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The Honorable MichaelP. Huerta Office ofthe Administrator FederalAviationAdministration 800 IndependenceAvenue SW Washington, DC 20591

October26, 2015 ScotBerk BlackWing Productions, LLC

701 SHowardAve, STE 106 Tampa, FL 33606 Tel (302) 242-4294

RE: BlackWing Productions, LLC. sUAS Petition for Exemption Pursuantto FMRA Sec 333 and 14 CFRPart 11
DearAdministratorHuerta: Black Wing Productions, LLC ('Black Wing Productions') hereby petitions the FAA for regulatory reliefpursuant to Section 333 ofP.L. 112-95 and 14CF.R. Sec. 11.81to conduct commercial flights using the 3DR Solo, DJI Phantom 3 Professional, and DJI InspireI sUAS for the following applications:

• Aerial Videography and Photography
• Aerial Cinematography
• Aerial Survey
BlackWing Productions, therefore, seeks arequest forexemptionfrom airworthinessandthe following specific Title 14 C.P.R. provisions:

• 14C.F.R. Part 21
• 14C.F.R.45.23
• 14C.F.R. 61.113(a) (b) •14C.F.R.61.133(a)
• 14C:F.R.91.7(a)
• 14C.F.R.91.9•14C.F.R.91.109(a)
• 14C.F.R.91.119.
• 14C.F.R.91.121 •14C.F.R.91.151(a)
. • 14C.F.R.91.203
• 14C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b)·
The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition, specifically Exemptions No. 11949 to Cedarmeade Studios,LLC, 11793 to Coffee House Industries, LLC, and 11330 to SkyWords Advertising ; and we therefore request that our petition be granted without delay. Additional similar exemptions include (cinematography) No. 11806, 11751, 11541, 11488, 11477, 11440, 11401, 11362, and 11270, (videography) No. 11842, 11843, 11845, 11848, 11850, 11820, 11822, 11825, 11826, 11829, and 11833,and (survey) No. 11878, 11491, 11446, 11395, and 11281. · Black Wing Productions has also provided supporting documentation to include; flight manuals for each ofthe BlackWing Productions models, training manuals and other applicable manuals. 

### 1 Company Description
This section responds to the specific requirements of 14 CFR Sec 11.81. Black Wing Productions is a production company that uses sUAS (drones) for tower inspections, real estate marketing, surveying, agriculture mapping, golfcourses, eventplanning, tourism, site assessment, media and surveying vertical markets. Black Wing Productions is committed to the safe, professional use ofsUAS. Mailing address and othercontact information. ATT: ScotBerk BlackWing Productions,LLC 701 S HowardAvenue, Suite 106 Tampa, Florida 33606 Email: scotberk@gmail.com 

### 2 Relevant StatutoryAuthority
This exemption application is expressly submitted to fulfill Congress' goal inpassing Section 333(a) through (c) ofthe P.L. 112--95, the FAA Modernization and Reform Act ('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 rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types ofUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability;• Operation ofthe UAS in close proximity to airports and populated areas; and
• Operation ofthe UAS withinvisual line ofsight ofthe operator. 1 Lastly, ifthe 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."2 The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority by its terms i'ncludes exempting civil aircraft, as the term is defined under §40101 ofthe Act, ·that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. 

### 3 Qualification for Approval Under Section 333 ofthe 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 potentially relevant factors are satisfied. The requested exemption would permit Black Wing Productions to perform commercial operations under controlled conditions in airspace that is 1)limited 2} predetermined 3) restricted, limited, or controlled as to access and 4) would provide safety enhancements to the already safe operations in these industries presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. Each Black Wing Productions sUAS weighs 55 lb. or less including payload. Each Black Wing Productions sUAS operates undernormal conditions at a speed ofno more than 87 knots. Each Black Wing Productions sUAS has the capability to operate in either Automatic' or Manual' mode as described in the OperatingManuals. 1public Law 112-95, 'FAA Modernization andReformAct• Section 333 (a) 2Jd.§333(c). Generally BlackWing Productions sUAS operations will be below an altitude of400 ft. AGL, within specific access-restricted areas, either within Class G airspace or with the permission of the ATC, using sUAS operated by Black Wing Productions-qualified sUAS pilots, and within the visual line of sight of the operator and observer. Such operations will insure that the sUAS will "notcreate a hazard to users ofthe National Airspace System orthe public" as perthe FMRA 2012 Section 333. Given the size of the sUAS and the operating environment, this petition for exemption meets an equivalent level of safety, in which Congress envisioned that the FAA must, by exemption allow commercial operations ofUASs to commence immediately. Also due to the size and environment, approval ofthe application presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the FederalAviation Act, as amended, the equivalent level ofsafety surroundingthe proposed operations, and the significant public benefit described herein, the grant ofthe requested exemptions is also in the public interest. 

