.. 

The Honorable Michael P. Huerta 

Office ofthe Administrator 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

October 26, 2015 

Scot Berk 

Black Wing Productions, LLC 

701 S Howard Ave, STE 106 

Tampa, FL 33606 

Tel (302) 242-4294 

RE: Black Wing Productions, LLC. sUAS Petition for Exemption Pursuant to FMRA Sec 

333 and 14 CFR Part 11 

Dear Administrator Huerta: 

Black Wing Productions, LLC ('Black Wing Productions') hereby petitions the FAA for regulatory 

relief pursuant to Section 333 of P.L. 112-95 and 14CF .R. Sec. 11.81to conduct commercial flights 

using the 3DR Solo, DJI Phantom 3 Professional, and DJI Inspire I sUAS for the following 

applications: 

• Aerial Videography and Photography 

• Aerial Cinematography 

• Aerial Survey 

Black Wing Productions, therefore, seeks a request for exemption from airworthiness and the 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 of the Black Wing 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, golf courses, event planning, tourism, site 

assessment, media and surveying vertical markets. Black Wing Productions is committed to the 

safe, professional use of sUAS. 

Mailing address and other contact information. 

ATT: Scot Berk 

Black Wing Productions, LLC 

701 S Howard Avenue, Suite 106 

Tampa, Florida 33606 

Email: scotberk@gmail.com 

2 Relevant Statutory Authority 

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

through (c) of the 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 of UASs 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. 1 

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."2 

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

authority by its terms i'ncludes exempting civil aircraft, as the term is defined under §40 101 of the 

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 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. 

Each Black Wing Productions sUAS weighs 55 lb. or less including payload. Each Black Wing 

Productions s UAS operates under normal conditions at a speed of no more than 87 knots. Each Black 

Wing Productions sUAS has the capability to operate in either Automatic' or Manual' mode as 

described in the Operating Manuals. 

1public Law 112-95, 'FAA Modernization and Reform Act• Section 333 (a) 

2Jd.§333(c). 

Generally Black Wing Productions sUAS operations will be below an altitude of 400 ft. AGL, within 

specific access-restricted areas, either within Class G airspace or with the permission of the A TC, 

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 "not create a hazard 

to users of the National Airspace System or the public" as per the 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 

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

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

the public interest. 

4 Black Wing Productions Description of Proposed Operations 

Black Wing Production operations will provide a level of safety 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 accompanying 
Operations and Safety Manuals attached. In brief, the following procedures that apply during 

operations conducted under this exemption request, establish an equivalent level of safety (ELOS) 

as follows: 

1. The sUAS will weigh less than 55 lb .. 

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

3. Flights will occur during daylight hours. 

4. Flights will occur during Visual Flight Rules Meteorological Conditions (VMC). 

5. Flights will generally be operated at an altitude of no more than 400 feet AGL and within Class 

G airspace. Operations in controlled B, C, or D airspace will be conducted in coordination with 

the proper FSDO and ATC with prior permission. 

6. Flights will be terminated at 25% battery power reserve should that occur during the operation. 

7. All Black Wing Productions sUAS will be U.S. registered and display marks either in 

accordance with 14C.F .R. Part 45, Subpart C ·or approved alternative markings. ·-

8. Operations will be conducted in defined regions and over property authorized for this use by the 

landowner. All operations will remain within the geographic boundaries of the 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, including local law enforcement, fire, or other 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 reduced to 

30 feet based upon an equivalent level of safety 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 of the safety perimeter be present for this briefing. 

12. Minimum crew for each operation will consist of the 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 of a 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. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS 

Pilot, who possess the necessary PIC qualificatiops, is also present (i.e. the Visual 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 and post-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 if hazards that cannot be acceptably mitigated are observed. 

19. sUAS will safely stop operating and either return home or auto-land at a safe location along the 

flight path if the control link is lost. 

