## BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 

### 1 Dece mber 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 Reg ulations.

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 commer cial sUAS operatio ns for aerial data collection, Closed S et Motion Picture and T elevision.

These include:

• Closed Set Motion Picture and Television Production • Utility

- power generation sy stem inspections and patrolling • Pip eline inspe ction and patrolling

• Precision agriculture • Forestry monitoring • Real Estate marketing • Aerial surveying

• Construction sit e inspection and monitoring • Public Entity Emergency Support Operations

Therefore, Black Widow Aerial hereby applies for an ex emption from the listed Federal Aviation Regulations (“FARs”) to all ow 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

alrea dy 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 air craft 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

Ph one : 800.208.0119

Email: blackwidowaerial@gmail.com

Th e aircraft from which the exemption is requested:

A DJI Inspir e 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 requir ed 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, sp eed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and Operation of the UAS within visual line of sig ht 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 th e 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 t he 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 inc ludes 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 4470 2

- 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 rotor craft, weighing 55 or fewer lbs. including payload. It operates, under normal conditio ns 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 o perations will insure that the UAS will “not c reate a hazard to users of the

N ational Airspace S y stem or the public.” Reform Act Section 333 (b).

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

wh ich 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 o f 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 h erein 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 becaus e 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 FA A 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 o r 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, ov erhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

6. Flights will be operated at an altitude o f 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 conduc ted at least 500 feet from all nonparticipating
persons, vessels, vehicle s, 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

situ ation does aris e 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, tr ainees or e ssential 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 shal l be conducted in accordance wit h an ATO

- issued

COA. Black Widow will apply for a new or amended COA if we cannot compl y 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 U AS Pilot, the Visual
Observer, and/or the Camera Operator.

13. The UAS pilot will be an FAA licensed airman with minimum Sport Pilot Ra ting
and a U.S. Drivers license issued by a state, the District of Columbia, Puerto
Rico, a territory, a possession, or the F ederal Government.

## BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 

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

than the sUAS Pilot, who possess es t he necessary PIC qualifications, is also
present (i.e. the Visual Observer), that person can also be designated as t he

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 m eet 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 opera tion 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 p art 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 cond ucted 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 perimete r be present for this
briefing.

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

the s UAS 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 (V O) 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 PI C will ensure the VO can
perform his duties required by the VO.

22. Wri tten and/or oral permission from the relevant proper ty holders will be

obtained.

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

24. Any UAS that has undergone maintenance or alt erations 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 with in 500 feet from other
people. It will be conducted not to pose undue hazard to p ersons or property.

25. All required permissions and permits would be obtained from territorial, state,
county or city jurisdictions, including local law enforcement, fire, or oth er 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 GH z tra nsmitter/controller/receiver RF for managing flight

with a 5.8 GHz RF transmitter/receiver for video/photog raphy functions

eliminates the RF conflict. The UAS s ystem complies wi th 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 hour s. 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

equ ivalent 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, upo n 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 sUA S 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

thi s 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 do ne with conventi onal 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 n ear 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 a irworthiness 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 marki ngs will be made as large as feasible considering the

overall size of the aircraft. An “N” number (N 988BW ) 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 Priv ileges and Limitations: Pilot in

Command. Sections 61.113 (a) & (b) limit private pilots to non

- comme rcial 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 comme rcial 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 p lanned and

coordinated in advance. The l evel 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 oper ation 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 achie ved 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 air craft, 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 whic h 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

ther eof. 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 equivale nt 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 fligh t 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. Fl ight 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 i nstruction 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: Mi nimum safe altitudes Section 91.119 establishes safe altitudes for operation of ci vil 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 elevat ed 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 abov e 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 associ ated 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 operatio ns 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 “...t o 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 b e achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS

a ltitude 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) D uring 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 co nditions 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 sm all 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 inten ded 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 m inutes 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 g ranted 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 ma y operate a civil aircraft unless it has

## BLACK WIDOW AERIAL, Inc.

2416 N Victory Blvd #642

Burbank ca 91506 

### 10 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 spec ial 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 l oaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no abili ty 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 t o 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 section s and Part 43 apply only to air craft 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 M anual, 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.

2416 N Victory Blvd #642

Burbank ca 91506 

### 11 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 p owered 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 expo se 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 req uested 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 ope ration 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, compr ehensive 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 on site 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 pre flight 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. Film ing 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 sa feguarding 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 Aer ial 2416 N Victory Blvd #642

Burbank CA 91506

Attachments: DJI Inspire 1 Pro Manual (PDF) Motion Picture and Television Flight Operations Manual (PDF)