BLACKSTAR	HELICOPTERS,	INC

Unmanned	Aerial	Systems

February	5,	2016

US	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington	DC	20590

Re:	Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	

Aviation	Regulations	from:	14	CFR	61.113(a)	and	(b);	91.103;	91.119(c);	91.121;	91.151(a);	91.405(a);	

91.407(a)(1);	91.409	(a)(1)	and	(2);	91.417(a)	and	(b).

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,	Blackstar	Helicopters,	Inc.,	an	operator	of	Unmanned	Aircraft	Systems	(“UASs”)	for	aerial	

photography	in the	motion	picture	and	television	industry,	to	conduct	closed-set	filming	of	motion	

pictures,	music	videos,	web	videos,	corporate	videos,	still	photography,	real	estate	videos,	short	range	

inspection,	mapping	and	survey	hereby	applies	for	an	exemption	from	the	Federal	Aviation	Regulations	

(“FARs”)	to	allow	commercial	operation	of	its	UASs.

On	or	about	September	25,	2014,	the	FAA	granted	exemptions	to	six	UAS	operators,	including	Astraeus	

Aerial	(the	“Astraeus	Exemption”).	As	set	forth	in	Blackstar	Helicopters Flight	Operations	and	Procedures	

Manual	(the	“FOPM”)	and	Motion	Picture	Television	Operations	Manual	(both	submitted	under	separate	

cover) under	14	CFR	11.35(b)),	Blackstar	Helicopters,	Inc. will	adhere	to	the	terms	of	the	Astraeus	

Exemption.

Blackstar	Helicopters,	Inc.	requested	exemption	would	permit	the	operation	of	small,	unmanned	UAS	

under	controlled	and	“sterile”	conditions	in	motion	picture	and	television	airspace	or	similar	that	is:	(i)	

limited,	(ii)	predetermined,	(iii)	subject	to	controlled	access,	and	(iv)	provide	greater	safety	in	connection	

with	aircraft	operations	in	the	film	and	television	industry.	As	established	by	the	exemptions	already	

granted	by	the	FAA,	approval	of	Blackstar	Helicopters exemption	would	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.

The	name	and	address	of	the	applicant	is:

Blackstar	Helicopters,	Inc.

Attn:	 John	Tamburro

Phone:	 661-713-6671

Fax: 877-272-4764

Email:	 johntamburro@me.com

25607	Wolfe	Circle

Stevenson	Ranch,	CA	91381

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Regulations	from	which	the	exemption	is	requested:

14	CFR	61.113(a)	and	(b)

14	C.F.R.	91.103	

14	C.F.	R.	91.119	

14	C.F.R.	91.121	

14	CFR	91.151(a)	

14	CFR	91.405(a)	

14	CFR	407(a)(1)	

14	CFR	409(a)(2)	

14	CFR	417(a)	and	(b)

UAS’s	operated	by	Blackstar	Helicopters	weigh	less	than	55	pounds,	including	the	payload	(i.e.	camera,	

lens,	and	gimbal).	They	operate	at	speeds	of	no	more	than	50	knots,	can	hover,	and	can	simultaneously	

move	vertically	and	horizontally.	Blackstar	Helicopters will	only	operate	its	UAS’s	in	line	of	sight	and	will	

operate	only	within	the	sterile	area	described	in	the	FOPM.	Such	operations	will	insure	that	the	UAS	will	

“not	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public.”

Given	the	small	size	of	Blackstar	Helicopters UAS’s	and	the	restricted	sterile	environment	within	which	

they	will	operate,	Blackstar	Helicopters UAS	operations	adhere	to	the	Reform	Act’s	safety	requirements.	

Additionally,	due	to	the	size	of	the	UAS’s	and	the	limited	areas	in	which	they	will	operate,	approval	of	

this	application	presents	no	national	security	issues.	Based	on	the	substantial	level	of	safety	surrounding	

the	proposed	operations,	and	the	significant	public	benefit	(enhanced	safety),	reduction	in	

environmental	impacts	(reduced	emissions	and	noise),	the	grant	of	the	requested	exemption	is	in	the	

public	interest.	Accordingly,	Blackstar	Helicopters respectfully	requests	that	the	FAA	grant	the	requested	

exemption	without	delay.

Aircraft	And	Equivalent	Level	Of	Safety

The	operating	limitations	proposed	by	Blackstar	Helicopters provide	for	at	least	an	equivalent	or	higher	

level	of	safety	because	operations	further	enhance	safety	of	movie	and	television	filming	using	

conventional	aircraft.

As	set	forth	in	the	FOPM,	the	limitations	and	conditions	include:

• The	UAS’s	will	weigh	less	than	55	pounds	

• Flights	will	be	operated	within	line	of	sight	of	a	pilot	and/or	observer.	

• Maximum	flight	time	for	each	operational	flight	will	be	30	minutes.	Flights	will	be	terminated	at	

25%	battery	power	reserve	should	that	occur	prior	to	the	30	 minute	limit.	

