# • "HEATH fCONSULTANTS Heath Consultants Incorporated December 1 7, 20 15

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 

### Re: Submission of Request for Authorization to Conduct Unmanned Aircraft System Operations Allowed by Section 333 of the FAA Modernizations and Reform Act of 2012 Through the Exemption Process Identified Under 14 C.F.R. Section 11.81. Dear Secretary: Pursuant to Section 333 ofPL 112-95 commonly known as the "FAA Modernization and Reform Act of 2012" or "the Reform Act", Heath Consultants Incorporated (Heath) petitions for authorization to conduct commercial unmanned aerial system (UAS) operat ions using a 2015 InstantEye Mk-2 for the oil and gas production, transportation, and distribution industry within the United States National Airspace System (NAS). These operations include, but not limited to , Natural Gas Leak Detection, Research and Development, Aerial Surveys, Mapping, and Inspections that consist of still photographs, video , and other data obtained by onboard sensors . The name and address ofthe applicant is: Heath Consultants Incorporated Attn: Jim Rutherford, Vice President Products Business Unit (PBU) 9030 Momoe Rd Houston, TX 77061 Phone: 713

- 844-1300 j.rutherford@heathus
.com Heath petitions to be exempt from the following C.F .R. s in accordance with precedent set by the following approvals: Exemptions 11062 through 11067 , 11080, 11109, 11110 and 11213. Heath also requests the secretary determine that good cause exists for not publishing a summary ofthe petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.
1 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone : (713) 844-1300 • Fax: (713) 844-1309

# • " "' HEATH fCONSULTANTS Heath Consultants Incorporated

The regulations from which the exemption is requested are as follows: 14 C.F.R. 

### § 61.23(a) and (c) , 14 C
.F
.R. 

### § 61.101(e)(4) and (5) , 61.113 (a) and (b), 61.315(a); 14 C.F
.R
. 

### § 91.7(a) ; 14 C.F.R. 

### § 91.103; 14 C.F
.R. § 91.109(a) 14 C.F.R. 

### § 91.119(c); 14 C.F.R. § 91.121 14 C
.F.R
. 

### § 91.151(a) ; 14 C.F.R. 

### § 91.405(a) , 91.407(a) ( 1) , 91.409(a)(2) , 91.417(a) and (b) Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level ofsafety, and are in the public interest. Since 1933 , Heath has been the leading service provider, manufacturer and distributor for a wide range of gas detection, pipe and cable locating and odorant analysis equipment. Heath's products and services are designed to meet the midstrean1 , upstream and downstream markets. Our services include walking and mobile leak surveys , gas leak pinpointing, odor complaint response, greenhouse gas emissions programs , underground utility mark-outs/locating, meter reading, meter change-out/AMR/AMI and a number ofsupport services
. Heath' s use ofunrnanned aerial systems will result 

### in improved gas leak surveying, which will improve pipeline safety and greenhouse gas errusswn. Equivalent Level of Safety The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate w ith the limitations li sted herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement ofoperations that would be conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 11067, 11080, 11109, and 11110. Below are the limitations and conditions to which Heath (or " operator" ) agrees to be bound when conducting commercial operations under an FAA issued exemption: l. Operations will be limited to the Unmanned Aerial Systems (UAS) listed below with type, weight and airspeeds indicated
. All UAS listed have a weight of les s than 55 pounds including payload, and a maximum airspeed ofless than 87 knots (1 00 miles per hour)
. 2 Corporate Headquarters: 9030 Monroe Road, Houston , Texas 77061-5229 Phone: {713) 844-1300 • Fax: (713) 844-1309

# • ""HEATH ICONSULTANTS
Heath Consultants Incorporated Proposed opera tions ofany other aircraft will require a new petition or a petition to amend this exemption.


### a. Overview 

### 2015 InstalltEye Mk-2. The InstantE ye is a small aerial system that is hand-launched, flown, and handrecovered by one person. The vehicle weighs less than 1.5 lbs. and can cany an additiona l 1 lb. payload. It transitions from a stowed configuration to airborne in less than 30 seconds and flies for up to 30 minutes while providing rapid situational awareness and sensor operation. b. JnstantEye offers exceptional stabilit y, pos1t10n hold, and responsiveness : "Manua l" mode gives the user total control at speeds up to and limited to 60 mph. " Ait" and " GPS" provide capabilities for vertical and horizontal position hold, travel to waypoints at speeds up to 30 mph and vertical climb rates of2000 ft ./min. 2
. The UAS will not be operated at a speed exceeding 87 knots ( 100 miles per hour). In no case will the UAS be operated at airspeeds greater than the maximum UAS operating airspeed recommended by the aircraft manufacturer. 3
. The UAS will be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude will be reported in feet AGL. 4. The UAS must be operated within visual line of sight (VLOS) of the pilot-in-command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than conective lenses, as specified on the PIC ' s FAA

