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Petition for Exemption to Operate UAS Weighing 55 Pounds or More in Support of

Industrial Asset Cleaning Operations

Prepared For U. S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE,

Washington, DC 20590

Prepared By Mike Johnson

VP of Business Operations

SkySkopes, Inc. 6008 Hwy 2 East, STE 300

Minot, ND 58701 Office: 701-838-2610

Cell: 707-688-8836

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September 10, 2021 Subject: SkySkopes, Inc Petition for Exemption to Operate UAS Weighing 55 Pounds or More In Support of Industrial Asset Cleaning Operations To Whom It May Concern: Pursuant to 49 U.S.C 44807 and 14 C.F.R. Part 11, SkySkopes, Inc (“SkySkopes”) hereby applies for a Grant of Exemption from the Federal Aviation Regulations (“FARs”) identified below to allow SkySkopes to operate the DJI Agras T16 unmanned aircraft system (“UAS”) (93 lbs.) and the DJI Agras T20 (105 lbs.) in support of industrial asset cleaning operations. Specifically, SkySkopes seeks an exemption from the following FARs: §§ 61.3(a)(1)(i), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b). In support of this Petition for Exemption, SkySkopes will submit the following documentation:

• DJI Agras T16 User Manual • DJI Agras T20 User Manual • SkySkopes Operations Manual • SkySkopes SMS Manual • SkySkopes Industrial Spraying Risk Assessment • SkySkopes Above 55 lbs. Aircraft Mod Payload Testing document

These documents will be submitted on a confidential basis under separate cover pursuant to 14 C.F.R § 11.35(b), as it contains confidential commercial and proprietary information that SkySkopes has not and will not share with others. The information contained in these documents are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

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Table of Contents A.1 Background of Petitioner ........................................................................................................ 5

A.1.1 Organization Overview ..................................................................................................... 5

A.1.2 Safety Management System ............................................................................................ 5

A.2 Summary of Operations .......................................................................................................... 8

A.2.1 Flight Crew ....................................................................................................................... 8

A.2.2 Operations Area ............................................................................................................... 9

A.2.3 Airspace Overview ........................................................................................................... 9

A.2.4 Standard Operating Procedures ....................................................................................... 9

A.2.5 Normal Operation Strategy ............................................................................................ 10

A.2.6 Abnormal operation and emergency operation ............................................................. 10

A.2.7 Accidents, incidents, and mishaps ................................................................................. 12

A.2.8 Training .......................................................................................................................... 12

A.3 UAS Relevant Information .................................................................................................... 13

A.3.1 UAS description .............................................................................................................. 13

A3.1.1 Dimensions .............................................................................................................. 13

A3.1.2 Mass ......................................................................................................................... 14

A3.1.3 Materials .................................................................................................................. 14

A3.1.4 Loads ........................................................................................................................ 15

A.3.1.5 Aircraft Performance Characteristics ...................................................................... 15

A.3.1.6 Propulsion System ................................................................................................... 16

A.3.1.7 Payloads .................................................................................................................. 16

A.3.2 UAS Control segment ..................................................................................................... 17

A3.2.1 Guidance, Navigation, and Control .......................................................................... 17

A3.2.2 Communications Equipment .................................................................................... 17

A3.2.3 Control Station ......................................................................................................... 17

A3.2.4 User Interfaces ......................................................................................................... 18

A.3.3 Geo-fencing .................................................................................................................... 20

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A.3.4 Ground Support Equipment (GSE) segment ................................................................... 20

A.3.5 Command and Control Link (C2 link) segment ............................................................... 20

A.3.6 C2 Link Lost .................................................................................................................... 20

A.3.7 Safety features ............................................................................................................... 21

A.4 Relevant Statutory and Regulatory Authority ....................................................................... 22

A.5 Proposed Conditions and Limitations ................................................................................... 23

A.6 Regulations from Which Exemption Is Sought and Equivalent Level of Safety Arguments ... 28

A.6.1 FARs Relating to the UAS ............................................................................................... 28

A.6.2 FARs Relating to the Pilot Qualifications ........................................................................ 29

A.6.3 FARs Relating to the UAS Operating Procedures ............................................................ 30

A.7 Public Interest ....................................................................................................................... 31

A.8 Federal Register Summary .................................................................................................... 32

A.9 Operations Outside the U.S. ................................................................................................. 32

A.10 Conclusion .......................................................................................................................... 32

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A.1 Background of Petitioner

A.1.1 Organization Overview SkySkopes is a professional flight operator that provides innovative solutions using drone technology within the energy industry. SkySkopes specializes in aerial data acquisition using unmanned and manned aircraft equipped with advanced sensor solutions. SkySkopes brings an extensive background of expertise in implementing critical safety procedures and processes into our workflow for professional and efficient operations for our customers. Operations oversight is provided by the VP of UAS Operations and VP of Helicopter Operations. They also provide supervision and training for each Pilot in Command (PIC). The SkySkopes SMS is integrated into operations and the oversight is independent by the VP of Business Operations with representatives at each office location. The PIC is responsible for individual flight operations and their responsibilities are defined in the following section. SkySkopes completes tens of thousands of flights each year near electrical transmission & distribution, substations, refineries, well sites, compressor stations, and pipelines.