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

• Minimum	crew	for	each	operation	will	consist	of	the	UAS	Pilot,	the	Visual	Observer,	 and	the	

Camera	Operator.	

• A	UAS	pilot	will	be	an	FAA	licensed	airman	with	at	least	a	private	pilot’s	certificate	and	third	

class	medical.	
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• A	UAS	Pilot	will	be	Pilot	in	Command	(PIC).	

• The	UAS	will	only	operate	within	a	confined	“Sterile	Area”	as	defined	in	the	FOPM.	The	FOPM	

requires	the	establishment	of	a	“Security	Perimeter”	for	the	flight	 operations	area.	

• A	briefing	will	be	conducted	for	planned	UAS	operations	prior	to	each	day’s	flight.	 All	

personnel	performing	duties	within	the	boundaries	of	the	safety	perimeter	are	 required	to	

attend.	

• The	operator	will	file	a	FAA	Form	7711-1,	or	its equivalent,	as	modified	in	light	of	 the	

requested	exemption,	with	the	appropriate	Flight	Standards	District	Office	 (”FSDO”).	

• The	operator	will	obtain	consent	of	all	persons	involved	in	the	filming	and	ensure	that	only	

consenting	persons	will	be	allowed within	100	feet	of	the	flight	operation.	This	radius	may	be	

reduced	to	30	feet	based	upon	an	equivalent	level	of	safety	determination,	as	required	under	

the	FOPM.	With	the	advanced	permission	of	the	FSDO,	operations	at	closer	range	can	be	

approved.	

• The	operator	will	submit	a	written	Plan	of	Activities	to	the	FSDO	three	days	before	the	

proposed	shoot	as	required	in	the	FOPM.	

• The	Pilot	and	observer	must	be	trained	in	UAS	operations	and	have	received	current	

information	on	the	particular	UAS	to	be	operated	as	required	by	the	FOPM.	

• The	Observer	and	pilot	will	at	all	times	be	able	to	communicate	by	voice.

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

• 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.	

• If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UAS	will	have	the	capability	to	

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

• The	UAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles	or	

emergencies.

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

Sections	61.113	(a)	and	(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	private	pilot’s	license	rather	than	a	

commercial	pilot’s	license	to	operate	a	small	UAS.	Unlike	a	conventional	manned	aircraft,	a	UAS	is	

remotely	controlled	by	a	ground-based	operator.	The	operational	area	is	controlled	and	restricted,	and	

all	flights	are	planned	and	coordinated	in	advance.	The	level	of	safety	exceeds	that	provided	by	a	single	

individual	holding	a	commercial	pilot’s	certificate	operating	a	conventional	aircraft.	The	risks	associated	

with	the	use	of	a	UAS	are	so	diminished	from	the	level	of	risk	associated	with commercial	operations	

contemplated	by	Part	61	allowing	UAS	use	by	a	private	pilot	as	the	PIC	exceeds	the	present	level	of	

safety	sought	by	14	C.F.R.	§61.113	(a)	and	(b).	
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14	C.F.R.	§	91.103:	Preflight	Action	

Section	91.103	requires	each	pilot	to	preflight	an	aircraft	before	flight	to	insure	the	safety	of	flight.	As	

FAA	approved	rotorcraft	flight	manuals	will	not	be	used,	an	exemption	is	requested.	However,	an	

equivalent	level	of	safety	will	be	provided.	The	PIC	will	take	all	actions,	including	reviewing	weather,	

flight	battery	requirements,	landing	and	takeoff	distances,	and	aircraft	performance	data	before	

commencement	of	flight.

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

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	 Section	91.119	provides,	in	

pertinent	part,	that:

“Except when	necessary	for	takeoff	or	landing,	no	person	may	operate	an	aircraft	below the	

following	altitudes:.....

(c)	Over	other	than	congested	areas.	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.”

Because	Blackstar	Helicopters requests	authority	to	operate	at	altitudes	only	up	to	400	AGL,	an	

exemption	is	needed	to	allow	such	operations.	Except	for	the	limited	conditions	stated	in	the	FOPM,	the	

UAS	will	never	operate	higher	than	400	AGL.	It	will,	however,	be	operated	in	a	restricted	area	within	a	

security	perimeter,	where	buildings	and	people	will	not	be	exposed	to	operations	without	their	preobtained	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	take	place without	the	permission	of	property	owners	or	

local	officials.	Because	of	the	advance	notice	to	the	property	owners	and	participants	in	the	filming	

activity,	all	affected	individuals	will	be	informed	of	the	planned	flight	operations.	Compared	to	flight	

operations	for	manned	aircraft	and	the	lack	of	flammable	fuel,	any	risk	associated	with	the	proposed	

UAS	operations	is	far	less	than	conventional	aircraft	operating	at	or	below	500	AGL.	In	addition,	the	lowaltitude	operations	of	the	UAS	will	ensure	separation	between	a	UAS	and	conventional	aircraft.

