BLACK MESA AVIATION CO.

 d r o n e s e r v i c e s

U.S. Department of Transportation Black Mesa Aviation Co.

Docket Management System 509 W. 2nd St.

1200 New Jersey Ave., SE Hale Center, TX 79041

Washington, DC 20590 806-576-8267

Petition of Black Mesa Aviation Co., for Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012.

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11,

Black Mesa Aviation Co., hereby applies for an exemption from Federal Aviation Regulations

(FAR) identified below, to allow commercial operations of small unmanned aerial system (i.e.,

sUAS).

This exemption is in accordance with protocols outlined in this petition for exemption, the

enclosed sUAS manufacturer's operations and/or instructions manual, sUAS User's Manuals,

sUAS Quick Start Guides, and any other requirements established by the FAA pursuant to 

Section 333 of the Reform Act.

This exemption would permit commercial operation by Black Mesa Aviation Co. (BMAC), 

which uses versions of 3DRobotics Iris+ and Storm Drone Antigravity to conduct sUAS flight 

training, support to news services, real estate photography and videography, construction, 

agriculture, education, oil and gas industry infrastructure inspection and demonstration flights.

Black Mesa Aviation Co.’s operation under the exemption will be subject to strict operating 

requirements and conditions to ensure an equivalent level of safety to currently authorized 

operations using manned aircraft and under conditions as may be modified by the FAA as 

required by Section 333.2.

Black Mesa Aviation Co. will be operated under controlled VFR conditions at low altitude in 

airspace that is permitted in accordance with Black Mesa Aviation Co.'s approved Certificate of

Authorization (COA). BMAC will operate the sUAS with pilots who are current and qualified

with an FAA Pilot Certificate and only after completing BMAC's training program. Finally, 

when operating within controlled airspace, the controlling FAA ATC will approve the airspace in 

which the sUAS will operate in advance.
Black Mesa Aviation Co. respectfully submits this request for an exemption because it operates

sUAS. The operations BMAC will be conducting will be in lieu of considerably hazardous 

operations now conducted with fixed wing and rotary conventional aircraft. The FAA can have 

confidence that the operations will be conducted at an equivalent level or greater level of safety. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the Reform

Act to "establish requirements for the safe operation of such aircraft systems in the national 

airspace system."

For your convenience, Black Mesa Aviation Co. has organized this Petition for Exemption as 

follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion

I. Petitioner's Description

Black Mesa Aviation Co., headquartered in Hale Center, Texas, is a company that provides

sUAS flight training, support to news services, real estate photography and videography,

construction, waterway and land planning and use photography, precision agriculture, education, 

oil and gas industry infrastructure inspection, and demonstration flights in a compliant and safe

environment. BMAC plans on providing a wide range of services as the sUAS market expands.

The contact information for Petitioner is as follows:

Black Mesa Aviation Co.

P.O. BOX 124

Hale Center, TX 79041
II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a)

through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned

aircraft systems may operate safely in the National Airspace (NAS) before completion of the

fom1al sUAS rulemaking, based on the following considerations:

• The sUAS size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the sUAS within the visual line of sight of the operator.

If the Secretary determines that such vehicles "may operate safely in the National Airspace

System, the Secretary shall establish requirements for the safe operation of such aircraft in the

National Airspace System".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety

regulations and minimum standards when the Administrator decides a requested exemption is in

the public interest. A party requesting an exemption must explain the reasons why the

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it would provide a level of safety at least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from a requirement of a 

regulation

prescribed under subsection (a) or (b) of this section or any of 

sections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are

satisfied.

The proposed operations would permit Black Mesa Aviation Co. the use of small sUAS under

controlled conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that

(3) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft

are used to accomplish the same purpose.
Black Mesa Aviation Co. utilizes sUAS that are multirotor aircraft, weighing less than 55 pounds 

including payload. They operate, under normal conditions, at speeds not to exceed 50 mph. The 

multirotor has the capability to hover and move in the vertical and horizontal plane. BMAC's 

sUAS will operate in line of sight, during daylight hours, and will only operate within a secure 

area. BMAC will operate at or below 400 feet AGL and will file a NOTAM for each flight 

operated in controlled airspace that is required. All required permissions and permits would be 

obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, 

or other appropriate governmental agencies prior to operating an sUAS.