A.1.2 Safety Management System SkySkopes safety program is based upon the 4 pillars Safety Policy, Safety Risk Management, Safety Assurance, and Safety Promotion. As part of the SMS, there is the SMS Manual which provides policy and broad safety guidance and the HSE Policies manual which goes in depth for specific areas such as the Illness and Injury Prevention Program and Driving Safety. The SkySkopes Operations Manual provides standard operating procedures as well as broad guidance in the areas of employee conduct, safety policies, maintenance policies, and the quality management system (QMS). The SkySkopes Emergency Response Plan (ERP) is readily available and provides specific instructions on what to do in the event of an incident or accident. The SkySkopes Maintenance Manual provides policy and guidance for the maintenance team. SkySkopes programs are constantly audited through ISNetworld, Avetta, and Veriforce for our various customers and our programs

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are fully compliant. Additionally, the SMS program is being audited by the Northern Plains UAS Test Site (NPUASTS). SkySkopes is an ISO 9001:2015 certified company. Safety Policy The leadership of SkySkopes is fully supportive of the company SMS. This begins with the Safety Policy approved by Cory Vinger, SkySkopes President, which is located in the SkySkopes Safety Management System policy (available upon request). Oversight of the Safety Program is by SkySkopes VP, Mike Johnson, who has formal aviation safety training and experience from his service while in the Air Force. He attended the Air Force Advanced Instrument School, Aircraft Mishap Investigation Course, and Aviation Safety Program Management Course. The leadership of SkySkopes is fully supportive of the safety program and has appointed a safety committee made up of members from each office location. Safety Risk Management SkySkopes assesses risk both during operations and at each company location. Aircrews are trained on accomplishing risk assessments prior to and during operations, requesting approval at an appropriate supervisory level, and applying mitigations. Risk assessments are logged in flight management software by the crew prior to starting any operation. Each company location has a safety officer who is responsible for conducting workplace hazard assessments, assessing risks, and addressing any issues. SkySkopes uses SRM worksheets to assist in determining workplace and operational risk and mitigation of that risk. Risks and hazards are recorded and discussed during safety committee meetings and safety suggestions and policies given to management for approval. Meetings include representation from the operations, maintenance, and training teams to increase the identification of hazards and speed mitigation implementation. Safety Assurance The SkySkopes safety program is continually updated as safety team members and employees identify ways to improve the program. Managers conduct and report monthly field observations and report trends to the safety committee. The SMS Manual, Operations Manual, and HSE policies are reviewed annually by the safety team and updated based upon inspections, incidents, reports, and employee input from the previous year. All employees are

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encouraged to report hazards and recommend improvements to the safety program. There is also a maintenance reporting and inventory system which follows ISO standards, and it allows crews to identify and report equipment or procedure issues while in the field. There is then a specified process to remove defective equipment until it is repaired or retired by the maintenance team. The safety committee meets at least quarterly to discuss implementation of the safety program, identify trends, and implement program improvements. All new policies are reevaluated during safety committee meetings to determine if the recent change has the desired effect after it has been implemented for a predetermined period of time. Safety Promotion From the initial onboarding of employees to safety briefings out in the field, the priority of SkySkopes is safe accomplishment of the mission. Once hired, employees undergo crew resource management training program. In the field, crews consist of a pilot and a visual observer or sensor operator to increase situational awareness and operational safety by minimizing distractions to the pilot. Additionally, SkySkopes pairs less experienced operators with more experienced operators to further promote safe operations. The crews also operate under SkySkopes’ Standard Operating procedures which promotes a culture of compliance and decreases misunderstandings. For operations planning, SkySkopes’ management provides realistic mission goals to crews so they are not rushed to finish a project. If an incident occurs, the findings and lessons learned are disseminated to the crew by the management at each office. We include surveys at least semi-annually companywide to give everyone an opportunity to voice their concerns or opinion about policies put in place. At SkySkopes, every employee has a voice when it comes to safety.

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A.2 Summary of Operations The proposed operations under the requested exemptions involve a DJI Agras T16 or DJI Agras T20 UAS equipped with a spraying payload with a hose connected to a pressure washing system on the ground. The system is used to clean industrial equipment using high pressure water. The operations would be limited solely to the confines of restricted-access sites (oil well sites, refineries, compressor stations, etc.). Only authorized personnel are permitted access. These assets are typically located in unpopulated areas. Authorized persons on the site will receive a safety briefing, including the potential risks. SkySkopes does not seek authority to operate its UAS over people. During the proposed operations, the UAS will be operated at least 200 feet away laterally from non-crew members.

