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 f light 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 th e 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 immediat ely 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 operat ing 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 air craft 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, v essel, 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 balloo n.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 th e 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 r outes 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. Bec ause 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 a nd 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

rea sons:

• 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 ap proval of this request.Respectfully submitted,

Landon Phillips Program Manager, Unmanned Aerial Systems Midstream Integrity Services