Given the small size of the sUAS involved and the restricted secure environment within which

they will operate, Black Mesa Aviation Co.'s exemption falls within the zone of safety and

demonstrates an equivalent level of safety, in which Congress desired the FAA to permit

commercial sUAS operations by exemption, pending completion of formal rulemaking. Also, 

due to the size of the sUAS and the confined area in which these sUAS will operate, approval of

the application presents no hazard in the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed

operations, and the significant public benefit, the grant of the requested exemptions is also in the

public interest.

IV. Description of Proposed Operations

To assist the FAA in its safety assessment of Black Mesa Aviation's proposed sUAS

operations, below is a summary of operational limitations and conditions that will ensure an

equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the PIC and/or visual observer.

3. Maximum total flight time for each operational flight will be limited to the amount of

time the sUAS can be flown and still maintain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited

structures, buildings, vehicles, vessels, people not associated with the operation or who

have not signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the sUAS Pilot in Command and a

Visual Observer when operating with the use of FPV equipment. Additional crewmembers may 

consist of a Pilot and Camera Operator.
7. The sUAS Pilot in Command will be an FAA licensed airman with at least a private

pilot's certificate, second class medical, and a current check required by14 CFR Part

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

8. Black Mesa Aviation will designate a Pilot in Command (PIC) for each mission.

9. The sUAS will operate only within a confined secure area.

10. Prior to operations at a particular location, a site inspection will have been

conducted. On the day of the mission the managing person with operational control

and the PIC will concur on dispatching of the mission.

11. A briefing will be conducted in regard to the planned sUAS operations prior to each

day's missions. It will be mandatory that all personnel who will be performing duties

within the boundaries of the secure area be present for this briefing.

12. Black Mesa Aviation crew will use the checklist and callouts.

13. All sUAS will be maintained in compliance with the manufacturers and Company

guidelines.

14. In the event of an accident involving a Black Mesa Aviation sUAS, the PIC will

cease operations and report the accident to the NTSB and AFS-80.

15. Pilot in Command and Visual Observer will at all times be able to communicate by

voice.

16. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational

Personnel will have been trained and tested in accordance to Black Mesa Aviation's

sUAS Aircraft Training Manual.

17. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire or other appropriate governmental

agencies.

18. In compliance with the approved Waiver, Black Mesa Aviation management will

submit a written "Plan of Activities" to the local Flight Standards District Office (FSDO)

having jurisdiction over the area of proposed filming three days in advanced of

operations during video productions.

19. If the sUAS loses communications signal, the sUAS will have the capability to return

to a pre-determined location within the Secure Area and land.

20. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the pilot and the observer.
21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or

emergencies.

22. Black Mesa Aviation will assure no individuals' privacy is violated.

23. ATC will be contacted prior to operating in airspace other than G.

V. Regulations From Which Exemption is Requested

A. 14 CFR § 91.103: Preflight Action

B. 14 CFR § 91.113: Right-of-Way Rules

C. 14 CFR § 91.119 (c): Minimum Safe Altitudes

D. 14 CFR § 91.121: Altimeter Settings

E. 14 CFR § 91.151 (b): Fuel Requirements for Flight in VFR Conditions

F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance

 Inspections

A. 14 CFR § 91.103: Preflight Action

Black Mesa Aviation requests an exemption from the preflight actions requirements of 14

CFR 91.113 that prescribes the preflight actions under which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all available

information concerning that flight.

(a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and

forecasts, fuel requirements, alternatives available if the planned flight cannot be

completed, and any known traffic delays of which the pilot in command has been advised

by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff

and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual

containing takeoff and landing distance data is required, the takeoff and landing

distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b )(1) of this section,

other reliable information appropriate to the aircraft, relating to aircraft

performance under expected values of airport elevation and runway slope, aircraft

gross weight, and wind and temperature.
Black Mesa Aviation will not operate sUAS under IFR conditions or when the ceilings are

below 1000 feet and the visibility is below 3 statute miles. Neither Storm Drone, nor 3DR sUAS 

have published approved Airplane or Rotorcraft Flight Manual containing takeoff and

landing distance data.

Equivalent Level of Safety

Black Mesa Aviation will ensure that the weather will be adequate to complete the mission

in VFR condition. Since Black Mesa Aviation operates in traditionally density altitude area,

never usually above 3500 feet MSL, sUAS performance is not affected. When Black Mesa 

Aviation operates at a high altitude location, the UAS will be test flown at gross weight to test 

performance limitations prior to conducting commercial operations.

B. 14 CFR 91.113: Right-of-Way Rules

Black Mesa Aviation requests an exemption from 14 CFR 91.113 Right-of-way rules,

requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft.

When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that

aircraft and may not pass over, under, or ahead of it unless well clear.