A.2.1 Flight Crew Pilot in Command (PIC) The PIC shall be directly responsible for the safe operation of the aircraft, sensors, ground station, and safety of all persons present during the operation. The PIC will hold a remote pilot certificate and have a minimum of 50 hours operating UAS and have at least 5 hours logged with the same or substantially similar UAS model to be operated. The PIC ensures compliance with the Operations Manual, manufacturer’s guidance, checklist procedures, and applicable regulations. The PIC is responsible for maintaining good Crew Resource Management (CRM) with all persons present during an operation. The PIC announces intentions during critical phases of flight and when circumstances require deviating from normal procedures. Prior to each flight the PIC inspects the aircraft, including controller and payload, to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the aircraft, the aircraft will not operate until the necessary maintenance has been performed and the aircraft is found to be in a condition for safe flight. The PIC ensures all maintenance and alterations are properly documented in the aircraft records. Visual Observer (VO) The VO is responsible for the augmentation of the PIC’s sense of situational awareness during an operation. The VO will maintain direct communication with the PIC for the duration of the operation and assist them with flight duties. The VO is a typically another trained pilot. If

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determined by the PIC, additional VOs will be utilized depending on the complexity of the operations environment. Sprayer Equipment Operator Responsibilities (PO) The PO is responsible for the operation of the sprayer equipment including management of the hose. Prior to each flight, the PO will inspect the pressure washer engine, the hoses, and all connections on the ground and on the aircraft to ensure it is in a safe and operational condition. The PO will maintain direct communication with the PIC and VO for the duration of the operation and assist them with flight duties.

A.2.2 Operations Area The requested operations will be flown on industrial sites such as oil well sites, compressor stations, refineries, etc. During the flight, the crew will typically locate the pressure washing equipment within 100’ of the asset and pre-position the hose at the base of the asset which allows for a launch directly in line with the asset. Due to the hose tether, the aircraft will remain within a small radius near the asset. Assets are typically 30-175’ tall.

A.2.3 Airspace Overview Operations will occur during daylight hours on private property with permission from the property owner/controller. Operations will be limited to Class G airspace unless an appropriate Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA) has been obtained that authorizes operations in other Classes of airspace.

A.2.4 Standard Operating Procedures SkySkopes Flight Operations Manual Section 4 “Operations Procedures” provides guidance for the crews performing all flight operations. In this section, it requires that crews accomplish pre-flight planning, risk assessments, checklists, as well as abide by duty day and weather limitations.

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A.2.5 Normal Operation Strategy Pre-Mission Planning Prior to each operation, crews review the mission area and complete any coordination for site access. The mission is created in flight management software, crews check the flight area for airspace situational awareness, and perform a risk assessment which is logged in the system. Pre-flight planning Prior to leaving the office, the crew performs a check of all the equipment and ensures it is operational including the spraying equipment. Once at the site location, crews make an assessment if there is an adequate launch site (free of obstacles, away from persons, etc.). An on-site risk assessment is completed, and a safety briefing is accomplished with the crew and any authorized people on-site. In the company’s flight management software, the airspace and weather are checked and Pre-flight and Before Take-off checklists are completed by the crew. Flight Operations With all systems operational and checklists complete, the crew does a final clearing of the area before takeoff. Once airborne, the PIC performs flight control checks, the pilot will then slowly climb to an altitude just above the asset height. The pilot will maneuver the aircraft ~5-10’ over the asset using an onboard camera and VO(s) to ensure clearance above the highest point of the structure. Once cleaned, the pilot will back away from the asset and descend to land on the launch recovery platform. Post-Mission After the last mission, the aircraft and all equipment are inspected, and the PIC logs the mission as complete including notes of issues which arose during the flights. Any issues will be communicated to the safety team and the VP of UAS Operations.

A.2.6 Abnormal operation and emergency operation Prior to operations, the PIC will brief abnormal and emergency operation plans. In an emergency, the spraying operations will cease, and the PIC will focus on the issue. C2 Link Failure In case of C2 link failure, the aircraft logic is programmed to hover in position. If the PIC does not regain link with the aircraft, it will auto land. While accomplishing the Before Takeoff

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Checklist, the PIC ensures the planned flight path will be clear of obstacles in the event of lost link. GPS Failure If one GPS fails, the Agras proprietary flight controller will switch GPS/Compass control to one of the redundant modules. In the event of complete GPS failure, the aircraft enters attitude flight mode, and the PIC will continue flying under manual control. SkySkopes pilots are trained to fly the aircraft manually and practice recovering the aircraft from unusual orientations. IMU Failure The Agras proprietary flight controller will automatically switch to one of the redundant modules and notify the PIC through the display. The PIC will abort the mission and immediately return to land. Power Failure In order to avoid a situation where the battery is depleted resulting in a power loss, the flights are pre-planned and kept very short to ensure adequate power is available for completion of the flight. Our standard is to complete the mission with 30% battery remaining and landing above 20% battery capacity remaining. The display displays low battery warnings and there is an audible warning as well. Engine Failure The Agras proprietary flight controller will detect and notify the operator of a motor failure; or the operator or VO may become aware of the failure through the aircraft’s change in response to C2 input. In the unlikely event of an engine failure, the aircraft is recoverable with the 5 remaining engines. The PIC manually flies the aircraft to the initial launch point or the nearest clear area available at the time of the incident. Non-participating aircraft and obstacle avoidance Due the nature of the operations being conducted in very close proximity to industrial assets and the aircraft being tethered to the pressure wash ground equipment, the risk to any non-participating aircraft is near zero. If an aircraft did enter the immediate area, the PIC will ensure the aircraft is maneuvered appropriately to avoid. With the proximity required for cleaning, the PIC will have the primary responsibility for obstacle avoidance and coordinate with the crew to ensure adequate distance is maintained. The consistent flight profile of taking off, ascending,

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and descending in line with the asset will minimize complexity and reduce risk. Also, the tether will minimize deviations in the event of any system anomalies.

