# Sky **spective**

11541 w. 66th Pl Arvada, CO 80004 Skyspectivemedia.com 8 June 2015

Mr. James Williams Unmanned Aircraft Systems Integration Office Federal Aviation Administration 800 Independence Ave, SW Washington, DO 20591 U.S. Department of Transportation Docket Operations West Building Ground Floor, Rm W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Mr. Williams, SkySpective respectfully requests an exemption from several provisions of Title 14 of the Code of Fed

eral Regulations (C.F.R.), specifically portions of 14 C.F.R. Parts 45 and 91, to permit the use of our small Unmanned Aerial Systems (UAS), the Tarot 810, for use in aerial survey of Oil and Gas Pipelines in rural areas of the United States. Granting an exemption is consistent with Congress’ intent, as reflected in Sec

tion 333 of the FAA Modernization and Reform Act of 2013, that states safe systems be permitted in the National Airspace (NAS) prior to the issuance of final regulations governing general use of these small unmanned aerial systems. The Tarot 810 drone is an all-environment, electric powered, self-launched, small multirotor UAS that, de

pending on its payload, is capable of collecting airborne images and location information to a Ground Con

trol Station (GAS). It can also conduct high resolution photogrammetry or perform Light Detection and Infrared data collection. If used for high resolution photographs or point cloud data, the Tarot 810 drone stores the photographs and imagery data onboard and makes it available for download after completion of the flight. The Tarot 810 drone, has a maximum weight of 15 pounds and a diameter of 40 inches, with a maximum crusing speed of 30 mph. It is battery powered, has a maximum flight time between 10 and 15 minutes, and can operate in temperatures ranging from 10 degrees F to 120 degrees F . The Tarot 810 drone has two omni-directional antennas, a primary and a redundant back-up. The primary 2.4 Ghz antenna has a range of 2 miles, and the 5.8 Ghz back-up antenna has a range of 1.4 miles.11541 w. 66th Pl Arvada, CO 80004 Skyspectivemedia.com **FAA Modernization and Reform Act of 2012, Section 333** Section 333 states that the FAA shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by Sec

tion 332”. Section 333 (b), then lists several factors that should be considered in determining which UASs would be eligible for expedited integration into the National Airspace System (NAS). Specifi

cally, UASs that “as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to the users of the national airspace system or the public, or pose a threat to national security”. If a UAS has met the criteria laid forth in Section 333 (b), Section 333 (c) then gives the F AA the authority to decide if an airworthiness certification as specified by Title 49 United States Code, Section 44704 is even required for operation. Section 333 (c) specifically states that the FAA can determine “whether a certificate of waiver, certificate of authorization, or airworthiness certification undersection 4704 of Title 49, United States Code, is required for the operation of unmanned aircraft systems”. Thus, the FAA has the ability to allow a UAS that meets the criteria put forth in Section 333 (b) to operate within the NAS without as airworthiness certificate as long as the UAS does not pose any hazard or threat to the NAS, public, and national security.The primary function of the Tarot 810 drone is to provide aerial imagery using interchangeable georeferenced still/video cameras. High resolution data generated from these cameras of fers a wide range of applications in agriculture and aerial survey. The resulting imagery data, along with post process

ing data analytics, helps the oil and gas industry, for example, monitor for leaks, benefitting the environment and the general public. The Tarot 810 drone can fly by remote control or autonomously with advanced mission planning, and is launched on-the-spot with no requirements for a runway

. Once airborne, the Tarot 810 drone will fly at an altitude less than 400 ft Above Ground Level (AGL) over the designated plot. Prior to flight, the Pilot in Command (PIC) sets a designated flight area and flight parameters to ensure that the Tarot 810 drone will remain within the confines of the approved site, never exceeding 400 ft. AGL. If on board sensors detect a critical issue at any time, such as a low battery state or loss of GPS signal, the Tarot 810 drone will immediately execute pre-programmed safety procedures and automatically return to the launch site. The Tarot 810 drone’s small operational footprint and built-in safety protocol provide a much safer alternative for aerial survey and would pose a minimal hazard to the NAS or public. The Tarot 810 drone will only operate over Oil and Gas easements for the purpose of collecting aerial imagery. There are multiple rural sites over which the Tarot 810 drone will be flown. All sites are owned and operated by Oil and Gas rights owners who have granted approval to Skyspective to conduct flights over their property. There are a few small office buildings and maintenance build