### 4 BlackWing Productions Description ofProposed Operations
BlackWing Production operations will provide a level ofsafety that is equivalent to current aviation standards. Black Wing Productions safety procedures, risk assessments, and flight operations standards are at the highest level and go beyond those described in the accompanyingOperations and Safety Manuals attached. In brief, the following procedures that apply during operations conducted under this exemption request, establish an equivalent level ofsafety (ELOS) as follows:
1. The sUAS will weigh lessthan 55 lb
.. 2. Flights will be operated within line ofsight ofa pilot and/or observer. 3. Flights will occur during daylight hours. 4. Flights will occur duringVisual FlightRules Meteorological Conditions (VMC). 5. Flights will generally be operated at an altitude ofno more than 400 feet AGL and within Class G airspace. Operations in controlled B, C, orD airspace will be conducted in coordination with the properFSDO and ATC with prior permission. 6. Flights willbeterminated at 25%batterypowerreserve shouldthat occurduring the operation. 7. All Black Wing Productions sUAS will be U.S. registered and display marks either in accordance with 14C.F.R. Part45, Subpart C·or approved alternative markings. ·- 8. Operations will be conducted in definedregions and overproperty authorized forthisuse by the landowner. All operations will remain within the geographic boundaries ofthe operating area. Most operations may be conducted within the limitations of the**bl~nket** COA authorization provided with 333 grants as of 3/23/2015. 9. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, includinglocal lawenforcement,fire, orother appropriate governmental agencies. 10. The operator will obtain the consent of all persons involved and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and this radius may be reducedto 30 feet based upon an equivalent level ofsafety determination. 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's activities. It will be mandatory that all personnel who will be performing duties within the boundaries ofthe safetyperimeterbe present for this briefing. 12. Minimum crew for each operation will consist ofthe sUAS Pilot, the Visual Observer, and/or the Camera Operator.**·~** 13. Operations without a Visual Observer (sUAS Pilot only) may occasionally be conducted subject to additional and specific aircraft equipment, operator competency, and flight restrictions (maximum distance from the sUAS Pilot, maximum altitude, and maximum speed) as defined in the Operations Manual. 14. sUAS operations under this exemption will be conducted under the supervision ofa designated pilot in command (PIC) who has final responsibility for the operation and in accordance with 14 C.P.R. 91.3. All sUAS operators must have completed training on the normal, abnorm(!l, and emergency procedures in the Operations and Safety Manuals and demonstrated proficiency with the sUAS being operated. The PIC will meet at least the minimum FAA sUAS regulations for licensure. 15. sUASPilot will be Pilot inCommand (PIC). If apilot certificate holder otherthanthe sUAS Pilot,whopossessthenecessaryPICqualificatiops,is alsopresent (i.e. theVisual Observer), that person can also be designated as the PIC. 16. Observer and pilot will at all times be able to maintain verbal communication, either directly or through electronic means. 17. Operators and engineers will maintain the sUAS system in a' condition for safe operation according to the Operations and Safety Manuals and associated manufacturer's maintenance

# .. manuals,includirig pre-flight andpost-flight inspections. ,':lo....-· 18. The PIC and observers will maintain situational awareness and perceive, process, and perform risk management prior to and during each operation as described in the Operations and Safety Manuals. The PIC will terminate the operation in accordance with the Operations and Safety Manuals ifhazards that cannot be acceptably mitigated areobserved. 19. sUAS will safely stop operating and eitherreturn home or auto-land at a safe location along the flight path ifthe control linkis lost. 20. For each sUAS, the PIC will have the ability to force a controlled landing at any time. Operations for the purpose ofclosed-setmotionpicture andtelevision filll_ling and production.