-issued airman medical certificate or U.S. driver's license. 5
. All operations must utilize a visual observer (VO). The UAS must be operated within the visual line of sight (VLOS) ofthe PIC and VO at all times. The VO may be used to sati sfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO can perform the duties required ofthe VO.
6. A copy ofthe FAA approved exemption and all documents needed to operate the UAS and conduct it s operations in accordance with the conditions and limitations stated in the grant of exemption, will be hereinafter referred to as the opera ting documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations 3 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844-1300 • Fax: (713) 844-1309

# • "'"' HEATH (CONSULTANTS Heath Consultants Incorporated
in the FAA approved exemption and the procedures outlined in the operating documents, the conditions and limitations in the FAA approved exemption take precedence and must be followed
. Otherwise, the operator must follow the procedures as outlined in its operating documents
. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension of or an1endment to its FAA approved exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted its exemption, then the operator must petition for an amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 8. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 9. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies , e.g. , inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 10. The operator will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection , and life limit requirements for the aircraft and aircraft components. ll. Each UAS operated under this petition will comply with all manufacturer safety bulletins. 12. The PIC must hold either an airline transport, commercial, private, recreational , or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid 4 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844 - 1300 • Fax : (713) 844-1309

# •

**HEATH** (CONSULTANTS
Heath Consultants Incorporated
U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. 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. 13. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this petition for exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels , vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51 (b). Flights for the purposes oftraining the operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC ' s ability to safely operate the UAS in a manner consistent with how the UAS will be operated will adhere to the conditions and limitations specified within this petition for exemption. Training operations may only be conducted during dedicated training sessions
. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 14. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 15. The UAS may not 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 that airport' s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 16. The UAS may not be operated Jess 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. 17. If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the private or controlled-access property.
5 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844-1300 • Fax: (713) 844-1309

# • • "" HEATH fCONSULTANTS
Heath Consultants Incorporated
18. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies. 19. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for a least 5 minutes or with the reserve power recommended by the manufacturer, if greater. 20. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. 21
. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and ha ve identification (N-Number) markings in accordance with 14 CFR part 45 , Subpart C. Markings must be as large as practicable. 22. Documents used by the operator to ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR 

### § 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating
. These documents must be made available to the Administrator or any law enforcement official upon request. 23. The UAS must remain clear and give way to all manned aviation operations and activities at all times. 24. The UAS may not be operated by the PIC from any moving device or vehicle. 25. 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 UAS 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 lea ve such protection and are within 500 feet ofthe UAS, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

6 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: {713) 844-1300 • Fax: {713) 844-1309

# • "",HEATH fCONSULTANTS Heath Consultants Incorporated 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. The PIC , VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 26. 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 for each flight to be conducted. 27. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA ' s UAS Integration Office (AFS-80) with 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
. Unless otherwise specified in this petition for exemption, the UAS , the UAS PIC, and the UAS operations will comply with all applicable parts of 14 CFRincluding, but not limited to, parts 45 , 47 , 61, and 91. The operation of small UAS , weighing less than fifty pounds , conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at relatively slow speeds, near the ground, and in areas that are under the control of the operator. As a result, they are far safer than conventional operations conducted with manned aircraft operation in close proximity to the ground and people. Sincerely ,

Vice President PBU Heath Consultants Incorporated

7 Corporate Headquarters: 9030 Monroe Road , Houston , Texas 77061-5229 Phone : (713) 844-1300 • Fax: (713) 844-1309

# • "" "HEATH fCONSULTANTS Heath Consultants Incorporated APPENDIX A Regulations- Exemption Requested
• 14 C.F.R. § 61.23(a) and (c),
• 14 C
.F.R. § 61.101(e)(4) and (5) , 61.113 (a) and (b), 61.315(a);
• 14 C.F.R. § 91.7(a);
• 14 C.F
.R. § 91.1 03;
• 14C.F
.R.§91.109(a)
• 14C.F.R.§91.119(c);
• 14 C.F
.R. § 91.121
• 14 C.F
.R. § 91.151(a);
• 14 C.F.R
. § 91.405(a), 91.407(a)(l), 91.409(a)(2), 91.417(a) and (b) Pursuant to 14 C.F.R. § 11.81 (e) , Heath Consultants Incorporated seeks exemption from the below mentioned regulations and provides reason as to why the exemption should be approved based on the level of safety at least equal to that of which the rules require.
• 14 C.F.R. 

