106003 Overseas Hwy Apt 1801 Key Largo, FL 33037

E-mail: chris@blacktipaerial.com

Website: www.blacktipaerial.com

Phone: 305-707-8963

Date: February 29, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Petition of Blacktip Aerial, LLC for Exemption Pursuant to Section 333 of the

FAA Reform Act

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Blacktip Aerial, LLC, operator of small unmanned aircraft systems

(“sUAS”) equipped to conduct aerial photography and videography, hereby applies for an

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial

operation of its sUAS, so long as such operations are conducted within and under the

conditions outlined herein or as may be established by the FAA as required by Section 333.1.

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1)

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow

Blacktip Aerial, LLC to conduct commercial operations of small unmanned aircraft systems

(“sUAS”) meeting or exceeding all of the operational and safety requirements Congress has

set forth in Section 333.
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Blacktip Aerial, LLC is a media/technology company that plans to exploit the capabilities of

unmanned aerial systems to offer a multitude of photography and videography services,

including:

● Residential and commercial real estate

● Boating and watersports

● Wildlife monitoring

● Construction and inspections

● Special events

● Surveying and mapping

● Agriculture and golf courses

● Search and rescue

● Educational and research applications

Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a

mechanism for seeking expedited FAA authorization of safe civil sUAS operations in the

NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion of the

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear

that Section 333 provides a mechanism for “expedited operation authorization” if several

factors are met. Petitioner meets all requirements to permit FAA approval of commercial

sUAS operations.

The Petitioner Requests Relief From the Following:

Regulations from which the exemption is requested:

● 14 C.F.R. Part 21

● 14 C.F.R. 45.23 (b)

● 14 C.F.R. 61.113(a) and (b)

● 14 C.F.R. 91.7 (a)

● 14 C.F.R. 91.9 (b) (2)

● 14 C.F.R. 91.109

● 14 C.F.R. 91.119

● 14 C.F.R. 91.121

● 14 C.F.R. 91.151(a)
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● 14 C.F.R. 91.203 (a) & (b)

● 14 C.F.R. 91.205 (b)

● 14 C.F.R. 91.215

● 14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System

sUAS are oftentimes seen as superior to helicopters due to the smaller devices cheaper

equipment and personnel cost, reduced noise and as such, a much smaller environmental

impact which promotes public safety.

We are petitioning for exemption to enable Blacktip Aerial, LLC to operate a DJI Phantom 3

Professional which is equipped with a gimbal and HD camera. This sUAS has a built-in

capability to limit the height it flies above the ground, to limit the radius of the distance it flies

from the operator and to exclude it from Class B, C and D airspace including a no fly zone

feature. The Phantom also has the failsafe function of the Naza-M autopilot system which

means when the communication between the main controller and the transmitter is

disconnected, the outputs of all command sticks from controller will go to the center position

and the system will automatically trigger “Return to Home” and land safely.

The above specifications meet with the Model Aircraft Operating Standards as set

below:

● Blacktip Aerial, LLC will only operate its sUAS in line of sight of a pilot and/or

observer and will operate at sites that are a 'sufficient distance' from populated areas

within the sterile area described in the FOPM. Such operations will insure that the

sUAS will "not create a hazard to users of the national airspace system or the public."

● When flying sUAS within 5 miles of an airport, airport operators will be notified and

the operator will give the right of way to avoid flying in the proximity of full-scale

aircraft.

● Maximum flight time for each operational flight will be 30 minutes.

● Flights will be terminated at 25% battery power reserve should that occur prior to the

30 minute limit.

● The sUAS will be programmed so that it will not be operated at an altitude of no more

than 400 feet AGL, and not more than 200 feet above an elevated platform from

which filming is planned.

● Minimum crew for each operation will consist of the sUAS pilot and visual observer.
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● The sUAS operated by the petitioner weighs less than 55 pounds, including the

payload (i.e. camera, lens, and gimbal).

● The sUAS will operate at speeds of no more than 50 knots, can hover, and can

simultaneously move vertically and horizontally.