1. At least 3 days before aerial**~lming,** Black Wing Productions will submit a written Plan of Activities to the local.Flight Standards District Office (FSDO) withjurisdiction over the area ofproposed filming. Theplan ofactivities will include the following:

a. Dates andtimes for all flights. b.Name and phone number ofthe BlackWing Productions point-of-contact for the UAS aerial filming to be conducted. c. Name andphonenumberofthepersonresponsible for the on-scene operation ofthe UAS. d. Make, model, and serial orN-NumberofUASto be used. e. Name and certificate number ofUAS PICs involved in the aerial filming. f. A statement that Black Wing Productions has obtained permission from property owners and/or local officialsto conduct the filming production event; the list ofthose whogavepermission mustbe made availableto the inspectorupon request. g. Signature ofBlackWing Productions CEOor representative. h.A description ofthe flight activity, including maps or diagrams ofany area, city, town, county, and/or state overwhich filming will be conducted and the altitudes essential to accomplishthe operation. 2. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved andnecessary forthe filming production.
In addition to the above, Black Wing Productions has implemented a Safety Management System. Black Wing Productions Safety Manager is responsible for conducting safety audits, investigations, and inspections and is authorized to stop or prohibit any activity or operations which is considered unsafe. 

### 5 Regulations From Which Exemption is Requested
5.1 Part 61, Certification: Pilots, FlightInstructors, and GroundInstructors Extent ofReliefPart 61, all sections. Reasonfor ReliefBecause the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to have at least a sportpilot's license rather than a commercial pilot's licenseto operatethese sUAS. EquivalentLevel of Safety Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Operations

### ~md Safety Man'uals. The level of safety provided by the requirements included in the Manuals 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. ofthe sUAS as requested with a sport pilot certificate as the PIC exceeds the present level o.f safety achieved by 14 C.F.R. §61.113 (a) & (b).



### 5.2 Part 67, Medical Standards and Certification Extent ofRelief Part 67, all provisions. Reason for Relief Manned aircraft pilot medical qualifications are stringent due to the great responsibility and safetY concerns of operating multi-ton vehicles with passengers at high speeds and altitudes. sUAS in ultralight class ofless than 55 lb. operating at low velocity and no more than 400 ft AGL do not pose the same level ofrisk and therefore, may be operated by individuals with medical qualifications at a different standard, namely, that of a Class C drivers license. Requiring·individuals to possess a First, Second, or Third Class Medical certificate to operate 

# asUAS weighing 55 lbs or less and flying below 400 ft or less at low speeds places an unreasonable burden on both individuals as well as the FAA. EquivalentLevel ofSafety Class C drivers license medical requirements, verified by possession ofa valid drivers license.



### 5.3 91.7 Civil aircraft airworthiness. Extent ofRelief 91.7, allprovisions. ·Reason for Relief

Should the exemption be granted allowing commercial operation ofthe sUAS without an airworthiness certificate, no standard will existfor airworthiness ofthe sUAS. Equivalt:mt Level ofSafety Given the size and weight ofthese aircraft and therequirements contained inthe GOM, an equivalent level of safety will be achieved by insuring compliance with the slJAS user manuals prior to each

# .· flight. 

### 5.4· 91.119,Minimum safe altitudes: General. Extent ofRelief Section 91.119 establishes safealtitudes for operation ofcivil aircraft. 9J.119(c) limits aircraftflying over areas otherthan 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, vehicle, orstructure. · Reasonfor Relief To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In addition, due to the nature ofthe proposed operations, the PIC and the observermay at times be less than 500 feet away from**structure~** 

### duringthe operation. EquivalentLevel of Safety The equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the required permission ofthe property owner and local officials, and advanced notice to participants and spectators. Because ofthe
. advance notice all affected individuals will be aware of the planned flight. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. described above and the lack of flammable fuel, any risk associated with these operations is far less than those presently conducted 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 sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.



### 5.5 91.121 AItimeter Settings Extent of Relief §91.121 Reasonfor Relief As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. EquivalentLevel of Safety An equivalent level ofsafety will be achieved by the operator, pursuant to the GOM and the Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator befqre flight.