### § 61.23(a) and (c);

**~** 

### States: (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person: ... and (c) Operations requiring either a medical certificate or U.S. driver ' s license
. As set forth within FAA granted Exemptions 11062 through 11067, 11080, 11109, 11110 and 11213 and others, the minimum requirement to operate a UAS for commercial purposes is to hold at least a sport license and a valid driver' s license. The granted exemptions exempt the UAS PIC from this limitation to his or her license. Heath petitions for the same exemption as approved within the previously listed exemptions.
• 14 C.F.R. 

### § 61.101 (e)(4) and (5), 61.113 (a) & (b), 61.315(a);

**~** 61.101 (e)(4) and (5); 

### States: (4) Except as provided in paragraphs (d) and (i) of this section, a recreationalpilot may not act aspilot in command of an aircrafi- (4) For compensation or hire ; (5) Infurtherance of a business:

8 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844-1300 • Fax: (713) 844-1309

# • )'"" HEATH fCONSULTANTS
Heath Consultants Incorporated
)> 61.113 (a) and (b); 

### States: (a) Except as provided in paragraphs (b) through (g) ofthis section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carryingpassengers orproperty for compensation or hire; nor may thatperson,for compensation or hire, act aspilot in command of an aircraft. (b) A privatepilot may ,for compensation or hire, act aspilot in command of an aircraft in connection with any business or employment if: )> 61.315 (a); 

### States: (a) 

## If you hold a sportpilot certificate you may act aspilot in command of a light-sport aircraft, except as specified inparagraph (c) of this section. (c)(2) For compensation or hire; (c)(J) Infurtherance of a business; Under the current limitations ofa private, recreational, or sport pilot license, a pilot holding a valid private, recreational or sport license cannot operate for compensation or hire or in the furtherance of a business. As set forth within FAA granted Exemptions 11062 through 11067, 11080, 11109,11110 and 11213 and others, the minimum requirement to operate a UAS for commercial purposes is to hold at least a sport license and a valid driver's license. The granted exemptions exempt the UAS PIC from this limitation to his or her license
. Heath petitions for the same exemption as approved within the previously listed exemptions
. • 14 

### C.F.R. § 91.7(a) )> 

### States: Noperson may operate a civil aircraft unless it is in an airworthy condition
. Currently, there are no airworthiness certificates for the proposed UAS. Pre- and postflight inspections will be accomplished in accordance with manufacture's maintenance manual(s) and guidance
. During flight, the PIC will adhere to C.F.R. § 91.7(b) and abort air operations immediately upon identification ofan in-flight emergency. By applying the prescribed operations, inspection and maintenance procedures within the limitations and conditions of Heath's petition for exemption, an equivalent level of safety will be achieved.
• 14 

### C.F.R
. § 91.103 )> 

### States: Eachpilot in command shall, before beginning a .flight, become.familiar with all available information concerning that.flight. This information must include

- (paragraphs a, b , I and 2)
. A pre-flight mission briefwill be attended by all crew members
. This "PMB" will contain weather and all flight information including emergency and abort procedures. A signature will be required by all crew members indicating they have received the PMB and have read any NOTAMs or other procedural updates which may have impact to standa rd operating procedures. In addition, the PIC will verify the UAS is ready for flight by conducting a pre-flight inspection. The exemption requested for the section is specifically addressed toward the requirements which do not apply to UAS operations such as runways and air traffic control integration.

9 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844-1300 • Fax: (713) 844-1309

# • )',"' HEATH fCONSULTANTS Heath Consultants Incorporated

• 14 C.F.R
. 

### § 91.109(a) );> 

### States: No person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft hasfullyfunctioning dual controls. The majority ofUAS by design are developed with single operational control through the use ofpre-determined GPS enabled waypoints programmed before or during flight and/or the use of a single hand held transmitter or control station controlled by the PIC. This design does not allow for dual controls during flight training and therefore the exemption is requested. To assist in mitigating this limitation, all training will be conducted through the use of a "buddy box" where the PIC/Trainer can regain control ofthe UAS at any time at their discretion
. • 14 C.F.R. 

