controlledaccess property.

20. The PIC will abort any flight in an event of unpredicted obstacles, emergencies or any other variant conditions which, in his judgment, elevates risk factors to the living or property.

21. The PIC will not begin a flight unless, wind and forecasted weather conditions, allows enough available power for the UA to conduct the intended operation plus, has at least a 5 minute power reserve—greater if it is recommended by the manufacturer to be greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations will be conducted in accordance with an ATO-issued COA. If we anticipate/perceive the need to alter/deviate operations from our authorized COA, we will make application for an amended COA. Until that amended COA is received, operations will continue within the scope of the

active COA.

23. 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. All markings will be as large as practicable.Midwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 8 of 10 24. Documents used by the operator to ensure the safe operation and flight of the UAS plus any other 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 aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

25. The UA will always give way and stay clear of all manned aviation operations and activities.

26. The UAS will not be operated by the PIC from any moving device or

vehicle.

27. All Flight operations will be conducted at least 500’ from all nonparticipating persons, vessels, vehicles, and structures unless:

a) Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The Midwest UAS Services & Supply LLC will ensure that nonparticipating persons will remain protected during flight operations. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons*. b) The owner/controller of any vessels, vehicles or structures maybe asked and if permission is granted, for operating closer to objects than these minimums plus, upon the PIC’s safety assessment; that there is no increased risk or undo hazard, these limits can be modified*.

*We have the understanding that the PIC, VO, operator trainees are essential personnel, thus considered participants and are excluded from the above, classification as nonparticipants.

28. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained before each flight is conducted.Midwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 9 of 10 29. All incidents, 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 will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.



### Operations in closed-set motion picture and television Filming:

We are request your further consideration of an extension of our exemption to include closed-set motion picture and television filming and production, with the understanding, that these align with additional conditions and limitations, imposed upon others:

30. We will have a motion picture and television operations manual (MPTOM).

31. At least 3 days before aerial filming, Midwest UAS Services & Supply LLC the operator of the UAS will submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. (It is our understanding that the 3-day notification may be waived with the concurrence of the FSDO). The plan of activities will minimally include: a) Dates and times for all flights. b) Name and phone number of Midwest UAS Services & Supply LLC, the UAS aerial filming contractor operating under this grant of exemption. c) Name and phone number of the person responsible for the on-scene operation of the UAS. d) Make, model, and serial or N−Number of UAS to be used. e) Name and certificate number of UAS PICs involved in the aerial filming. f) A statement that Midwest UAS Services & Supply LLC, has obtained permission from property owners and/or local officials to conduct the filming production event—a list plus contact information for each of those granting permission which could be made available to any inspector or official that might request.Midwest UAS Services & Supply LLC, Hague Howey, 15206 Dorcas Circle, Omaha Nebraska 68144

(402) 330-5182 Hague.Howey@MidwestUASservices.com Page 10 of 10 g) Signature of an official of Midwest UAS Services & Supply LLC or designated manager. h) This document is to include a description of the flight activity, including maps and/or diagrams of any area, city, town, county, and/or state over which the filming will be conducted and the altitudes essential to accomplish the operation.

32. If Flight operations are to be conducted closer than 500 feet from any involved participants, those participants will sign an acknowledgement and consent for the filming production, as specified in the MPTOM. The UAS PIC, and the UAS operation will comply with all applicable parts of 14 CFR including parts 45, 47, 61, and 91.

Importance of your Granting of this Requested Waver:

Your granting of this waver is the foundation for a new Start up business. Without your approval, this new business cannot proceed forward. The founder, Hague Howey, is very active in the Omaha Community which he has made a hobby, starting over 30 years ago when he founded Hague Howey Custom Builders Inc. The economic down turn of 2007 – 2008 in construction, like many, forced him to reassess and close out operations. The outstanding leadership role filled by him in serving on Chamber Boards and Youth Mentoring also came to a close. It is his desire to reestablish his role and public service using Midwest UAS Services & Supply LLC , as a vehicle in continuing his hobby of Community Service. Because of his ascribed to personal standards it is his hope--to be looked upon as one of the founders and integrators of this new technology in public use and service while realizing the tremendous challenges that exist to Public Safety.