Black Mesa Aviation operates small pilotless sUAS and cannot comply with these rules as

they have been written.

Equivalent Level of Safety

Black Mesa Aviation operates sUAS at or below an altitude of 400 feet AGL, well below

the normal operating altitude of other aircraft. A Black Mesa Aviation PIC with extensive

aeronautical experience will oversee each mission and has knowledge of the avoid rules. A

Visual Observer will assist the PIC in looking for aircraft entering the operations area. It's the

responsibility of the PIC to cease operations and land the sUAS immediately whenever an

aircraft comes into the vicinity creating a potential threat. Operations cannot recommence until

the threat is clear.

C. 14 CFR. § 91.119: Minimum Safe Altitudes

Black Mesa Aviation requests an exemption from the minimum safe altitude requirements of

14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate:

• Over any congested area of a city, town, or settlement, or over any open air

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a

horizontal radius of 2,000 feet of the aircraft.

• Over other than congested areas at an altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft

may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 
Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it

can be operated "without hazard to persons or property on the surface," provided that "each

person operating the helicopter complies with any routes or altitudes specifically prescribed for

helicopters by the FAA."

To provide the intended operations, the sUAS is normally operated below 400 feet AGL.

Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral

distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from

people not associated with the operation.

Equivalent Level of Safety

Compared to flight normal aircraft, Black Mesa Aviation’s multi-rotor aircraft weigh a

maximum of 25 pounds, and given the lack of flammable fuel, any risk associated with these

operations are far less than those that presently exist with conventional aircraft. An equivalent

level of safety will be achieved given the size, weight, and speed of the sUAS, as well as the

location where it is operated. The sUAS will be operated in a secure area, where buildings and

people will not be exposed to operations without their pre-obtained consent. Because of the

advance notice to the property owners and participants, all affected individuals will be well

aware of the planned flight operations.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that

are subject to the minimum safe altitude regulations. Finally, the successful safety record of the

Storm Drone and 3DR sUAS demonstrates that the sUAS can be safely used at these lower 

altitudes and closer operating environments.

D. 14 C.F.R. § 91.121: Altimeter Settings

Black Mesa Aviation seeks an exemption from 14 CFR 91.121, 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. An exemption is required

because some of the sUAS aircraft do not have a barometric altimeter, but rather a GPS altitude

read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved in that Black Mesa Aviation will confirm the

altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC

will use the GPS altitude indicator to constantly monitor the sUAS height, thus ensuring

operation at safe altitudes.
E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

Black Mesa Aviation requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for

flight in VFR conditions. Section 91.151 states: (a) No person may begin a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intended landing, and assuming normal cruising speed –

(1) During the day, to fly after that for at least 25 minutes; or

(2) At night, to fly after that for at least 45 minutes.

The batteries powering Black Mesa Aviation’s sUAS provide approximately 10-18 minutes

of powered flight. To meet the 30 minutes reserve requirement in 14 CPR 91.151, sUAS flights

could not be conducted. Given the limitations on the sUAS proposed flight area and the

location of its proposed operations within a predetermined area, a safety margin based on a

reserve amount of battery life is needed.

Black Mesa Aviation will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on-site

without significant transit time by the sUAS. All flights will be planned to terminate with no less

than 25% reserve battery power still available. This restriction would be more than adequate to

return the sUAS safely to its planned landing zone from anywhere in its confined area of

operation even in the event of an unexpected occurrence. Operation of the sUAS with less than

30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was intended

to alleviate given the size and speed of the small sUAS, and the proximity of the flight operation

to the landing zone. Moreover, operation will be limited to controlled areas where only people

and property owners, or official representatives who have signed waivers will be allowed.

F. 14 CFR § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections

Black Mesa Aviation also seeks an exemption from the maintenance inspection requirements

contained in 14 CPR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations

specify maintenance and inspection standards in reference to 14 CPR Part 43. 14 CPR 91.405(a)

(stating that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed

in subpart E of this part and shall between required inspections ... have discrepancies repaired as

prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part

43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS

will not have.
Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with Storm Drone and 3DR User's Manuals. The operator will

ensure that the sUAS is in working order prior to initiating flight, perform required maintenance,

and keep a log of any maintenance performed. The operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level of safety.

If mechanical issues arise, the sUAS size and carrying capacity, and the fact that flight

operations will only take place in restricted areas for limited periods of time during daylight

hours, creates less risk than that associated with conventional rotorcraft performing the same

operation.