### § 91.119(c) );> 

### 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 of500 feet above the surface, except over open water or sparselypopulated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel , vehicle, or structure. Heath operations will normally be conducted at or below 200 feet AGL in accordance with automatically issued "blanket" COA (as per the recently announced Section 333 exemption streamlining- https://www.faa.gov/news/updates/?newsld=82245) and in primarily Class G and E airspace. When operations require a higher ceiling and/or are within Class C and D airspace, Heath will submit a request and operate under an approved COA. As UAS are inherently safer than traditional aircraft due to their small size, light weight, battery operation versus fuel and have no humans on-board; Heath will not operate within 500 feet ofany vehicles, persons or structures other than those part ofthe flight operation being conducted. In addition, objects and hazards identified and geo-located prior to flight operations will be utilized within the flight planning stages to ensure this ob j ective is met. • 14 C.F.R. 

### § 91.121 );> 

### States: Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft , as the case may be, by reference to an altimeter that is set , when operating
... UAS are equipped with Global Positioning System (GPS) which provide altitude and geelocation data to the operator versus utilizing an altimeter. Due to this fact, an exemption is required for this system to be utilized in flight. GPS are precise within a few feet vertically and therefore meet a safety level equal to ifnot higher than regulatory guidance. As described in the limitations and conditions section ofHeath's petition for exemption; in the event the UAS loses GPS signal, automated landing will immediately commence. The flight plan is built in such a way that hazards are identified prior to launch and an immediate landing within the flight plan will ensure all hazards are avoided.

10 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone: (713) 844- 1300 • Fax: (713) 844-1309

# • )'", HEATH fCONSULTANTS Heath Consultants Incorporated



### • 14 C.F.R. 

### § 91.151(a) 

## >- States: No person may begin aflight in an airplane under VFR conditions unless (cons idering wind and forecast weather conditions) there is enoughfuel tofly to the firstpoint of intended landing and, assuming normal cruising speed- (1) During the day, tofly after thatfor at least 30 minutes: This regulation is based on the capabilities of a traditional aircraft which have flight times ofseveral hours or greater; therefore, with the majority ofUAS , which have flight times ofan hour or less, this regulation would effectively deny the ability ofthe UAS to operate. Drawing from previously approved Exemptions the PIC is will not begin a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least 5 minutes thereafter or with the reserve power recommended by the manufacturer if greater. The ability to quickly and safely land UAS in non-traditional environments ensures at least an equal level of safety
. 

### • 14 C.F.R. 

### § 91.405(a), 91.407(a)(l), 91.409(a)(2) and 91.417(a) & 

### (b)

**~** 

### 91.405(a) States: Each owner or operator of an aircraft-(a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except asprovided in paragraph (c) of this section, have discrepancies repaired asprescribed in part 43 of this chapter
. Ji> 

### 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding , or alteration unless-(1) It has been approved for return to service by a person authorized under § -13
. 7 of this chapter. );> 

### 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within thepreceding 12 calendar months, it has had-(2) An inspection for the issuance ofan airworthiness certificate in accordance withpart 21 of this chapter . No inspectionperformed underparagraph (b) of this section may be substituted for any inspection required by this paragraph unless it isperformed by a person authorized to perform annual inspections and is entered as an "annual" inspection in the required maintenance records
. );> 

### 91.41 7(a) & 

### (b) States: (a) Except for work pe1jormed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs I (i

- iii), 2 (i

-vi)); (b) The owner or opera/or shall retain thefollowing records for the periodsprescribed: (paragraphs 1-3)
.

11 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061 -5229 Phone: (713) 844-1300 • Fax: (713) 844-1309

# •

**~HEATH** ICONSULTANTS
Heath Consultants Incorporated

Due to the fact the proposed UAS presently do not have airworthiness certificates, these regulations do not apply and therefore an exemption is required. Pre/Post flight and routine inspections and maintenance will be conducted in accordance with the manufacturer's guidance as stated in the user /maintenance manuals
. Heath will maintain logs of pre- and post-flight inspections. In the event maintenance is required, the PIC will verify the UAS is in an airworthy status prior to operational use. All inspection and maintenance will be documented and maintained in-house. These actions will meet the intent ofthe regulation exemption being requested and lead to the equivalent level ofsafety.

12 Corporate Headquarters: 9030 Monroe Road, Houston, Texas 77061-5229 Phone : (713) 844-1300 • Fax: (713) 844-1309