14	C.F.R.	§91.121	Altimeter	Settings

Section	91.121	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	a	UAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	

data,	an	exemption	is	needed.	An	equivalent	level	of	safety	will	be	achieved	by	the	operator,	pursuant	

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

indicator	before	flight.
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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”

The	battery	powering	the	Blackstar	Helicopters UASs	provides	approximately	20 minutes	of	powered	

flight.	Unable	to	meet	the	30-minute	reserve	requirement	in	14	CFR	§91.151,	UAS	flights	will	be	limited	

to	approximately	15 minutes	in	length.	Given	the	limitations	on	the	UAS’s	proposed flight	area	and	its	

proposed	operations	within	a	predetermined	location,	a	longer	time	frame	for	flight	in	daylight	VFR	

conditions	is	reasonable.	Furthermore,	operating	the	UASs	in	a	tightly	controlled	area	where	only	

people,	property	owners,	or	official	representatives	who	have	signed	waivers	will	be	allowed,	less	than	

30	minutes	of	reserve	fuel	does	not	engender	the	type	of	risk	that	§91.151(a)	was	intended	to	address.

Blackstar	Helicopters	believes	that	safety	can	be	achieved	by	limiting	flights	to	15 minutes	or	25%	of	

battery	power,	whichever	occurs	first.	This	restriction	would	be	more than	adequate	to	return	the	UAS	

to	its	pre-determined	landing	zone	from	anywhere	in	its	limited	operating	area.

Blackstar	Helicopters	is	not	seeking	an	exemption	for	nighttime UAS	operations.		

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	Blackstar	Helicopters	operations.	Maintenance	will	be	accomplished	by	the	

operator.	An	equivalent	level	of	safety	will	be	achieved	because	the	UASs	are	limited	in	size,	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	FOPM,	the	operator	will	ensure	that	the	UAS	is	in	working	order	prior	to	flight,	perform	any	required	

maintenance,	and	keep	a	log	of	any	maintenance	performed.	Moreover,	the	operator	is	the	person	most	

familiar	with	the	UAS	and	best	suited	to	maintain	it	in	an	airworthy	condition.

Summary	for	Publication

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:
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Blackstar	Helicopters,	Inc.	seeks	an	exemption	from	the	following	rules:

14	C.F.R.	§§	61.113(a)	and	(b);	91.103;	91.119(c);	91.121;	91.151(a);	91.405(a);	91.407(a)(1);	

91.409(a)(2);	and	91.417(a)	and	(b)	to	operate	commercially	a	small	unmanned	vehicle	(55	pounds	or	

less)	in	motion	picture	and	television	operations.

As	established	by	the	UAS	exemptions	already	granted	by	the	FAA,	allowing	commercial	operations	of	

UASs	in	the	film	industry	will	enhance	safety	by	reducing	risk.	Conventional	film	operations,	using	

turbine	aircraft,	operate	at	low	altitudes	and	present	the	risks	associated	with	aircraft	that	weigh	around	

4,000	pounds,	and	which	carry	large	amounts	of	Jet	A	fuel.	Such	aircraft	must	also	fly	to	and	from	the	

film	location.	In	contrast,	a	UAS	weighing	fewer	than	55	pounds	and	powered	by	batteries	eliminates	

virtually	all	of	that	risk	given	the	small	size	and	lack	of	combustible	fuel.	The	UAS	is	carried,	and	not	

flown,	to	a	film	set.	In	this	regard,	the	UAS	carries	no	passengers	or	crew	and,	therefore,	will	not	expose	

them	to	the	risks	associated	with	manned	flights.

The	operation	of	UAS’s	conducted	in	the	strict	conditions	outlined	in	the	FOPM	will	provide	an	

equivalent	level	of	safety	supporting	the	grant	of	the	exemption	requested	herein.	The	UASs	operate	at	

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

conventional	operations	conducted	with	turbine	helicopters	carrying	fuel	and	flying	near	the	ground	and	

people.

Privacy

All	flights	will	occur	over	private	or	controlled	access	areas	with	the	property	owner’s	prior	consent	and	

knowledge.	Filming	will	be	only	of	people	who	have	given	their	consent	or	otherwise	have	agreed	to	be	

in	the	area	where	filming	will	take	place.

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	to	grant	Blackstar	Helicopters requested	

exemption, allowing	for	Blackstar	Helicopters UAS	commercial	operations	for	the	motion	picture	and	

television	industry	pursuant	to	the	FOPM	included	herewith.

If	you	have	any	questions	or	need	any	additional	information,	please	contact	the	undersigned	at	661-

713-6671	or	at	johntamburro@me.com

Sincerely	yours,

John	Tamburro

President/Owner

Blackstar	Helicopters,	Inc.