DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 1

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC.

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Dark Zone Pictures, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR) PART 21

SECTIONS; §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 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), and 91.417(a) 

and (b).

CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on June 30, 2015

Dark Zone Pictures, LLC

Phillip Darlington (Pro Se.)

2443 South University Blvd, Suite 276

Denver, CO 80210

Phone: (720) 583-5316

Email: Phillip@DarkZoneTheMovie.com
TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS ...........................................................................3

SUMMARY ...................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER .....................................4

BACKGROUND ..........................................................................................................5

BASIS FOR PETITION ...............................................................................................7

NAME AND ADDRESS OF PETITIONER ................................................7

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 

 DARK ZONE PICTURES, SEEKS EXEMPTION ......................7

THE EXTENT OF RELIEF DARK ZONE PICTURES SEEKS 

AND THE REASON DARK ZONE PICTURES, SEEKS RELIEF........12 

REASONS WHY GRANTING DARK ZONE PICTURES, 

REQUEST WOULD BE IN THE PUBLIC INTEREST ............................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD

 NOT ADVERSELY AFFECT SAFETY...........................................13

FLIGHT OPERATIONS ...............................................................................15

CONCLUSION ...........................................................................................................18

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 2
GLOSSARY OF ABREVIATIONS

AGL Above Ground Level 

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

NAS National Airspace System

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SMS Safety Management System

UAV Unmanned Aircraft System

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VTOL Vertical Take Off and Landing 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 3
SUMMARY

Dark Zone Pictures, LLC, seeks exemption from the requirements of 14 C.F.R. §§ 45.23(b), 

61.113(a) and (b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and 

(b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as well as the restricted category 

airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to 

have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21.

This exemption will permit Dark Zone Pictures, LLC to operate its various Unmanned 

Aircraft Vehicles (“UAV”) to conduct aerial filming and photographing to include: infrastructure 

inspections, aerial acquisition (mapping), real estate, and other applicable areas for pre-planned, 

controlled areas and other remote/uninhabited locations, while keeping the documents required by 

the regulations at the ground control station and immediately accessible to the pilot in command. 

Furthermore, the exemption will relieve Dark Zone Pictures, LLC from the airworthiness 

certificate standards and the requirement to have a certificate of airworthiness issued for its UAV. 

This exemption will also permit any required markings concerning the operational status of its 

UAV to be displayed on the main section of the unmanned aircraft. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Dark Zone Pictures, LLC is owned by Veteran filmmaker Phillip Darlington who has a long 

and well-recognized history in 3rd party technical support for various Television Productions and 

Motion Picture Productions since 1988. Dark Zone Pictures was established in 2015 to produce 

various independent motion pictures for entertainment presentation and distribution. The 

personnel behind Dark Zone Pictures has an extensive history of utilizing multi-rotor Vertical Take 

Off and Landing Unmanned Aerial Vehicles, (VTOL) (UAV’s), for the purpose of making highly 

accurate professional quality aerial photography and videography for a range of clients and various 

similar applications. 

Since 2009, the people behind Dark Zone Pictures have been operating a variety of VTOL 

aircraft for industrial aerial inspections and entertainment acquisitions and will continue to 

acquire additional UAV’s all under 55 lbs in weight. As set forth in this Petition, Dark Zone 

Pictures, LLC seeks to operate its UAV’s for the special purpose of aerial photography for 

entertainment, educational and inspection purposes for its legacy customers and to expand to 

support the growth of new customers in various regions of the United States. Dark Zone Pictures, 

LLC plans to do this with a continued focus on safety and the highest standards of quality, 

maintenance and reliability.

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 4
BACKGROUND

Unmanned Aircraft Vehicle: Inspire 1 UAV

Dark Zone Pictures, LLC seeks an exemption to operate its existing Inspire 1, UAV, for 

compensation or hire within the national airspace system (“NAS”).

The Inspire 1 UAV is comprised of a VTOL unmanned aircraft and a transportable ground 

station. The Inspire 1 UAV has a maximum gross weight of approximately six and one half (6.5) 

pounds and the following technical and operational specifications:

Aircraft Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (GPS mode) Vertical: 0.5 m

 Horizontal: 2.5 m

Max Angular Velocity Pitch: 300°/s

 Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind)

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approximately 18 minutes

Motor Model DJI 3510

Propeller Model DJI 1345

Indoor Hovering Enabled by default

Operating Temperature Range -10° to 40° C

Diagonal Distance 559 to 581 mm

Dimensions 438 x 451 x 301 mm

For more information on DJI Inspire 1 user manual, visit: 

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 5
FIGURE 1: DARK ZONE PICTURE’S INSPIRE 1 WITH BUILT IN VIDEO/CAMERA SYSTEM

Dark Zone Pictures, LLC will submit an Aircraft Registration Application for each UAV upon the grant 

of the exemptions sought by this Petition. 

Proven Operational History of: Inspire 1 UAV in the NAS

The DJI Inspire 1 UAV’s are currently operating safely within the NAS. Dark Zone Pictures, 

LLC has been operating UAV’s under 55lbs for the past 5 years without any recorded incident, accident 

or failure. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 6
In accordance with 14 C.F.R. § 11.81, Dark Zone Pictures, LLC provides the following information in 

support of its petition for exemption: 

A) Name and Address Of The Petitioner.

 The name and address of the Petitioner is: 

 Dark Zone Pictures, LLC

 Mailing Office: 729 W 24th Street #7; San Pedro, CA 90731

 General Office: 2443 South University Blvd, Suite 276 Denver, CO 80210

 The point of contact for this Petition and specific contact information is as follows:

 Phillip Darlington

 Dark Zone Pictures, LLC

 Mailing Office: 729 W 24th Street #7; San Pedro, CA 90731

 Phone: (720) 583-5316

 Email: Phillip@DarkZonePics.com

The Specific Sections of 14 C.F.R. From Which Dark Zone Pictures, LLC Seeks Exemption. 