ings located amongst the Platform or pipeline areas and Skyspective will ensure all operations avoid overflight of these structures. In addition, these are no airports within 5 NM of the sites, meaning the operations are within the FAA guidelines. By operating at low altitudes over privately owned areas of interest, the Tarot 810 drone will pose no threat to individuals or structures on the ground and will remain well clear of any and all air traffic.Skyspective has established the following operational limitations for Tarot 810 drone over the intended survey sites:

l The Tarot 810 drone flights are permitted over privately owned Oil and Gas Platforms and Pipelines

l The Tarot 810 drone will operate below 400 ft AGL and not within 5 NM of an airport

l The Tarot 810 drone will operate within 1 NM and within VLOS of the PIC and Safety Observer

l The Safety Observer will be located next to the PIC and will ensure the aircraft remains within VLOS and assist in spotting potential hazards

l The Tarot 810 drone will operate in accordance with Day Visual Flight Rules and only in Visual Meteorological Conditions during daylight hours

l The duration of each Tarot 810 drone flight shall not exceed 25 minutes

l All takeoffs and landings will occur on-site

l The Tarot 810 drone flights will avoid direct overflight of any office or maintenance buildings located on-site

l All Skyspective employees working on-site will be thoroughly briefed on Skyspective operations prior to operations commencing

l Skyspective operations will be conducted by a commercially certified pilot who has completed Skyspective training

l Skyspective flights will be cancelled in the event that any aircraft or ground control station equipment is found to be inoperative or not fully functional

l IF the PIC or Safety Observer spots a potential hazard, such as a manned aircraft within close proximity to the designated flight area, the PIC will immediately land the Tarot 810 drone and operations will only resume after the hazard is clear of the area

11541 w. 66th Pl Arvada, CO 80004 Skyspectivemedia.coml All Skyspective maintenance will be accomplished in accordance with the Skyspective Inspection and Maintenance Requirements

l Only one Skyspective drone will be airborne at any given time for each designated site

l The PIC will file a NOTAM for Skyspective flights at each site, providing at a minimum radial/DME, radius, and date/time group Skyspective will be bound by these limitations for commercial flights after the F AA approval of the exemptions laid forth in this petition. Skyspective will also follow any guidance for the F AA in accor

dance with Sec 333 (c) which states that after determining if UAS meet criteria for safe operation that the FAA “shall [also] establish requirements for the safe operation of the” UAS in the NAS. **Specific Sections of 14 CFR from which Skyspective Seeks Exemption** Below are the sections from which Skyspective seeks exemption, with specifics on the extent of relief sought, reason for relief, and why exemption would not adversely af fect safety. **a. Part 21 Subpart H - Airworthiness Certification** Part 21 Subpart H establishes the requirement for the issuance of an airworthiness certificate. Sky

spective seeks complete exemption from Part 21 Subpart H pursuant with Section 333, which autho

rizes the FAA to exempt a UAS from the requirements of an airworthiness certificate based on con

sideration of the following size, weight, speed, and operational capability , proximity to airports and populated areas, and operation within VLOS. An equal level of safety will be achieved with the operational limitation established in the document for all Skyspective, Tarot 810 flights. Specifically that all flights will occur within VLOS of the PIC and Safety Observer, at an altitude of less than 400 ft. AGL, and only over designated Oil and Gas or areas of interest. As a result Skyspective can safely operate without creating a hazard to any other air

craft, people, or structures on the ground. The combination of Skyspective’s safe operational history in the United States, and small lightweight design, in conjunction with Skyspective’ s safety require

ments and operating limitations, results in a safer alternative for aerial imagery collection. **b. 91.7 (a) - Civil Aircraft Airworthiness** 91.7 (a) states that “no person may operate a civil aircraft unless it is in an airworthy condition”. Sky

spective is already seeking exemption for airworthiness certification and thus no F AA standard will exist for determining airworthiness. As a result, Skyspective seeks full exemption from this regula

tion. Skyspective will achieve an equal level of safety by using Skyspective User Manual and Inspec

tion and Maintenance Requirements. Our documentation contains pre-flight protocols for each flight, safety checks, and comprehensive maintenance procedures.