20. For each sUAS, the PIC will have the ability to force a controlled landing at any time. 

Operations for the purpose of closed-set motion picture and television 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) with jurisdiction over the area 

of proposed filming. The plan of activities will include the following: 

a. Dates and times for all flights. 

b. Name and phone number of the Black Wing Productions point-of-contact for the UAS 

aerial filming to be conducted. 

c. Name and phone number of the person responsible for the on-scene operation of the UAS. 

d. Make, model, and serial or N-Number ofUAS to be used. 

e. Name and certificate number of UAS PICs involved in the aerial filming. 

f. A statement that Black Wing Productions has obtained permission from property 

owners and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request. 

g. Signature of Black Wing Productions CEO or representative. 

h. A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation. 

2. Flight operations may be conducted closer than 500 feet from participating persons consenting 

to be involved and necessary for the 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, Flight Instructors, and Ground Instructors 

Extent ofReliefPart 

61, all sections. 

Reason for Relief 
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 at 

least a sport pilot's license rather than a commercial pilot's license to operate these sUAS. 

Equivalent Level 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 of operation 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. of the 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 of Relief 

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 of less than 55 lb. operating at low velocity and no more than 400 ft AGL do not 

pose the same level of risk 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 a sUAS 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. 

Equivalent Level of Safety 

Class C drivers license medical requirements, verified by possession of a valid drivers license. 

5.3 91.7 Civil aircraft airworthiness. 

Extent of Relief 

91.7, all provisions. 

·Reason for Relief 

Should the exemption be granted allowing commercial operation of the sUAS without an airworthiness 

certificate, no standard will exist for airworthiness of the sUAS. 

Equivalt:mt Level of Safety 

Given the size and weight of these aircraft and the requirements contained in the 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 of Relief 

Section 91.119 establishes safe altitudes for operation of civil aircraft. 9J .119( c) limits aircraft flying 

over areas other than 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. · 

Reason for Relief 

To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In 

addition, due to the nature of the proposed operations, the PIC and the observer may at times be less 

than 500 feet away from structure~ during the operation. 

Equivalent Level of Safety 

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 and local officials, and advanced notice to participants and spectators. Because of the . 

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 of conventional aircraft that must comply with Section 91.119. 

5. 5 91. 121 AI tim eter Settings 

Extent of Relief 

§91.121 

Reason for Relief 

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption 

may be needed. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by the operator, pursuant to the GOM and the Safety 

Check list, confirming the altitude of the 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 , all provisions. 
9 

Reason for Relief 

The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS, 

including todays longest endurance platforms, are unable to meet this requirement because of limited 

max flight times. 

Equivalent Level of Safety 

An equivalent level of safety can be achieved by limiting flights for the sUAS according to the safety· 

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 of the described weight class. Furthermore, 

FAA certified mechanics for sUAS do not at this present time exist, so full 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 of sUAS are designed and required for the operation of sUAS and do not negatively 

impact airworthiness. 

Equivalent Level of Safety 

Inspection and maintenance manuals are used to maintain the s UAS in airworthy condition. Each 

sUAS is maintained according to the manufacturer standard or higher by technicians proficient in the 

building, repair, and maintenance of the sUAS. Inspection and Maintenance manuals utilized contain 

all aircraft-relevant items as described in ( 43 Appendix D (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 of significantly 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. 

The outputs of safe, reliable, and regulatory compliant operations of sUAS provide economic benefits 

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 a part of the operation or consent to be present at the time of operations. 

8 Federal Register 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 

Black Wing 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 of UAS 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 grant its petition for exemption from airworthiness. 

Please do not hesitate to contact me via email at scotberk@gmail.com if you have any questions or 

concerns. 

Very Respectfully Yours, 

Scot Berk 

Black Wing Productions 

Attachment 1: DJI INSPIRE 1 Disclaimer and Warnings v1.0 

Attachment 2: DJI INSPIRE 1 User Manual v1.4 

Attachment 3: DJI INSPIRE 1 Quick Start Guide v1.4 

Attachment 4: DJI INSPIRE 1 Safety Guidelines vl.O 

· Attachment 5: DJI PHANTOM 3 Professional User Manual v1.4 

Attachment 6: DJI PHANTOM 3 Advanced User Manual vlA · 

Attachment 7: DJI PHANTOM 3 Professional Quick Stan Guide v1.4 

Attachment 8: DJI PHANTOM 3 Advanced Quick Start Guide v1.4 

Attachment 9: 3D Robotics SOLO User Manual 

Attachment 10: 3D Robotics SOLO Quick Start Guide