Given the small size of the sUAS and the restricted sterile environment within which they will

operate, our sUAS operations adhere to the Reform Act's safety requirements. 

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger

aircraft

running on combustible fuel, it operates at lower altitudes with no people on board and will

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of

death or serious bodily injury. With a small payload and maximum flight time of only 30

minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, complex properties with several

buildings and large trees. The applicants in the past have chartered 2-seat full-sized

helicopters for this purpose, which has proven more costly than many potential clients have

been able to afford. The benefits of reduced cost and improved quality of presentation from

the sUAS will be valuable to and benefit many buyers and sellers of real property.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including firefighters, the police, the sheriff, et al., while

remaining subject to all limitations cited in this application as we do so.

A. No flight will be made with a Gross weight exceeding 55 pounds;

B. All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC;

C. All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

D. Operations will be restricted to flights over private property with the permission of the

property owner;

E. All required permits will be obtained from state and local government prior to

operation;
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F. Blacktip Aerial, LLC will not be operate over densely populated areas;

G. Blacktip Aerial, LLC will not be operating over any open-air assembly of people;

H. Blacktip Aerial, LLC will not be operating over heavily trafficked roads;

I. Blacktip Aerial, LLC will not be operating within 5 NM of an airport or heliport;

We respectfully request exemption under Section 333 to enable Blacktip Aerial, LLC to

operate efficient, limited, low-risk commercial sUAS operations for the activities stated

respecting at all times the space and privacy of citizens and property whilst keeping our

skies safe.

Sincerely,

Chris Aldrich

Blacktip Aerial, LLC

106003 Overseas Hwy Apt 1801 Key Largo, FL 33037

E-mail: chris@blacktipaerial.com

Website: www.blacktipaerial.com

Phone: 305-707-8963

_______________________________________

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Blacktip Aerial, LLC requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAS System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While

the FAA continues to work to develop airworthiness standards for unmanned aerial systems,

we request an experimental certificate be issued for the DJI Phantom 3 Professional under

either or both of the following provisions:
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21.191 Experimental certificates

Experimental certificates are issued for the following purposes:

A. Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new uses

for aircraft.

B. Showing compliance with regulations. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show

compliance for issuance of type and supplemental type certificates, flights to

substantiate major design changes, and flights to show compliance with the function

and reliability requirements of the regulations. Since the experimental certificate can

be used for commercial purposes such as market surveys, sales demonstrations, and

customer crew training, we would expect that an experimental certificate would

permit our commercial purpose as well.The aircraft will not carry persons or

property, will not carry fuel, and will only fly under strict operational requirements.

Combined with the sUAS's light weight, being constructed primarily of carbon fiber

and plastic, we propose that the sUAS will be at least as safe, if not safer, than a

conventionally certificated aircraft performing the same mission. If an experimental

airworthiness certificate is not appropriate for this application, then we request an

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness

certificate in general, citing the equivalent level of safety outlined in the previous

paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. ​These regulations

provide that each aircraft must display "N" and the aircraft's registration number in letters at

least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The

sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and

may not have a registration number assigned to it by the FAA. We propose to achieve an

equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top

of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and

others in the vicinity of the aircraft while it is preparing for launch will be able to see the

designation. Additionally, we feel that the permanent placard discussed in the previous

paragraph will provide the aircraft's registration information at the ground station. Finally, we

will display at the ground station a high contrast flag or banner that contains the words
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"Unmanned Aircraft GroundStation" in letters 3 inches high or greater. Since the aircraft will

operate within 3/4 NM of the ground station, the banner should be visible to anyone that

observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations. ​The regulation provides that no person that

holds a Private Pilot certificate may act as Pilot in Command (PIC) of an aircraft for

compensation or hire. Subparagraph (b) allows a private pilot to act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire. Our proposed operations require that the PIC must hold at least a

Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or

property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of

this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate​.

