April 29, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC, 20590

RE: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of

2012 and 14 C.F.R. Part 11

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11,

Black Swift Technologies ("BST") seeks an exemption from the Federal Aviation Regulations detailed below

for the Tempest, Skywalker EP, Skywalker X8, SuperSwift, and Apollo UAS all controlled by the SwiftCore

Flight Management System developed by BST. The requested UAS all have a maximum gross takeoff weight

of 15 lbs or less and are fixed wing aircraft with electric propulsion. It should be noted that the Skywalker

X8 and the Tempest with the SwiftCore FMS are currently approved under multiple FAA Certificates of

Authorization (COA’s) and are being utilized for (but not limited to) cooperative flight experiments with

multiple UAS, severe storm research, soil moisture mapping, and multi-spectral mapping for agriculture.

The requested exemption would allow BST to pursue commercial interests in aerial data collection

using small unmanned aircraft systems. The systems proposed will be used to conduct data gathering for

agricultural applications, aerial inspections, mapping, surveying, R&D and product demonstrations. The

team at BST has experience conducting legal UAS flight operations under COA’s since 2008 and has amassed

hundreds of successful flights through work at public institutions. This work includes self certifying systems

using MIL-HDBK 516B, interfacing with the FAA, performing all reporting duties required under the COA

system, issuing NOTAMS prior to flight, and performing the flight operations as both pilot-in-command

(PIC) and visual observer. The team at BST will continue using this level of experience and professionalism

to conduct safe commercial operations of small UAS. The BST flight team will operate in accordance with

FAA N 8900.227 and utilize both a Pilot in Command and a ground-based visual observer. BST will

also utilize emergency, lost link, and lost communication procedures previously approved for FAA COA’s.

These are available upon request. All flights under these exemptions will be conducted with the following

restrictions:

1. Flights will be in Class G airspace at no more than 400’ AGL.

2. The UAS will be operated over private property only with the permission of the owner.

3. The UAS will not be operated over populated areas.

4. The UAS will not be operated within 5NM of an airport.

5. Operations will be limited to daytime operations under visual meteorological conditions.

6. The aircraft will remain within visual line of sight of the observer at no more than 1/2NM range.

7. A NOTAM will be issued prior to flight operations.
8. The UAS will have a maximum GTOW of less than 55lbs.

9. The aircraft will be U.S. registered and display the N-number.

10. The PIC and Observer will possess the certifications required under N 8900.227.

11. No operator or observer will engage in, nor may an operator or observer permit, any activity during a

critical phase of flight which could distract any operator or observer from the performance of his/her

duties or interfere in any way with the proper conduct of his/her duties.

12. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS and

associated systems are in a condition for safe operation.

13. The PIC and observers will maintain two-way communications with each other during all operations;

if unable to maintain two-way communications, or if any condition occurs that may otherwise cause

the operation to be unsafe, the operator will immediately conclude the operation.

14. The aircraft automatically return to a specific location if the communications link is lost.

15. All flights will be conducted below 70mph.

The regulations from which the exemption is requested are as follows. The Appendix contains details

of the BST operations related to showing an equivalent level of safety for these exempt regulations.

• 14 C.F.R. Part 21, Subpart H

• 14 C.F.R. §91.203(a) and (b)

• 14 C.F.R. §45.23(b)

• 14 C.F.R. §61.23(a)

• 14 C.F.R. §61.113(a) and (b)

• 14 C.F.R. §61.133(a)

• 14 C.F.R. §91.7(a)

• 14 C.F.R. §91.9

• 14 C.F.R. §91.109(a)

• 14 C.F.R. §91.119

• 14 C.F.R. §91.121

• 14 C.F.R. §91.151(a)

• 14 C.F.R. Subpart E (§91.401 - §91.417)

UAS Overview

Black Swift Technologies is submitting this requiest for exemption for 5 different airframes being flown

with the SwiftCore Flight Management System. The SwiftCore is comprised of the SwiftPilot autopilot,

SwiftStation ground control station, and the SwiftTab user interface. The SwiftCore has been approved for

use with both the Tempest and Skywalker X8 airframes by the University of Colorado for operations in

fundamental UAS research, atmospheric science missions, and soil moisture mapping with multiple FAA

COA’s. Furthermore, the University of Nebraska is using the Tempest and SwiftCore FMS under an FAA

COA to perform aerodynamic research applied towards agriculture. The Tempest with the SwiftCore FMS

has also successfully been reviewed by NASA Ames through a Flight Safety and Flight Readiness Review

Board.

BST is proposing using these two airframes along with three other airframes; the Apollo, Skywalker

EP, and SuperSwift to pursue further commercial applications. All 5 of these airframes are fixed wing

aircraft with electric propulsion. In pursuing these applications, BST will continue to follow the standards

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and safety procedures learned from 7 successful years of operating under the COA program.

Figure 1 below contains images of these 5 airframes and Table 1 contains more detailed information

on these systems. The SwiftCore FMS allows for both manual flight through an RC transmitter and fully

autonomous waypoint following using independent systems. The emergency and lost link procedures designed

into the SwiftCore FMS are derived from the teams experience from work done at the University of Colorado

while operating various UAS under COA’s. These procedures are available upon request. BST proposes

that small size and weight of the UAS included in this request for exemption, flown under the guidelines of

N 8900.227 will have an equivalent level of safety to manned aircraft performing similar missions.

Figure 1: From left to right, top to bottom: Tempest, Skywalker X8, Skywalker EP, SuperSwift, Apollo.