A.2.7 Accidents, incidents, and mishaps SkySkopes follows the general reporting procedures of Part 107 and has internal reporting procedures for accidents, incidents, and mishaps. For any accident that requires reporting, SkySkopes will following the COA guidance. Internal reporting guidance is in the SkySkopes Ops Manual section 4.27. which requires reporting for any incident, even if it is not reportable under Part 107 requirements. SkySkopes uses these reports to track trends and take a proactive approach to preventing incidents. If needed, flight data logs are pulled from aircraft and the company flight management account. This data includes not only telemetry data but also crew checklist and risk assessment completion data.

A.2.8 Training The start of the SkySkopes training program is with the hiring process which includes drug testing and background checks. Once hired, they undergo an extensive training program before operating in the field with a team. Training includes basic flight training and evaluation on DJI aircraft followed by advanced certification with the larger SkySkopes aircraft. Initially, pilots are trained using the DJI M210 and/or M300 aircraft and are evaluated on their ability to perform basic maneuvers, manual flying (non-GPS), recover from unusual attitudes, and display a thorough knowledge and understanding of emergency procedures. Ground training includes internal SkySkopes operational and safety procedures, SafeLand (OSHA-10 hr. course), first-aid, CPR, H2S Awareness, and data collection training. Once training is complete, pilots operate in the field in a team which includes an experienced operator to facilitate crew resource management and efficient operations.

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A.3 UAS Relevant Information A.3.1 UAS description The DJI Agras T16/T20 are rotorcrafts with six motors arranged in a hexacopter configuration, with each motor mounted on the end of a carbon-fiber arm at around a hexagonal flight deck using aviation-grade aluminum fastenings. The central flight deck supports the battery tray and GPS/compass antennas mounted on the top tops of the trailing flight arms, and contains the avionics in the forward facing flight control and camera module. The T20 is an upgraded version of the T16 and shares the same airframe, however it has upgraded systems and an increased payload capacity. The primary difference between the aircraft is the upgraded flight controller and internal emergency battery backup system. The DJI Agras T16/T20 are designed around the proprietary DJI Agras Flight Controller. The T16 aircraft is built to operate up to 93 lbs. maximum gross takeoff weight (MGTOW) and the T20 up to 105 lbs. MGTOW. Power supply is through one ruggedized 17,500mAh LiPO battery for the T16 and a 18,000mAh battery for the T20. Control and telemetry connections are through the Occusync video transmission system and GL300N controller for the T16 and RM500-AG controller for the T20.

A3.1.1 Dimensions

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Dimension (T16/T20)s: 2509x2213x732 mm (Arms and propellers unfolded) 1795x1510x732 mm (Arms unfolded, propellers folded) 1100x570x732 mm (Arms and propellers folded)

A3.1.2 Mass T16 Mass Basic Unmodified Empty Weight: 43.7 lbs. Basic Modified Empty Weight: 34.4 lbs. Battery Weight: 13.2 lbs. Maximum Takeoff Weight: 93 lbs. T20 Mass Basic Unmodified Empty Weight: 46.5 lbs. Basic Modified Empty Weight: ~37.2 lbs. Battery Weight: 14.1 lbs. Maximum Takeoff Weight: 105 lbs. Center of Mass: The DJI Agras T16/T20 hex configuration has the center of mass in the middle of the aircraft and payloads are positioned as close to center as possible.

A3.1.3 Materials The DJI Agras T-16 is composed of both Aluminum and Carbon fiber components, this allows for a high strength and lightweight airframe. All critical components have been fully waterproofed and the aircraft is IP67 rated ensuring operation in wet conditions. There are also foam components below the motor mounting positions, these are only a safety mechanism and have no impact on the structural integrity of the aircraft.

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A3.1.4 Loads Maximum Speed Both the T16/T20 have a maximum flying speed of 22.4 mph and a maximum operational speed of 15.7 mph. The Maximum wind resistance of the aircraft is 17.9 mph and the expected resistance due to the hose was calculated to be negligible. Maximum Operating Altitude The T16/T20 maximum altitude is 2,000 meters (6,561 feet) above sea level (MSL), unless high-altitude propellers of the appropriate, size, material, and camber can be sourced for the propulsion system. At this time, DJI does not manufacture high-altitude, 33” propellers for the E5000 Pro propulsion system.