11541 w. 66th Pl Arvada, CO 80004 Skyspectivemedia.com**c. 91.9 (b) - Civil Aircraft Flight Manual in the Aircraft** 91.9 (b) states that no person may operate a civil aircraft unless there is a current approved flight man

ual for the aircraft onboard. The tarot 810 small and lightweight design is not capable of carrying an aircraft flight manual on board. In addition, the Tarot 810 is unmanned, and the PIC is located at the ground control station. Skyspective thus seeks exemption from the requirement to carry the aircraft flight manual onboard. Skyspective instead proposes that the Skyspective User Manual and Justifica

tion of Airworthiness Document, which contains information normally found in aircraft flight manual, be kept at the ground control station where it is readily accessable to the PIC and Safety Observer for reference. **d. 91.103 - Preflight Action** 91.103 requires that the PIC be familiar with specific information before each flight such as weather , forecast, and fuel requirements. In addition to this the PIC must be familiar with information found within the approved flight manual relating to aircraft performance and takeof f and landing distances. Due to the fact that Tarot 810 has no FAA approved flight manual, Skyspective seeks to exemption from this regulation. Skyspective proposes to use the Skyspective User Manual and Justification of Airworthiness Document in lieu of an FAA approved flight manual. These two Skyspective publica

tions have extensive pre-flight checklists that include reviewing weather , power/battery requirements takeoff and landing, and aircraft performance data. The information found in the Skyspective User Manual and Justification for Airworthiness Document is comparable to the information found in an FAA approved flight manual, to include a comprehensive step-by-step pre-flight checklist. As a result an equal level of safety will be maintained by the PIC using these two publications, which address the items listed in 91.103. **e. 91.119 - Minimum Safe Altitude** 91.119 establishes the minimum altitude that civil aircraft may safely operate. 91.119 (c) specifically states that over “other than congested areas” a civil aircraft cannot operate below an altitude of 500 ft above the surface, except over open water or sparsely populated areas (and) in those cases, the aircraft may not be operated closer than 400 ft to any person, vessel, vehicle, or structure”. The sole function of the Tarot 810 drone is to fly at low altitudes over Oil and Gas Platforms and construc

tion sites which can be categorized as “other than congested areas”. Small UASs, like the Tarot 810 drone are, by design, flown at altitudes of less than 400 ft. AGL. Skyspective has established operat

ing limitations to achieve the highest level of safety, specifically that the Tarot 810 drone will remain within VLOS of the PIC and Safety Observer. For these reasons Skyspective seeks exemption form this regulation. An equivalent level of safety will be maintained by only operating the Tarot 810 drone over designated areas of interest.

11541 w. 66th Pl Arvada, CO 80004 Skyspectivemedia.com**f. 91.121 - Altimeter Settings** 91.121 requires aircraft to maintain a cruising level or flight level in reference to a current reported altimeter setting. The Tarot 810 drone is not equipped with an altimeter setting. The Tarot 810 drone is not equipped with a programmable altimeter but rather determines location and altitude via an onboard GPS and barometer. Since the Tarot 810 drone will be operating below 400 ft AGL, there is no need to maintain hemispherical cruising altitudes for de- confliction with manned aircraft. For these reasons the Tarot 810 drone seeks exemption for this regulation. An equal level of safety will be achieved through the Tarot 810 drones GPS and barometer which provide altitude and location data to the PIC via the ground control station. An automatic pre-flight test is done to verify function

ality of the GPS and barometer prior to operations. If at any time during flight there is a failure of the GPS or barometer, the Tarot 810 drone will initiate an emergency procedure to return to its original takeoff location. By operating below 400 ft AGL, the Tarot 810 drone will not create a hazard to any manned aircraft maintaining hemispheric cruising altitudes based on a current altimeter setting. **g. 91.151 (a) - Fuel Requirements for Flight in VFR Conditions** 91.151 (a) states that no person may begin a flight in Day VFR conditions unless there is enough fuel to fly to the intended landing point and fly for 30 minutes after that point is reached. The Tarot 810 drone is battery operated and does not carry fuel. It has a maximum flight time of 20 minutes on a fully charged battery. The Tarot 810 is unable to fly for 30 minutes. Skyspective seeks full exemption from this regulation due to the fact that the risk of danger associated with failing to reach a safe land