### 5.6- 91.151, Fuel requirements for flight in VFR**condition~.** 

### Extent of Relief §

### 91.151,allprovisions.9 Reasonfor Relief The provision requires fuel sufficient for one halfhour flight beyond the destination. These sUAS, includingtodays longest endurance platforms, are unable to meet thisrequirement because oflimited maxflight times. Equivalent Level of Safety An equivalent level ofsafety can be achieved by limiting flights for the sUAS according to thesafety· limitations described in the Operations and Safety Manuals. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

5.7 91.405, 91.407, 91.409, 91.417 Inspection and Maintenance Programs Extent of Relief 

### §§91.405, Maintenance required; 

### 91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration; 

### 91.409, Inspections; and 

### 91.417, Maintenance records. Reason for Relief The part 

### 91 provisions are not applicable to a sUAS ofthe described weight class. Furthermore, FAA certified mechanics for sUAS do not at thispresent time exist, sofull compliance is not possible. The sUAS flown are modular and as such entire components including engines and propellers are ·minor replacements rather than major repairs. Finally, continuous minor alterations and payload reconfigurations ofsUAS are designed and required for the operation ofsUAS and do not negatively impact airworthiness. Equivalent Level of Safety Inspection and maintenance manuals are used to maintain the sUAS in airworthy condition. Each sUAS is maintained according to the manufacturer standard orhigherby technicians proficient in the building, repair, and maintenance ofthe sUAS. Inspectionand Maintenance manuals utilized contain all aircraft-relevant items as described in (43 AppendixD (Scope and Detail ofltems).
6 Public Interest
Black Wing Productions believes that the enhanced safety achieved using a sUAS with the specifications described in this petition and supporting documents and by carrying no passengers or crew, rather than a manned aircraft ofsignificantly greater·proportions carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operations enabled by this exemption are in the public interest.
Theoutputs ofsafe, reliable, andregulatory compliant operations ofsUASprovide economicbenefits historically unparalleled since the invention of flight, benefiting stakeholders at every level, both public and private. Lawful, safe aerial robotics operations will create new high-tech employment that will stimulate city and state governments; improve**i~dustries,** create new small and large businesses; infuse new interest in STEM for children; and increase the safety of citizens through enhanced first-responder capabilities.

### 7 Privacy
All flights will occur over private, limited, or restricted-access areas with the property owner's prior consent and knowledge. A trained crew: will conduct operations and all other individuals will either be apart ofthe operation or consentto bepresent at thetime ofoperations. 

### 8 

### FederalRegister Summary
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), 61.133(a); 91.7 (a); 91.9 (b) (2); 91.109; 91.119; 91.121; 9l.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 sUAS for commercial use. 

### 9 

### Conclusion
BlackWing Productions seeks this exemption to conduct commercial operations using sUAS within restricted- access areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public economic benefits derived from increased sUAS development will be denied, and the Congressional directive to accelerate the integration ofUAS into the NAS will be impeded. The sUAS physical and operational characteristics are compliant with those described in the FMRA and FAA's guidance for Sec 333 exemptions. Black Wing Productions respectfully requests that the FAA grantitspetition for exemption from airworthiness. Please do not hesitate to contact me via email at scotberk@gmail.com ifyou have any questions or concerns.
VeryRespectfully Yours,

ScotBerk Black WingProductions
Attachment 1: DJI INSPIRE 1Disclaimerand Warningsv1.0 Attachment2: DJIINSPIRE 1UserManual v1.4 Attachment 3: DJIINSPIRE 1 Quick Start Guide v1.4 Attachment4: DJIINSPIRE 1 SafetyGuidelines vl.O
· Attachment 

### 5: DJIPHANTOM 3 Professional UserManual v1.4

Attachment 6: DJIPHANTOM 3AdvancedUserManual vlA · Attachment 7: DJIPHANTOM 3 Professional Quick Stan Guide v1.4 Attachment 8: DJIPHANTOM 3Advanced Quick Start Guidev1.4 Attachment 9: 3DRobotics SOLO UserManual Attachment 10: 3DRobotics SOLO Quick Start Guide