A.3.1.5 Aircraft Performance Characteristics Performance (T16/T20)

a. Maximum altitude: 6,561’ MSL b. Maximum endurance: 10-18 minutes c. Maximum signal range: 3.1 miles d. Maximum range: limited to hose length e. Maximum tilt angle: 15 degrees

Airspeeds (T16/T20)

a. Slowest speed attainable: Hover capable b. Max operational speed: 15.7 mph c. Max airspeed: 22.4 mph

Weather Limitations (T16/T20)

a. Wind speed limitations: 17.9 mph (8m/s) including gusts b. Flight during light rain is possible c. Outside Air temperature (OAT) limits: 0℃ ~ 40℃

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A.3.1.6 Propulsion System The DJI E5000 Pro motor system operates on a 58.8-volt power supply to provide a maximum thrust of 13.5 kilograms (29.76 pounds) per rotor at sea level, for a combined thrust of 81 kilograms (178.57 pounds). The R2880 fixed-pitch propellers are 33 inches from tip to tip when unfolded, and constructed of a proprietary composite material called Ultra Carbon Pro. A set of folding propellers weighs 90 grams (3.17 ounces). Propellers are mounted to the motors, a pancake-style electronic brushless motor sealed and treated with a surface coating to allow operating in dusty, humid, or wet environments. Each of the six, motors weights 616 grams (21.73 ounces) and has a rating of 75 RPM per volt. Performance of the propulsion system is monitored in the flight controller interface. In the case of abnormal or emergency operation of the propulsion or power systems, the operator will receive advisories and warning through the controller software. The system is capable of continued flight for a short period of time at max weight with one motor inoperative.

A.3.1.7 Payloads The DJI Agras T16, previously approved under numerous exemptions including 18776 to Alpha Drones USA, and the DJI Agras T20, currently being evaluated under numerous exemption requests, will integrate a SkySkopes proprietary payload. In order to conduct spray cleaning operations, the stock spraying system is removed, and a proprietary payload is attached to the aircraft. The SkySkopes proprietary pressure washing nozzle is fed from a tank and pump system on the ground. The ground-based water tanks feed water to the pressure washing pump, which in turn pushes water through a hose up to the drone which is used to position the nozzle. The payload does not require any power or other input from the aircraft, and it is connections to the aircraft are vibration isolated. Reference the “Aircraft Modification, Payload, and Testing” document, submitted under confidential cover, for additional details about the payload system, integration onto the UAS, and SkySkopes testing that has occurred under Part 107 regulations to ensure the system is safe to operate. There are no modification to the frame or flight systems of the Agras T16/T20 aircraft and the aircraft will operate within the OEM flight envelope.

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A.3.2 UAS Control segment

A3.2.1 Guidance, Navigation, and Control Guidance, navigation, and control are provided by the DJI Agras proprietary flight controller system, which consists of three GPS-Compass Pro modules (GNSS), a power management unit (PMU Module), an LED status indicator (LED Module), two redundant inertial measurement units, and a barometric pressure sensor for detecting aircraft altitude.

A3.2.2 Communications Equipment The T16 and T20 are equipped with the DJI Occusync 2.0 downlink system, integrated with the Agras proprietary flight controller system. The Occusync system provides simultaneous control uplink and live-video downlink via a 2-frequency directional antenna system that uses 2.4 and 5.8 GHz between the on-board receiver and the ground control station. The DJI Occusync system is made up of two main components, the Air system and the Ground system. The Air system is installed on the aircraft and integrated with the Agras proprietary flight controller, where it communicates the control uplink inputs to the flight controller. The Ground system includes the control station and the monitor, which the operator holds in-hand to transmit control inputs via the sticks, and which hosts a built-in device for telemetry and additional control inputs via the ground station app. The DJI Occusync system complies with Part 15 of the FCC rules.

A3.2.3 Control Station Information Displays – Health & Status, Navigation Real-time information about the aircraft health, status, navigation, and payload telemetry is provided by the DJI Occusync system and displayed

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A3.2.4 User Interfaces The PIC can control the T16 by inputting directional controls via the joysticks on the DJI GL300N transmitter; by using dials and buttons on the GL300N ground system; or by changing settings and inputting controls using the touch screen of the smart device running the application. See attached figure for clarification on transmitter components.

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The PIC can control the T20 by inputting directional controls via the joysticks on the DJI RM500-AG transmitter; by using dials and buttons on the RM500-AG ground system; or by changing settings and inputting controls using the touch screen.

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A.3.3 Geo-fencing Because the drone is tethered to the pressure spraying ground equipment at the base of the asset, the distance will be limited to the length of the hose.

A.3.4 Ground Support Equipment (GSE) segment This aircraft requires a specialized launch/landing apparatus to function, landing without it is possible to do safely, although may result in minor payload or aircraft damage. The platform is mobile and allows the crew to position the aircraft in a suitable location for a safe takeoff and landing.

A.3.5 Command and Control Link (C2 link) segment The aircraft Command & Control (C2) link is established through the DJI Occusync system. Frequencies: 2.4000GHz ~ 2.4835GHz and 5.725 GHz ~ 5.850 GHz (DJI Occusync) Power (EIRP):<26dBm Range: Up to 5 km or 3.1 miles (unobstructed, free of interference)

A.3.6 C2 Link Lost The Command & Control (C2) link may be compromised by factors such as distance from the control station, radio frequency interference, obstructions between the control station and the UAV, and environmental factors. In the event of a loss of C2 link, the Agras proprietary flight controller will engage the pre-programmed failsafe response to hover, land, or execute an RTH. In the event of a lost link, the PIC and/or the VO maintain visual on the aircraft and the PIC troubleshoots the connectivity issue. If connection is not regained, the crew monitor the aircraft return to home flight path and clear the landing zone. Due to the tethered operations, the likelihood of a lost link is highly unlikely.

