BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 1

December 16, 2015

Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request, Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations.

Dear Sir or Madam:

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

Act) and 14 C.F.R. Part 11, Black Widow Aerial, Inc. is desirous of operating a Small 

Unmanned Aircraft System (“sUAS”) equipped to offer on-demand commercial sUAS 

operations for aerial data collection, Closed Set Motion Picture and Television. 

These include:

• Closed Set Motion Picture and Television Production

• Utility-power generation system inspections and patrolling

• Pipeline inspection and patrolling

• Precision agriculture

• Forestry monitoring

• Real Estate marketing

• Aerial surveying

• Construction site inspection and monitoring

• Public Entity Emergency Support Operations

Therefore, Black Widow Aerial hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its UAS, 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.

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

small, unmanned UAS under controlled conditions in airspace that is limited, 

predetermined, controlled as to access and would provide safety enhancements to the 

already safe operations using conventional aircraft.

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

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements 

for the safe operation of such aircraft systems in the national airspace system.” Section 

333(c) of the Reform Act.
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 2

The name and address of the applicant is:

Black Widow Aerial, Inc.

2416 N Victory Blvd #642

Burbank CA 91506

Phone: 800.208.0119

Email: blackwidowaerial@gmail.com

The aircraft from which the exemption is requested:

A DJI Inspire 1 Pro

Regulations from which the exemption is requested:

14 CFR Parts 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119(c)

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of

Transportation to consider whether certain unmanned aircraft systems may operate

safely in the national airspace system (NAS) before completion of the rule making

required under Section 332 of the Reform Act. In making this determination, the

Secretary is required to determine which types of UAS do not create a hazard to users of 

the NAS or the public or pose a threat to national security in light of the following:

• 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 visual line of sight of the operator and observer

• Reform Act § 333 (a). Lastly, 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.” Id. §333(c) (emphasis added)

Applicant interprets this provision to place the duty on the Administrator to not only

process applications for exemptions under section 333, but for the Administrator to craft
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 3

conditions for the safe operation of the UAS, if it should be determined that the

conditions set forth herein do not fulfill the statutory requirements for approval. 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 that includes sUASs, from the requirement that all civil

aircraft must have a current airworthiness certificate. The Administrator may grant an 

exemption from a requirement of a regulation prescribed under subsection (a) or (b) of 

this section or any sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203 (a) (1).

Black Widow Aerial’s UAS is a DJI Inspire 1 rotorcraft, weighing 55 or fewer lbs.

including payload. It operates, under normal conditions at a speed of no more than 43

knots and has the capability to hover, and move in the vertical and horizontal plane 

simultaneously. It will operate only in line of sight and will operate only within a sterile 

area. Such operations will insure that the UAS will “not create a hazard to users of the 

National Airspace System or the public.” Reform Act Section 333 (b).

Given the small size of the UAS involved and the restricted sterile environment within

which it will operate, the applicant falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of a UAS to commence immediately. 

Also due to the size of the UAS and the restricted areas in which the referenced sUAS 

will operate, approval of the application presents no national security issue. Given the 

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

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

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UAS, the 

grant of the requested exemptions is in the public interest. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate with the limitations listed herein. These

limitations provide for at least an equivalent or even higher level of safety to operations

under the current regulatory structure because the proposed operations represent a

safety enhancement to the already safe operations conducted with conventional aircraft.

These limitations and conditions to which Black Widow Aerial agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. The UA will remain clear and give way to all manned aviation operations and 

activities at all times.

3. Black Widow’s designated PIC operating the UAS will not operate from any 

moving device or vehicle.
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 4

4. Prior to flight the PIC is prohibited from starting a flight unless considering wind 

and forecast weather conditions that there will be enough power to do the UAS to 

conduct the flight and to operate after that for at least 5 minutes or with the

reserve power recommended by the manufacture if greater.

5. Pre flight inspection will account for all potential discrepancies, inoperable 

components, items or equipment. The aircraft will be prohibited from operating 

until all the necessary maintenance and software updates have been performed 

before flight. Black Widow will follow all manufacture maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components.