VI. PUBLIC INTEREST

Granting Black Mesa Aviation an exemption furthers the public interest. National policy set

by Congress favors early integration of sUAS into the national airspace in controlled, safe

working environments such as those proposed in this petition. The one vision of Black Mesa 

Aviation is to help facilitate safe integration of sUAS into mainstream USA in the following 

areas:

• Training

To ensure that sUAS Operators are properly trained and certified to safely operate their

particular type of sUAS aircraft. Also, training will be conducted in the type of operations

they will be using their aircraft.

• Real Estate

The sUAS can be used in all areas of real estate, including commercial, residential and

industrial properties. Using an sUAS, real estate professionals can create promotional

videos, photos and unique shots that normal camera aspects cannot capture. Black Mesa 

Aviation’s easy-to-use video and photo platform enables properties to stand out,

providing dazzling views that are typically shown via expensive computer animation or

costly helicopter rentals. Imagine shooting a view from a high-rise condo in stunning

high definition that shows your potential customer the actual view from the residence.

The remote platform is great for new planning, zoning and large developments. Simple

and easy-to-use video and photos allow for multiple height pictures and elevation views.
• Cinematography

Whether the shot requires unique views and expansive panning or extreme altitude with

radical views, the sUAS is designed to hold up under demanding conditions. Because of

the autopilot feature with pre-designed mission management and R/C control interrupt,

the pilot and camera operator can easily create the ultimate shot with HD video or HD

still photos.

• News Gathering

Similar to movies and videography, each news assignment may require a completely

different shot or view of a scene. With budgets for traditional helicopter use being greatly

reduced, the sUAS is the perfect solution to allow for easy news gathering for a fraction 

of the cost. The sUAS can and will be operated in a secure area away from the public, 

while the traditional helicopter must hover over persons and property increasing the 

danger to individuals.

• Agriculture and Conservation

Black Mesa Aviation would introduce and demonstrate to farmers of all types that the

sUAS can aid commercial agriculture, land management and conservation efforts by

assessing crops, mapping flood zones, measuring snow pack and more. The sUAS can fly

pre-saved missions via the fully automated ground station, which allows for time-lapse

photos of fields, crops and known land tracts. It also can accurately recreate the same

pattern during all seasons, providing invaluable data for land and soil management.

Using HD video, HD photos, and IR cameras allows for detailed analysis and recording.

With photo rendering software, 3D maps and topography can be used in conjunction with

time-lapse photos to create highly detailed maps for erosion, flood mapping and other

critical aspects of land management.

• Oil and Gas Industry Infrastructure Inspection

Black Mesa Aviation will use HD video, HD photos, and IR cameras to inspect critical 

oil and gas infrastructures allowing detailed analysis prior to scheduled maintenance. 

This analysis will enable repair crews to minimize down-time which in turn greatly 

improve production efficiency.
VII. Privacy

Black Mesa Aviation is committed to protecting the public privacy. Black Mesa Aviation

knows that many individuals have concerns about privacy from the operations of sUAS 's. Black 

Mesa Aviation will inform residents, commercial property owners, churches, schools, and

governmental organizations of our intent to conduct commercial drone operations in proximity to

their property.

VIII. Federal Registry Summary

Pursuant to 14 CPR Part 11, the following summary is provided for publication in the Federal

Register, should it be determined that publication is needed:

Black Mesa Aviation Co. seeks an exemption from the following rules:

14 CFR 91.103; 14 CFR 91.113; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR

91.405(a); 14 CFR 91.407(a)(1); 14 CFR; 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of this exemption request allows Black Mesa Aviation to conduct commercial

operations with small and lightweight unmanned aerial systems. Black Mesa Aviation is

committed to safety, education, and solutions, which enhance safety of sUAS operations in the

NAS while reducing risk to the general public and property owners.

Black Mesa Aviation uses sUAS, weighing less than 55 pounds and powered by batteries. This 

eliminates virtually all of that risk given the reduced mass and lack of large amounts of 

combustible fuel carried on board as compared manned aircraft. The sUAS is transported to the 

designated mission area and set up there. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights. The operation 

of this small UAS will provide an equivalent level of safety, supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of several 

regulations and allowing commercial operations. These lightweight sUAS operate at slow 

speeds, close to the ground, and in a secure environment. As a result, they are far safer than 

conventional aerial survey and inspection operations conducted with fixed wing aircraft or

helicopters.

If additional information is required, or if you have any questions regarding this Petition for

Exemption, please contact the undersigned at:

Submitted Respectfully,

Ryon Atwood

CEO

Black Mesa Aviation Co.

806-576-8267

reatwood@live.com