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A.3.7 Safety features The DJI T16/T20 is equipped with redundant failsafe for the IMU, GPS, power, and propulsion systems. The Agras proprietary flight controller will automatically engage one of its redundant IMU or GNSS/compass systems in the event one fails; and the aircraft may be controlled and landed in the event one motor fails in-flight. Preflight checking of the airframe and avionics should provide early detection of situations which may lead to in-flight emergencies. The Agras T20 has the additional feature of an internal backup battery which will provide 20 seconds of flight time to assist the PIC to recovery the aircraft in the event of an issue with the main battery.

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A.4 Relevant Statutory and Regulatory Authority This Petition for Exemption is submitted pursuant to 49 U.S.C. 44807. Title 49 U.S.C. 44807 provides the Secretary of Transportation with authority to determine whether a certificate of waiver, certificate or authorization, or a certificate under § 44703 or § 44704, is required for the operation of certain UAS. Section 44807(b) instructs the Secretary to base this determination on which types of UAS do not create a hazard to users of the national airspace system (“NAS”) or the public. In making this determination, the Secretary must consider:

• The UAS’s size, weight, speed, and operational capability • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within or beyond the visual line of sight of the operator and during

day or night. Additionally, the FAA Administrator has general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). Granting the requested exemption to SkySkopes would (1) benefit the public as a whole, and (2) not adversely affect safety but rather would provide a level of safety at least equal to, or greater than, current operations and the existing regulations, thereby satisfying the requirements in FAR § 11.81. The operations proposed by SkySkopes in this Petition qualify for approval under 49 U.S.C. 44870, as each of the statutory criteria, regulatory standards, and relevant factors are satisfied. As described below, the proposed operations can be conducted at a level of safety equivalent to an operation conducted under the FARs from which an exemption is sought, and the operations will not create a hazard to users of the NAS or the public.

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A.5 Proposed Conditions and Limitations SkySkopes proposes to conduct operations in accordance with the following Conditions and Limitations which will ensure that the proposed UAS operations will not adversely affect safety and will provide at least an equivalent or greater level of safety to the regulations from which exemption is sought. The Proposed Conditions and Limitations are derived from prior UAS-related exemptions granted by the FAA. 1. Operations authorized by this exemption are limited to DJI Agras T-16 and Agras T-20, the

operations described in the petition for exemption, and the operating documents. The maximum take-off weights of the T16 at 93 lbs. and T20 at 105 lbs. Proposed operations of any other UAS require a petition to amend this decision.

2. The operator must petition for an amendment to this decision if the operator makes any update or revision to the operating documents, aircraft systems, operating parameters, or other supporting documents that this exemption lists as a basis for granting this exemption.

3. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL).

Altitude must be reported in feet AGL. 4. All operations must utilize a visual observer (VO). The UA must be operated within visual

line of sight (VLOS) of the PIC and VO. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license. The VO and PIC must be able to communicate verbally at all times. The PIC must ensure that the VO can perform the duties required of the VO.

5. This exemption, and all documents needed to operate the UAS and conduct its operations

in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating 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 in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein 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

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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 or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption.

6. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations that occur under this exemption are specifically limited to the areas described in the COA issued by the FAA’s ATO, and must comply with all provisions of the COA. The operator must apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the COA. If a conflict between the COA and this condition exists, the most restrictive provision will apply. In the absence of any express altitude restriction in a COA or any other document the FAA provides that applies to operations under this exemption, the maximum altitude is 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

7. This exemption does not excuse petitioner from complying with 14 CFR Part 375. If

operations under this exemption involve the use of foreign civil aircraft, the operator must obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41 before conducting any operations under this exemption. Application instructions are specified in 14 CFR § 375.43.

8. The PIC must be designated before the flight and cannot transfer his or her designation for

the duration of the flight. In all situations, the PIC is responsible for the safety of the operation. The PIC is also responsible for meeting all applicable conditions and limitations as prescribed in this exemption and operating in accordance with the operating documents.

9. PIC certification: Under this exemption, a PIC must hold a current remote pilot certificate.

10. The PIC must also hold a current FAA airman medical certificate and a valid U.S. driver’s

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

11. The PIC and VO must be trained and qualified in accordance with the operating documents.

12. 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

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exemption, including evasive and emergency maneuvers, and maintaining appropriate distances from persons, vessels, vehicles, and structures. Flights for the purposes of training 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 under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building 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.

13. Prior to each flight, the PIC must conduct a pre-flight inspection, become familiar with all

information concerning that flight, pursuant to 14 CFR § 91.103, and determine the UAS is in a condition for safe operation. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. The UA may not operate if the inspection reveals a condition that affects the safe operation of the UAS, until the PIC determines the UAS is in a condition for safe flight.