6. Flights will be operated at an altitude of no more than 400 feet AGL (altitude must 

be reported in feet AGL or not more than 200 feet above an elevated platform 

from which filming is planned.

7. All flights operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures. 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. Black Widow 

will ensure that nonparticipating persons remain under such protection. If a 

situation does arise where nonparticipating persons leave such protection 

and are within 500 feet of the UA, flight operations will cease immediately in a 

manner ensuring safety of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC had made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard.

The PIC, VO, operator, trainees or essential persons are not considered 

nonparticipating persons under this exemption.

8. The UAS will not be operated within 5 nautical miles of an airport unless a letter 

of agreement is with that’s airport management is obtained or otherwise 

permitted by a COA. The letter of agreement with the airport management must 

be made available, to the Administrator or any law enforcement official upon 

request.

9. All operations will be operated in defined regions and over property with owner 

consent. All operations shall be conducted in accordance with an ATO-issued 

COA. Black Widow will apply for a new or amended COA if we cannot comply 

with the terms of the existing COA.

10. The UAS will not operate less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statue miles from the 

PIC.

11. Operations will not occur during night as defined in 14 CFR §1.1. All operations 

will be conducted in VMC conditions. SVFR is not permitted.

12. Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer, and/or the Camera Operator.

13. The UAS pilot will be an FAA licensed airman with minimum Sport Pilot Rating 

and a U.S. Drivers license issued by a state, the District of Columbia, Puerto 

Rico, a territory, a possession, or the Federal Government. 
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 5

14. The sUAS pilot will be Pilot in Command (PIC). If a pilot certificate holder other 

than the sUAS Pilot, who possesses the necessary PIC qualifications, is also 

present (i.e. the Visual Observer), that person can also be designated as the 

PIC. The UASs Pilot shall have accumulated and logged a minimum of 20 hours

of total time as a UAS Pilot. The PIC shall also have accumulated and logged a 

minimum of 5 hours in the same make and model to be used under this 

exemption. The PIC will also meet the flight review requirements and currency 

requirements in which the PIC is rated on his or her pilot certificate.

15. The UAS will only operate within a confined “Sterile Area” of the flight operations.

16. Documents used by the operator to ensure safe operation and flight of the UAS 

and any documents required under 14 CFR §§ 91.9 or 91.203 must be available 

to the PIC at the Ground Control Station of the UAS at any time the aircraft is 

operating, These documents will be made available to the Administrator or any 

law enforcement official.

17. All aircraft operated in accordance with this exemption must be identified by 

serial number, registered in accordance with 14 CFR part 47, and have 

identification (N-Number) markings in accordance with 14 CFR part 45, Subpart

C. Markings must be large as practical.

18. A briefing will be conducted in regard to the planned UAS operations prior to 

each day’s activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing.

19. The PIC and Visual Observer will have been trained in the general operation of

the sUAS and will receive up-to-date information on the particular sUAS to be 

operated.

20. If Black Widow determines that any update or revision would void the current 

exemption if granted and Black Widow will apply for an amendment of its grant of 

exemption.

21. All flights will utilize a (VO) Visual observer. The UA will be operated within the 

visual line of sight (VLOS) of the PIC an (VO) at all times. The VO and PIC must 

be able to communicate at all times. Texting or electronic messaging will not be 

permitted. The PIC will be designated before the flight and cannot transfer his or 

her designation for the duration of the flight. The PIC will ensure the VO can 

perform his duties required by the VO.

22. Written and/or oral permission from the relevant property holders will be 

obtained.

23. Black Widow will comply with all manufacture safety bulletins.

24. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics. Black Widow will perform a functional flight test 

prior to conducting operations if exemption is granted. Functional flight test will 

only be conducted by the PIC or VO and will remain within 500 feet from other 

people. It will be conducted not to pose undue hazard to persons or property.

25. 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.
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 6

26. If the UAS loses communications or loses its GPS signal, the UAS will have

capability to return to a pre-determined location within the Security Perimeter and 

land.

27. The UAS will have the capability to abort a flight in case of unpredicted obstacles

or emergencies.

