U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Re: Amendment to exemption

Dear Sir or Madam:

Midstream Integrity Services requests an amendment to the previously issued 333 exemption, 

Exemption 11554A (as well as any amendments for a company name change previously 

submitted to the docket FAA-2015-0377) to allow flight of unmanned helicopters closer than 

500 feet from non-participating structures. Currently, the exemption states:

26. All flight operations must be conducted at least 500 feet 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 operator must 

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 in a manner ensuring the 

safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects 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.

This guidance appears to be from section 91.119 of the code of federal regulations which states:

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. (Emphasis added)

Given that the FAA has determined that SUAS are in fact aircraft and given the following 

definitions according to 14 CFR 1.1: 

Aircraft. A device that is used or intended to be used for flight in the air.

Aircraft Classification. The term “classification,” as used with respect to the certification of 

aircraft, means a broad grouping of aircraft having similar characteristics of propulsion, flight, or 

landing, that is, airplane, rotorcraft, glider, or balloon.
Rotorcraft. A heavier-than-air aircraft that depends principally for its support in flight on the lift 

generated by one or more rotors.

Helicopter means a rotorcraft that, for its horizontal motion, depends principally on its 

engine-driven rotors.

Multirotor SUAS are indeed, by the definitions provided in 14 CFR 1.1, helicopters. As such the 

following subsection of section 91.119 of the code of federal regulation applies:

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the surface--

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA; and

Therefore, we request that the Secretary modify the exemption previously granted to Midstream 

Integrity Services [pending name change to US DataWing Aerial Analytics] to only prohibit the 

operation of a small unmanned aircraft over a non-participating person. One of the possible 

consequences of loss-of-positive-control is that the aircraft will immediately crash into the 

ground upon loss of control inputs from the operator. Because a loss of positive control can 

happen at any moment, this proposed prohibition on operating small unmanned aircraft over 

most persons will minimize the risk that a person is standing under a small unmanned aircraft if 

that aircraft terminates flight and returns to the surface. This prohibition would not apply to 

persons inside or underneath a covered structure that would protect the person from a falling 

small unmanned aircraft. We believe this request to be in the public interest for the following 

reasons:

• The previously issued guidance in Exemption 11554A unnecessarily restricts the use of 

SUAS in residential environments.

• The use of SUAS in residential environments facilitates improved safety by removing the 

necessity for humans to climb rooftops for the purposes of visual inspection.

o Numerous incidents occur each year that result in injury or death of roof 

inspectors.

o According to data from the department's Bureau of Labor Statistics, an average of 

40 workers are killed each year as a result of falls from residential roofs.

 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NE

WS_RELEASES&p_id=19005

• The NPRM regarding UAS regulation proposes to remove the 500’ restriction, however 

the time until the rule becomes law could exceed several months or even years. In that 

time many individuals will lose their lives. Some of those lives will be saved by approval 

of this request. 
Respectfully submitted,

Landon Phillips

Program Manager, Unmanned Aerial Systems

Midstream Integrity Services