14. The PIC is prohibited from beginning a flight unless, considering wind and forecast weather

conditions, there is enough available battery charge for the UAS to conduct the intended operation with sufficient reserves such that the PIC can land the UAS without posing an undue risk to aircraft or people and property on the ground.

15. All crewmembers, including PIC and ground personnel used for takeoff and landing, must

maintain two-way voice communications with each other during operations. For the purpose of compliance with all conditions and limitations in this exemption, the term “crew member” includes the PIC, the VO, and any other personnel required for the safety of the flight operation.

16. Each UAS must be controlled by only a single control station and one PIC at a time. A PIC

may not operate multiple UAS at the same time.

17. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. The UAS may 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.

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18. Any maintenance or alterations that affect the UAS’s operation or flight characteristics, such as replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights must be conducted within VLOS by a PIC with the assistance of a VO as defined above, and other personnel required to conduct the functional flight test (such as a mechanic or technician) and must remain at least 500 feet from all other people. The functional test flight must be conducted in such a manner to not pose an undue hazard to persons and property. The petitioner must permit the Administrator to observe functional test flights upon the request.

19. The operator must follow the UAS manufacturer’s guidance for the aircraft, aircraft

components, and all manufacturer safety bulletins.

20. The operating documents, and a copy of this exemption, must be accessible to the PIC at the control station during all operations that occur under this exemption, and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the aforementioned documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the petitioner must follow the procedures as outlined in its operating documents. The petitioner may update or revise its operating documents. The petitioner must track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. If the petitioner determines that any update or revision would affect the bases upon which the FAA granted this exemption, then the petitioner must petition for an amendment to its grant of exemption. In this regard, this document describes all such bases. The petitioner must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. The petitioner must submit such updates by contacting the FAA’s Flight Standards Service (AFS), General Aviation and Commercial Division.

21. All flight operations must be conducted at least 200 feet from all persons who are not directly participating in the operation.

22. Operations under this exemption may not occur from any moving vehicle or aircraft.

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23. The PIC may not begin or continue a flight if any GPS outage, signal fault, integrity issue, NOTAM in effect for any part of the planned operational area, or any other condition affects the functionality or validity of the GPS signal.

24. The PIC must abort the flight operation if circumstances or emergencies that could degrade

the safety of persons or property arise. In such cases, the PIC’s termination of flight operations must not cause undue hazard to persons or property.

25. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must 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).

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A.6 Regulations from Which Exemption Is Sought and Equivalent Level of Safety Arguments SkySkopes seeks an exemption from the FARs listed in the Table below. As required by FAR § 11.81(e), the operating procedures and safeguards that SkySkopes has established, coupled with the Limitations proposed herein, will ensure a level of safety greater than or equal to that provided by the regulations from which exemption is sought. FAR Description § 61.3(a)(1)(i) Requirement for certificates, ratings, and authorizations § 91.7(a) Civil aircraft airworthiness § 91.119(c) Minimum safe altitudes: General § 91.121 Altimeter settings § 91.151(a)(1) Fuel requirements for flight in VFR conditions § 91.405(a) Maintenance required § 91.407(a)(1) Operation after maintenance, preventive maintenance,

rebuilding, and inspections § 91.409(a)(1) and (2) Inspections. § 91.417(a) and (b) Maintenance records.

A.6.1 FARs Relating to the UAS SkySkopes seeks an exemption from the following maintenance and inspection-related FARs: §§ 91.405(a) Maintenance required, 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(1) and (2) Inspections, and 91.417(a) and (b) Maintenance records. These regulations specify maintenance, inspection, and records standards in reference to FAR § 43.6. An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this exemption will not have, and because compliance with these regulatory provisions in the context of UAS operations is not feasible. An equivalent level of safety will be achieved because maintenance, inspections, and records handling will be performed in accordance with the manufacturer’s manual, any required manufacturer safety or service bulletins, and the proposed Limitations. Under the Limitations, for example, the PIC will conduct a pre-flight inspection of the UAS and all associated

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equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting the safe operation of the UAS, and no flights will occur unless and until all flight critical components of the UAS have been found to be airworthy and in a condition for safe operation. A functional test flight will be conducted following the replacement of any flight critical components, and, as required by the operating documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight. In addition, the operator will be required to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the UAS and its components. In the Astraeus Exemption and the Trimble Exemption, the FAA determined that the proposed UAS operations required exemption from FAR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), and that the achievement of an adequate level of safety required certain conditions and limitations. SkySkopes has proposed in this Petition a number of Limitations related to maintenance, inspections, and records which it believes provide a level of safety at least equivalent to that provided by FAR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). For this reason, and consistent with the exemptions granted from these sections in the Trimble Exemption, Astraeus Exemption, and Vertical Scapes Exemption, SkySkopes requests an exemption from these sections to conduct UAS operations as proposed in this Petition, subject to the conditions and limitations proposed above, without having to perform the inspections and maintenance items required by FAR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

A.6.2 FARs Relating to the Pilot Qualifications The FAA has consistently granted exemptions from FARs relating to remote pilot qualification and training. Consistent with prior FAA analysis and as required by the proposed limitations, SkySkopes UAS pilots will hold a valid remote pilot certificate. SkySkopes UAS pilots will also hold a current FAA airman medical certificate and a valid, current U.S. driver’s license. In addition, SkySkopes will 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 the exemption, including evasive/emergency maneuvers, and maintaining appropriate distances from persons, vessels, vehicles, and structures.