28. The DJI Inspire 1’s 2.4 GHz transmitter/controller/receiver RF for managing flight 

with a 5.8 GHz RF transmitter/receiver for video/photography functions 

eliminates the RF conflict. The UAS system complies with all applicable FCC 

regulations.

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

boundaries of the operational are as defined by the applicable COA will be 

reported to the FAA’s UAS Integration Office within 24 hours. Accidents must be 

reported to the NTSB following the instructions on the website.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given

the size and limited operating area associated with the aircraft to be utilized by the

Applicant, an exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAS. In all cases, an analysis 

of these criteria demonstrates that the UAS operated without an airworthiness certificate, 

in the restricted environment and under the conditions proposed will be at least as safe, 

or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and

operates exclusively within a secured area. Unlike other civil aircraft, operations under

this exemption will be tightly controlled and monitored by both the operator, pursuant to

the Manual’s requirements, and under the requirements and in compliance with local

public safety requirements, to provide security for the area of operation as is now done

with conventional filming. 

The FAA will have advance notice of all operations. These safety enhancements, which 

already apply to civil aircraft operated in connection with motion picture and television 

production, provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, due to its size, speed 

of operation, location of operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b) Marking of the Aircraft

The regulation requires:
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 7

When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light-sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or

"provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which

the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering

will not be feasible. Aircraft markings will be made as large as feasible considering the

overall size of the aircraft. An “N” number (N988BW) has been reserved by the

applicant, and upon the granting of this exemption request, will be assigned to the

applicant’s UAS. The number will be placed on the fuselage in compliance with 

§45.29(f).

The equivalent level of safety will be provided by having the sUAS marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the

sUAS will see the identification. The FAA has issued the following exemptions to this

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the

UAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring the PIC operating the aircraft

to have a Sport Pilot’s license rather than a commercial pilot’s license to operate this

small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS 

is remotely controlled with no living thing on board. 

The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance. The level of safety provided by Black Widow Aerial’s 

requirements exceeds that provided by a single individual holding a commercial pilot’s 

certificate operating a conventional aircraft. The risks associated with the operation of 

the sUAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested with a Sport Pilot as the PIC exceeds the present level of safety achieved by 

14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircraft and the requirements contained in the

Manual for maintenance and use of safety check lists prior to each flight, as set forth in

Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 8

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft

Flight Manual, approved manual material, markings, and placards, or any combination

thereof. The sUAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because

there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where 

the pilot flying the sUAS will have immediate access to it. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided

for the aircraft an exemption will be needed, the PIC will take all actions to determine the 

UAS is in safe condition for safe flight. Pre flight inspection will account for all potential 

discrepancies, inoperable components, items or equipment. The aircraft will be 

prohibited from operating until all the necessary maintenance and software updates 

have been performed before flight.

 

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircraft (except a manned

free balloon) that is being used for flight instruction unless that aircraft has fully

functioning dual controls. SUAS and remotely piloted aircraft, by their design do not have 

fully functional dual controls. Flight control is accomplished through the use of a control 

box that communicates with the aircraft via radio communications. The FAA has

approved exemptions for flight training without fully functional dual controls for a number

of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K &

9862A. The equivalent level of safety provided by the fact that neither a pilot nor

passengers will be carried in the aircraft and by the size and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(C)

limits aircraft flying over areas other that congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas, and the aircraft 

may not be operated closer than 500 feet to any person, vessel, or structure

As this exemption is for a sUAS and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. 

As set forth herein, except for the limited conditions stated in the Manual, the UAS will 

never operate at higher than 400 AGL, or not more than 200 feet above an elevated 

platform. The UAS will only be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their pre-obtained 

consent. 

The equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS as well as the location where it is operated. No flight will be taken without the 

required permission of the property owner or local officials. Because of the advance 

notice to the property owner and participants of the aerial activity, all affected individuals 
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 9

will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated 

with these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL in other industries. In addition, the low-altitude operations 

of the sUAS will ensure separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an

appropriate altimeter setting available before departure.” As the sUAS may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the Manual

and Safety Check list, confirming the altitude of the launch site shown on the GPS

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 40 minutes of powered flight. To

meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be

limited to approximately 10 minutes in length. Given the limitations on the UAS’s

proposed flight area and the location of its proposed operations within a predetermined

area, a longer time frame for flight in daylight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly

controlled area where only people and property owners or official representatives who

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not

engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS. 

