Blackbird Aerial Systems, LLC

June25, 2015

From: Thomas Brinton

To: Federal Aviation Administration

To Whom it May Concern,

In the FAA Modernization and Reform Act of 2012, Congress directed the FAA “to safely accelerate the integration 

of civil unmanned aircraft systems into the national airspace system” and, under Section 333 of that law, gave the 

FAA power to grant innovators “expedited operational authorization” to do so. By this petition, Blackbird Aerial 

Systems is seeking authorization to conduct sUAS operations on our own sites to improve safety for our employees

and ensure quality assurance for the facilities we are inspecting.

Further, granting this request will do nothing more than allow Blackbird Aerial Systems to do what thousands of

hobbyists and manufacturers of model aircraft do every day, except we will abide by much stronger safety

measures. Blackbird Aerial Systems has a licensed Airline Transport Pilot to manage our sUAS program. Under

his supervision we would provide a safe level of operation that is superior to current regulations. His experience as

a FAA licensed ATP pilot gives him an understanding of how manned aircraft safely navigate the National Airspace

System (NAS). This invaluable experience applied to Blackbird Aerial Systems UAS program equates to safe sUAS

use on our projects with no confliction with manned aircraft.

A. Mailing address and other contact information: 

Thomas Brinton

President, Blackbird Aerial Systems

13470 Lafayette St.

Thornton, CO 80241

720-235-7567 cell 

reachtom@gmail.com
Blackbird Aerial Systems, LLC

B. The specific section or sections of 14 C.F.R from which Blackbird Aerial Systems seeks exemption.

1. 14 CFR Part 21, Subpart H: Airworthiness Certificates.

2. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

3. 14 CFR 45.23 Display of Marks; General and 45.29 Size of Marks.

4. 14 CFR 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements.

5. 14 CFR 91.119 Minimum Safe Altitudes.

6. 14 CFR 91.121 Altimeter Settings.

7. 14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions.

8. 14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations.

9. FAA Notice 8900.227 Paragraph 16(c) (4) PIC Medical and Paragraph 16(e)(1) Observer Medical.

C. The extent of relief Blackbird Aerial Systems seeks, and the reason Blackbird Aerial Systems seeks the

relief.

Blackbird Aerial Systems seeks exemption from several interrelated provisions of 14 C.F.R. Parts 21,

45, 91, and FAA Notice 8900.227 to the extent necessary to engage in commercial operations of a

sUAS on our own sites. If granted these exemptions we would operate the sUAS with the property

owner’s written permission. Blackbird Aerial Systems intent is to use a sUAS for the following purposes:

1. Quality Control / Quality Assurance Inspections

2. Aerial Surveys

3. Aerial Photography

4. Search and Rescue

5. Wildlife research

We have detailed below a significant set of safeguards that will apply to our proposed sUAS operations. 

Operations under these safeguards will provide a level of safety exceeding the level of safety required of similar 

sUAS operations that the FAA authorizes currently. In addition, our operations will not create a hazard to users of 

the national airspace system or the public or pose a threat to national security and are thus consistent with the 

congressional mandate in Section 333 of the FAA modernization and Reform Act of 2012, which gives the FAA a 

mechanism to allow certain UAS to operate safely in the national airspace system.
Blackbird Aerial Systems, LLC

D. The reasons why granting Blackbird Aerial Systems request would be in the public interest; that is, how it

would benefit the public as a whole.

This would benefit the public by giving Blackbird Aerial Systems a capable risk mitigated platform. The proposed

sUAS gives Blackbird Aerial Systems an alternative to manned aircraft in order to accomplish necessary and

required operations. This in turn could prevent accidents and/or deaths. This would have a positive trickledown

effect to families of our employees and people that work on site which ultimately benefits the public.
Blackbird Aerial Systems, LLC

E. The reasons why granting the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which Blackbird Aerial Systems

seeks the exemption.

Blackbird Aerial Systems sUAS operations will provide a level of safety that far exceeds the level of safety required

by the FAA for hobbyists and manufacturers of model aircraft. The following operating procedures will apply during

the sUAS operations under this exemption request.

1. The sUAS that Blackbird Aerial Systems has chosen to work with is the Phantom Vision 2 and/or 3, DJI Inspire 

1 and will be powered via a battery source. Blackbird Aerial Systems will only use sUAS that are below 4.4

pounds now and in the future.

2 Blackbird Aerial Systems operations will be conducted:

i. within the visual line of sight of the Pilot in Command (PIC) and one or more Visual Observers (VO). 

ii. at less than 400 feet AGL

iii. within Class G airspace.

3. Blackbird Aerial Systems operations will be conducted in a confined area over isolated private property located at 

least 5 miles away from any airport, heliport, seaplane base, spaceport or other location with aviation activities, and 

any military or U.S. government installations or airfields. If we are within the 5 mile radius of any of the above 

installations Blackbird Aerial Systems will seek written approval from that installation’s owner before sUAS

operations take place. If said installation owner requires stricter guidelines for operation then Blackbird Aerial 

Systems will comply.

4. All sUAS operations will remain within the lateral and vertical boundaries of the operating area, taking into 

account all factors, including wind, gross weight and glide distances, that may affect the capability of the sUAS to 

remain within the airspace boundary; moreover, the ceiling height will be no more than 400 feet AGL.

5. Blackbird Aerial Systems sUAS operations under this exemption will be conducted under the supervision

designated PIC who ultimately has final responsibility for the operation in accordance with 14 C.F.R. 91.3 and holds

a FAA private pilot license.

6. PIC will maintain the sUAS system in a condition for safe operation, and conduct a pre-flight inspection prior to 

each flight so as to ensure that the sUAS, control station, data link equipment, camera, and support equipment are 

in a condition for safe operation and in a configuration appropriate for the purpose of the intended flight.
Blackbird Aerial Systems, LLC

 7. The PIC and VO 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.

8. Each sUAS that Blackbird Aerial Systems will employ under this exemption will safely return automatically to a

home location designated by the PIC if the communications link is lost.

9. The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable, will be available to the

PIC referred to above at any time Blackbird Aerial Systems sUAS are operating.

Blackbird Aerial Systems will effectively operate under our own standard operating procedures that will

provide additional safeguards that go far beyond the level of safety for public model airplane fields.

F. A summary the FAA can publish in the Federal Register, stating: (1) The rule from which you seek 

the exemption; and (2) A brief description of the nature of the exemption you seek.

1. Petitioner: Blackbird Aerial Systems

2. Sections of 14 C.F.R. Affected: §§ Part 21, Subpart H; 91.203; 45.23; 91.9; 91.119; 91.121; 91.151; Subpart E;

and 8900.227 para(16)(4).

3. Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§ Part 21, Subpart H;

91.203; 45.23; 91.9; 91.119; 91.121; 91.151; Subpart E; and 8900.227 para(16)(4)in order to conduct commercial 

small unmanned aircraft system operations on supported sites with owner approval subject to operating procedures 

that meet or exceed those that FAA requires for similar operations.

G. Any additional information, views, or arguments available to support your request.

Please see the introduction to this exemption request.

H. If you want to exercise the privileges of your exemption outside of the United States, the reason why you 

need to do so.

Blackbird Aerial Systems does not wish to exercise the privileges of this exemption outside of the United States at

this time.
Blackbird Aerial Systems, LLC

Thank you for your consideration and I look forward to your response. I can be contacted directly 

via email or cell phone at your convenience.

Sincerely, Blackbird Aerial Systems

Thomas Brinton, President

Blackbird Aerial Systems, LLC

Thornton, CO 80241