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A.6.3 FARs Relating to the UAS Operating Procedures Inasmuch as there will be no airworthiness certificate issued for the UAS, SkySkopes seeks an exemption from FAR § 91.7(a) Civil aircraft airworthiness, which requires that a civil aircraft be in an airworthy condition to be operated. While the UAS operated, SkySkopes will not have an airworthiness certificate, the FAA has determined that, for the purposes of this exemption, the pilot may determine the UA is in an airworthy condition prior to flight. An exemption is warranted because SkySkopes understands that, notwithstanding the lack of an airworthiness certificate, the FAA will consider its “compliance with [the SkySkopes Manuals] to be sufficient means for determining an airworthy condition” and that SkySkopes must still determine the UA’s airworthiness prior to each flight based on compliance with such Manuals. SkySkopes also seeks an exemption from FAR § 91.119(c) Minimum safe altitudes, to the extent necessary to allow UAS operations over other than congested areas at altitudes lower than those permitted by rule. SkySkopes seeks to operate at a distance of less than 500’, but greater than 200’ from any non-participant. The tether will not exceed 200’ creating a natural limit on the lateral distance the aircraft could travel in the event of an emergency and mitigating the risk of impacting a non-participant. The ability to operate at those altitudes is one of the key benefits of using small UAS for the proposed aerial data collection activities. An equivalent or greater level of safety will be achieved given the small size, relatively light weight, and slow speed of the UAS, as well as the controlled location where the operations will occur. Even at these low altitudes, SkySkopes’ UAS operations will be conducted at a level of safety equal to or greater than that achieved by a larger manned aircraft performing similar activities at the altitudes required by FAR § 91.119. SkySkopes also requests an exemption from FAR § 91.121 Altimeter settings, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. The FAA has stated that an equivalent level of safety to the requirements of FAR § 91.121 can be achieved in circumstances where the PIC uses an alternative means for measuring and reporting UA altitude, such as a global positioning system (GPS). See Amended Kansas State University Exemption, at 14. The UAS that SkySkopes intends to use for performing the proposed operations will be equipped with GPS or other equipment for measuring and reporting UAS altitude, and the PIC will check the UA altitude reading prior to each takeoff, effectively zeroing the UA’s altitude at that point. Consistent with previously granted

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exemptions, these requirements ensure that an equivalent level of safety will be achieved, and an exemption from the requirements of FAR § 91.121 is therefore appropriate. SkySkopes also seeks an exemption from FAR § 91.151(a)(1), Fuel requirements for flight in VFR conditions, which would otherwise require a 30-minute fuel reserve to be maintained. Technological and durational limitations on UAS battery power mean that no meaningful flight operations can be conducted while still maintaining a 30-minute battery reserve. The FAA has previously determined that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough available power for UAS to operate for the intended operational time and to operate after that with the reserve power recommended by the manufacturer would ensure an equivalent level of safety to the fuel requirements of FAR § 91.151.

A.7 Public Interest The public interest will be served in several ways by granting SkySkopes’ Petition. First, Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition helps fulfill Congress’ goal in passing Section 347 of the FAA Reauthorization Act of 2018; namely, the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the rulemaking required by 49 U.S.C. § 44802. More importantly however, and as recognized by the FAA in prior grants of exemption allowing commercial operation of UAS for purposes similar to those described herein, granting the requested exemptions will significantly improve safety and reduce risk. Currently, there is a risk of wildfires if soot breaks away during windy conditions and lands in vegetation. In order to inspect and clean, it requires a scaffolding, aerial lift, or crane depending on the height of the asset. The extended downtime during these operations, close proximity to the asset, and the height to manually perform the cleaning operations increases the risk of injury and cost. Furthermore, unmanned aircraft utilize batteries and are much smaller than the aerial lift platforms currently used to conduct this cleaning activity, which reduces the risk of aircraft fuel fire and injury to works in the surrounding area of the asset. Performing operations with a UAS is more efficient and does not require any person to be located at the top of the asset. Overall, the risk for both wildfire and injuries will be decreased.

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A.8 Federal Register Summary SkySkopes proposes the following summary for publication in the FEDERAL REGISTER: Docket No.: FAA-2021-______ Petitioner: SkySkopes, Inc. Sections of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). Description of Relief Sought: Petitioner seeks an exemption to operate UAS, which weigh more than 55 pounds, for industrial asset cleaning operations.

A.9 Operations Outside the U.S. SkySkopes does not request this exemption to operate outside of the United States.

A.10 Conclusion For the reasons outlined, SkySkopes respectfully requests that the FAA grant this Petition for Exemption. Should you have any questions, or if you need additional information to support SkySkopes Petition, please do not hesitate to contact the undersigned. Respectfully submitted Michael Johnson SkySkopes, VP of Business Operations