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which 

the exemption will be granted. Applicant believes that an equivalent level of safety can 

be achieved by limiting flights to 30 minutes or 5 minutes of battery power whichever 

happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited operating area. Similar exemptions 

have been granted to other operations, including Exemptions 2689F5745, 10673, and 

10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

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within it the following: (1) an appropriate and current airworthiness certificate ...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the sUAS. An equivalent level of safety will be achieved by keeping 

these documents at the ground control point where the pilot flying the sUAS will have 

immediate access to them, to the extent they are applicable to the sUAS. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 

and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter...” and others shall inspect or maintain the aircraft in 

compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to the applicant. The operator pursuant to the

flight manual and operating handbook will accomplish maintenance. An equivalent level

of safety will be achieved because these small UASs are very limited in size and will

carry a small payload and operate only in restricted areas for limited periods of time. If

mechanical issues arise the UAS can land immediately and will be operating from no

higher than 400 feet AGL. 

As provided in the Manual, the operator will ensure that the UAS is in working order prior 

to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, 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.

---------------------------------------------------------------------------------------------------------------------

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7 (a); 

91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a);

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate

commercially a small unmanned vehicle (55 lbs. or less). Approval of exemptions 

allowing commercial operations of sUASs will enhance safety by reducing risk. 
BLACK WIDOW AERIAL, Inc.

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Conventional operations, using jet or piston power aircraft, operate at extremely low 

altitudes just feet from the subjects being filmed and in extreme proximity to people and 

structures and present the risks associated with vehicles that weigh in the neighborhood 

of 4,000 lbs., carrying large amounts of jet A or other fuel. Such aircraft must fly to and 

from the operational location. 

In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on 

board. The sUAS is carried to the operation site and not flown. 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 small sUAS, weighting less than 55 lbs., 

conducted in the strict conditions outlined above, will provide an equivalent level of 

safety supporting the grant of the exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional operations conducted with 

turbine helicopters operating in close proximity to the ground and people.

Additional Information

Black Widow Aerial has developed a comprehensive set of standards, which will govern

every aspect of the proposed operation of our sUAS. These protocols include, but are 

not limited to:

1. Notification of the local FSDO well in advance of any planned flight.

2. Packing and handling procedures to eliminate any potential damage to the 

aircraft during transport.

3. A regular, comprehensive bench check and inspection of all systems, including

proper battery maintenance, conditioning and testing to insure optimum battery

performance.

4. A step-by-step preflight checklist to insure all operating systems is functioning

correctly.

5. A full onsite briefing of all persons directly or indirectly involved with any planned

flight, with sufficient time set aside to answer all questions and address any 

concerns.

6. When used for the purpose of filming for motion pictures or television, strict

adherence to Black Widow Aerial’s Motion Picture and Television Flight 

Operation Manual (MPTOM), attached as a separate document.

7. Upon completion of a flight, a thorough post flight inspection of the aircraft. Under

no circumstances will this take the place of a preflight check on the next flight.

8. A post flight debriefing will be given to those persons directly involved in the flight.

Privacy

All flights will occur over private or controlled access property with the property owner’s

prior consent and knowledge. Filming will be of people who have also consented to

being filmed or otherwise have agreed to be in the area where filming will take place.

Summary

The grant of this exemption request will provide improved safety for the public at large

and those involved in both the public in general and those in a flight operations capacity.
BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 12

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant’s sUAS. As a member of the AMA and AOPA, we are keenly aware of the 

importance of safeguarding the NAS.

It is Black Widow Aerial’s intention to fully and expeditiously complies with any request 

for additional material to support or clarify this application. Thank you for your

consideration.

Sincerely,

Anthony R. Pazzulla

Black Widow Aerial

2416 N Victory Blvd #642

Burbank CA 91506

Attachments:

DJI Inspire 1 Pro Manual (PDF)

Motion Picture and Television Flight Operations Manual (PDF)