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 d escribed Federal Aviation Regulations

. This exemption is being sought for the purpose of utili zing 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 ass ociated 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. T he radio frequency spectrum used for oper ation and control of the UA will comply with the Federal Communications Commission (FCC) or other appropri ate go vernment oversight agency requirements. All aircraft operated in acco rdance 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 p art 4 5, Subpart C. Markings will be as large as practicable. If the UA loses communications o r 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 o n 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. T he 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 i s 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 ope rate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive andemergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and

structures. PIC qualification flight hours will be logged in a manner consistent w ith 14 CFR § 61.51(b). The VO will also be required to complete the operator’s training require ments. A record of training will be documented and made available upon request by the Administrator. Flights for the purposes o f training the operator’s PICs and VOs (training, proficiency, and experien ce - building), will be permitted during dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations wi ll be considered n onparticipants, 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. P rior 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 inspectio n 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 b e included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records. Each UAS op erated 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 inform ation 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 de fined 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 operat ing 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 representat ives, 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 lens es, 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 managem ent 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 u nder 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 operation s 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 afor ementioned 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 recomm endation 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 b y 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