Aircraft Wing Span Max GTOW Construction

Tempest 10’ 15 lbs Fiberglass and Carbon Fiber

Skywalker X8 7’ 8 lbs Foam

Skywalker EP 6’ 4 lbs Foam

Apollo 6’ 6 lbs Fiberglass and Foam

SuperSwift 10’ 13lbs Fiberglass and Carbon Fiber

Table 1: Size, weight, and composition specs of the aircraft.

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The name and contact information of the applicant are:

Black Swift Technologies LLC

Attn: Jack Elston

Phone: (720) 638-9656

E-mail: elstonj@blackswifttech.com

BST requests exemption under Section 333 to enable safe commercial UAS operations for the activities

stated. By approving these exemptions the FAA will create benefits to the areas mentioned that is ultimately

in the public interest. Please contact us if you require additional information or clarification.

Sincerely,

Jack Elston

CEO

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APPENDIX

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required.

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates

as required by FAR Âğ 91.203(a). BST requests and exemption from these rules and will utilize and internal

airworthiness process based on MIL-HDBK 516B that has been used by the BST team for both operations

under existing FAA COA’s and to complete a NASA Flight Safety and Flight Readiness Review Board.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.

The BST team has experience with self certifying UAS for FAA Certificates of Authorization using the

MIL-HDBK 516B standard that will provide an equivalent level of safety.

14 C.F.R. §45.23(b) - Display of marks; general.

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. Given the size of the

UAS (maximum fuselage length of 6 feet for the Tempest), this requirement is impossible to match. The

equivalent level of safety will be achieved by having the registered N-number in 1 inch lettering on the side

of the fuselage.

14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration.

Regulations provide that a person must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other

than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAS in this petition and the limited flight area and the safety features integrated in

the autopilot BST believes that an Equivalent Level of Safety can be reached if the operator has a valid

drivers license.

14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in

Command; Commercial Pilot Privileges and Limitations

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial operations,

and §61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial

pilot certificate.

BST requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that above

mentioned UAS may be operated by individuals who have a private pilot certificate.

Based upon the design features of the Puma, its autopilot system, and safety factors, the FAA should

permit operation of UAS by operators with a private pilot certificate when the conditions described above

have been satisfied. The above-described conditions are in-line with those set forth in Volume 16, Chapter 4,

Section 1 of FAA Order 8900.1.

BST proposes to conduct operations in accordance with these restrictions. Given these conditions

and restrictions, an equivalent level of safety will be provided by allowing operation with a private pilot

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certificate. The risks associated with the operation of the SuperSwift, Skywalker EP, Skywalker X8, Tempest,

and Apollo (given the size, speed, operational capabilities, and lack of combustible fuel) are so much less

than the level of risk associated with fixed wing and rotorcraft operations, both private and commercial, as

contemplated by Part 61, that allowing operations of these UAS, as set forth above, meets or exceeds the

present level of safety provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a).

14 C.F.R. §91.7(a) - Civil aircraft flight manual, marking, and placard requirements

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. BST

requests that an exemption be granted allowing commercial operation without an airworthiness certificate.

Given the size of the aircraft and the procedure of utilizing MIL-HDBK 516B, an equivalent level of safety

will be achieved.

14 C.F.R. §91.9(b)- 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. BST assumes that the intent of this requirement is to ensure that flight manual information

is available to the aircrew while operating the aircraft. BST requests an exemption to this requirement since

the aircraft is not only too small to carry documentation, but the documentation would not be available to

the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the SwiftCore FMS user

manual with the ground crew.

14 C.F.R. §91.109(a) - Flight instruction; Simulated instrument flight and certain flight tests

Sections 91.109(a) provides that no person may operate a civil aircraft that is being used for flight instruction

unless that aircraft has fully functioning dual controls. The UAS in this exemption are remotely piloted

aircraft, and, by design, not equipped with fully functional dual controls. Flight control is accomplished

through the use of a control box that communicates with the aircraft via radio communications. Utilizing a

pilot skilled in remote piloting will provide an equivalent level of safety.

14 C.F.R. §91.119 - Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the UAS in this exemption will be operating at a

maximum of 400 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety

BST will only fly over private property with the permission of the land owner. The land owner will be

briefed of the expected route of flight and the associated risks to persons and property on the ground. We

maintain that due to the small size of the BST UAS, the hazard to persons, vessels, vehicles, and structures

is not comparable to manned aircraft and should be considered in granting the exemption. Furthermore,

BST will not operate over congested areas nor over any open air assembly of persons. In the event of power

unit failure and operating at 400 feet altitude, the PIC will be able to conduct an emergency landing without

undue hazard to persons or property on the ground.

14 C.F.R. §91.121 - Altimeter settings.

The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 nautical miles of the aircraft. The UAS will fly below 400 feet AGL and will not need to

maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. To provide an equivalent

level of safety, the BST autopilot calculates the reference altitude (ground level) with the on-board GPS

during the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in-flight.

14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions.

The regulation states 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.

As the aircraft in this request are electric-powered, this requirement is inapplicable. An equivalent level of

safety is achieved through a low battery power warning on the SwiftStation when there is 10 minutes of

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battery power remaining. Since all operations are within 1/2NM of the operator this will allow the aircraft

to safely land if this warning is active.

14 C.F.R. Subpart E (§91.401 - §91.417) - Maintenance, Preventive Maintenance, and 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.

BST plans to have 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 flight and conduct detailed inspections after every 10 flight hours. Additionally, the SwiftStation

puts the operator through a checklist prior to each launch. 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.

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