ing point with 15 minutes of extra “fuel” does not exist with the Tarot 810 drone. The Tarot 810 drone does not have to return to a “landing point” but rather can be safely put down anywhere over the point of interest. An equal level of safety will be maintained simply by the fact that the Tarot 810 drone is designed to safely land anywhere over the area of interest in the event that the battery is exhausted. Any risk associated with battery duration (fuel) in relationship to flight time is mitigated by the fact that the Tarot 810 drone has the ability to land anywhere and at any given time. **h. 91.203 (a) & (b) - Civil Aircraft: Certifications Requirements** 91.203 requires all civil aircraft to have “within it.... An appropriate and current airworthiness cer

tificate” that must be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”. Skyspective is already seeking exemption for the airworthiness certificate regulation and thus requires an exemption from this regulation. In addition the Tarot 810 drone due to its size and design has no cabin or cockpit, and therefore does not have the ability to carry certification or registration documents. Furthermore the Tarot 810 drone does not carry any passengers or crew for whom the certificate is required to be displayed. Skyspective proposes that any F AA required documents be kept at the ground control station and that a small placard be affixed to the Tarot 810 drone airframe with manufacturer, registration, and contact information. An equal level of safety will be achieved by having any FAA related documents located at the ground control station where it will be readily acces

sible to the PIC and any other agencies that may require information.

11541 w. 66th Pl Arvada, CO 80004 Skyspectivemedia.com**Granting an Exemption that is in the Public Interest** The Tarot 810 drone is a safe, efficient, and economical alternative to manned, fixed-wing aircraft that are currently being used to conduct aerial imaging of areas of interst. Using the Tarot 810 drone in lieu of a traditional manned, fixed wing aircraft will result in the overall reduction of low-flying manned aircraft in the NAS, easing the burden on Air Traffic Controllers. Because the Tarot 810 drone can take off and land on-site and operate at an altitude under 400 ft AGL within VLOS of the PIC, there is no need for the ATC to provide coordination during ground movement, takeoff, departure, transit, arrival, or landing phase of flight. As the skies over the United States get busier and busier, any efforts that ease the stress on the Air Traffic Control system is of benefit to the public. The Tarot 810 drone is electrically powered, which decreases air pollution and noise. The electric mo

tor will be exponentially quieter than a twin-engine combustion motor on passenger aircraft typically used to conduct aerial imaging. A manned aircraft typically burns 20-30 lbs of aviation fuel per hour, polluting the air not only over the site but over the path of transit and around the airport. Conducting aerial imaging with the Tarot 810 drone in lieu of manned aircraft would thus reduce both air pollu

tion and noise pollution, which is of great benefit to the public. Using the Tarot 810 drone would also greatly reduce risk to life and property on the ground. The Tarot 810 drone’s small size, reduced weight, lightweight construction pose little hazard to people or struc

tures on the ground as compared to a manned twin engine aircraft, which has a much greater potential for damage to life and property in the event of an accident. The Tarot 810 drone is unmanned and as a result poses essentially no risk associated with piloting an aircraft. Overall, the Tarot 810 drone pro

vides a much safer alternative to manned, fixed-wing aircraft operations for the purpose of collecting aerial imagery. Lastly, using the Tarot 810 drone to provide aerial imagery would result in better monitoring of the oil and gas infrastructure and minimize potential environmental hazards. High resolution data generated from thee Tarot 810 drone flights would provide operators with invaluable information on volumiza

tion, tank failure containment, and leak detection. By analyzing this data operators can make modifi

cations to a wide range of variables that will minimize environmental impact and increase efficiency , which in turn would be of great benefit to the public. In accordance with the procedural requirements of 14 C.F.R 11.81, Skyspective Inc. provides the fol

lowing information regarding our point of contact: Chris Burford, CEO 11541 W 66th Place Arvada, Co 80004 (303) 881-2327 Please contact me with any questions with regards to this request for exemption. Sincerely, Chris Burford CEO 11541 w. 66th Pl Arvada, CO 80004 Skyspectivemedia.com