As no such certificate will be applicable in the form contemplated by the FARs, this

Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements​. This

regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight

manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation,

the documentation would not be available to the crew during flight operations. To obtain an

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft

is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The sUAS System

ground-based control station consists of a small hand-held radio transmitter and while it

does not offer a second set of "controls", both the student and instructor can, and will,

operate the single set of controls simultaneously. With both student and instructor having
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"hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and

provides an equivalent level of safety.

91.119 Minimum safe altitudes​: General. The regulation states that over sparsely populated

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or

structure. Since the typical mission of the sUAS would be photography or survey of persons,

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the

items listed. Operations will only be flown over property or persons where permission has

been obtained and careful pre-planned has been performed. The aircraft will be operated at

a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to

persons or property on the surface. Therefore we maintain that due to the small size of the

sUAS, the hazard to persons, vehicles and structures is minimal compared to manned

aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings​. The regulation requires that aircraft shall maintain cruising

altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The

sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement

above the takeoff point is transmitted via radio from the sUAS on-board computer to the

display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions​. The regulation provides

that no person may begin a flight in an airplane under day-vFR conditions unless there is

enough fuel to fly to the first point of intended landing and to fly after that for at least 30

minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety

buffer for delays to landing. The sUAS is battery operated and the maximum duration of flight

from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly

more than 3f4 NM from the point of intended landing, a full battery charge at launch will

ensure that we meet the reserve energy requirement of this paragraph. We request an

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required​. The regulation provides that

an airworthiness certificate, with the registration number assigned to the aircraft and a

registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides

that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is
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legible to passengers or crew." At a maximum gross weight of 3 pounds, the sUAS is too

small to carry documentation, does not have an entrance, and is not capable of carrying

passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we

propose that documents deemed appropriate for this aircraft by the FAA will be co-located

with the crew at the ground control station and available for inspection upon request. In

order to identify the aircraft, we propose that the information found on airworthiness and

registration certificates be permanently affixed to the aircraft via placard containing the

following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR

45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations​.

The regulation provides that the operator is primarily responsible for maintaining the aircraft

in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized

under 43.7" after maintenance and inspection. It is our intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for

return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to

every flight and in addition conduct detailed inspections after every two hours of flight.

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller,

checking electrical connections and updating software and firmware for the on-board

computer. All other maintenance will be performed by the manufacturer or their designated

repair facility. The PIC will document work performed in accordance with 91.417. We feel

that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an

equivalent level of safety.

Safety and Benefits of the sUAS

Blacktip Aerial, LLC will be using the sUAS in a variety of applications that generally require

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer

myriad benefits over the use of full-sized manned aircraft for electric power line inspection,

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a

few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with

sUAS carrying no passengers or crew creates a much greater margin of safety for the pilots

and crew.

By granting Blacktip Aerial, LLC‘s requested exemptions, the FAA will help drive
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development of safe and successful commercial sUAS operations and will advance the

public knowledge base for such operations. Blacktip Aerial, LLC is committed to promoting

the sUAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by

sharing data from its commercial sUAS operations and serving as a resource for future sUAS

research operations. Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, all the sUAS which our company would use, under

authorization by the US DOT-FAA, are small, lightweight devices operated within the line of

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,

unless the air traffic control authorities (ATC) have been notified and have authorized each

flight within a radius of this distance.

All our sUAS have proven capability for controlled flight. They are devices offered for general

sale on the market around the world and have often been used as Model Aircraft in the USA.

We are certain that the studies conducted until now by the FAA, about Section 332, Public

Law 112-95, 2014, have already provided you with the assurances on the airworthiness of

sUAS such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Blacktip

Aerial, LLC should be permitted to conduct sUAS operations in accordance with its manuals

and all other operating parameters deemed necessary and appropriate by the FAA.

The submission of this application and its contents is the best demonstration that indeed it is

possible to pursue the authorization process so that some sUAS may be used for legitimate

commercial activities and under reasonably safe conditions.
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106003 Overseas Hwy Apt 1801 Key Largo, FL 33037

E-mail: chris@blacktipaerial.com

Website: www.blacktipaerial.com

Phone: 305-707-8963