1. 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 Dark Zone Pictures, LLC, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for 

an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAV. In all cases, an 

analysis of these criteria demonstrates that the UAV 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. 

BASIS FOR PETITION

Petitioner, Dark Zone Pictures, LLC, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator for an 

exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b) (2), 

91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 

91.417(a) and (b)., as well as the restricted category airworthiness certification standards specified in 

14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated 

by 14 C.F.R. Part 21. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 7
2. 14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

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

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

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

as the UAV will have no entrance to the cabin, cockpit or pilot station on which the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” can be placed. Given the size of the UAV, 

two-inch lettering will be impossible. The word “experimental,” may be placed on one of the rotor 

arms of each UAV, in compliance with §45.29 (f). The equivalent level of safety will be provided by 

having the UAVs marked on their rotor arm as required by §45.29 (f) where the pilot, observer and 

others working with the UAV will see the identification of the UAV as “experimental,”. 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167A.

3. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command. 

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

UAVs 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

sports, recreational or private pilot’s license rather than a commercial pilot’s license to operate these 

small UAVs. Unlike a conventional aircraft that carries the pilot and passengers, Dark Zone Pictures, 

LLC UAVs are 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 Dark Zone 

Pictures, LLC Operations Manual DZP-004 Rev. 4 (Manual). 

All of the UAV’s to be operated hereunder are less than 55 lbs. fully loaded, carry neither a 

pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively 

within a secured area as set out in the Dark Zone Pictures, LLC Operations Manual. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by both the 

operator, pursuant to the Manual’s requirements, and under the requirements and in compliance 

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

with conventional inspections. The FAA will have advance notice of all operations. These safety 

enhancements, which already apply to civil aircraft operated in connection with aerial filming, 

photographing and facility inspections, 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 UAV’s, due to their size, speed of operation, 

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 8
5. 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 ...

The UAVs, given their size and configuration have no ability or place to carry such a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the UAV 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.

6. 14 C.F.R. § 91.103: Preflight action

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

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

an exemption will be needed. An equivalent level of safety will be provided as set forth in the 

Manual. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

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

Rotor craft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

7. 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. 

The level of safety provided by the requirements included in the Manual 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 UAVs are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of these 

UAVs as requested with a sports, recreational or private pilot as the PIC exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b).

4. 14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

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

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

be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of 

the aircraft and the requirements contained in the Manual for maintenance and use of safety check 

lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be 

provided. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 9
The equivalent level of safety will be achieved given the size, weight, speed of the UAVs as 

well as the location where they will be operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as 

set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more 

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

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

below 400 ft. AGL in the power generation industry. In addition, the low-altitude operations of the 

UAVs will ensure separation between these small UAV operations and the operations of conventional 

aircraft that must comply with Section 91.119. 

9. 14 C.F.R. §91.121 Altimeter Settings

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

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

altimeter setting available before departure.” As the UAV may not have a barometric altimeter, but 

instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

10. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly 

after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The batteries powering all of Dark Zone Pictures, LLC’ UAV’s provide approximately 35 

minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAV 

flights would be limited to approximately five (5) minutes in length. Given that this limitation would 

prohibit the flight of the UAV’s a longer time frame for flight in daylight or night VFR conditions is 

reasonable.

UAVs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

8. 14 C.F.R. §91.119: Minimum safe altitudes

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

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 

As this exemption is for a UAV that is a multi-rotor VTOL and the exemption requests authority 

to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from 

which operations are planned, an exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Manual, the UAV will never operate at higher 

than 400 ft. AGL. It will however be operated in a restricted area with security perimeter, where 

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

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 10
11. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

All of Dark Zone Pictures, LLC’ UAV’s fully loaded weigh no more than 55 lbs and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAV’s. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAV will have immediate access to them, to the extent they 

are applicable to the UAV. 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.

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate. . . .

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

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

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

12. 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 Dark Zone Pictures, LLC Maintenance will be accomplished by Dark 

Zone Pictures, LLC pursuant to the flight manual and operating handbook as referenced in the 

Manual.(See Sections L and Q) An equivalent level of safety will be achieved because these small 

UAVs 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 UAV can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, Dark Zone Pictures, LLC will 

ensure that every UAV 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.

Dark Zone Pictures, LLC believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAV, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAV.

Additionally, limiting UAV flights to 5 minutes would greatly reduce the utility for which the 

exemption will be granted.

Dark Zone Pictures, LLC believes that an equivalent level of safety can be achieved by limiting flights to 25% of battery power. This restriction would be more than adequate to return the 

UAV’s to their planned landing zone from anywhere in their limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808.

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 11
Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), 

Dark Zone Pictures, LLC seeks relief from the airworthiness certificate requirements of the FAR 

because operation of the Inspire 1 UAV will not create a hazard to users of the NAS, or the public, 

or otherwise pose a threat to national security. Section 333 sets forth the requirements for considering whether a UAV will create a hazard to users of the NAS or the public or pose a threat to national 

security. Further, Section 333 provides the authority for such UAV to operate without airworthiness 

certification. 

Specifically, Section 333 states the following, in part: 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under sub 

section (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within 

visual line of sight do not create a hazard to users of the national airspace system or the 

public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of 

unmanned aircraft systems identified under paragraph (1set forth below, numerous factors, 

including the proven safe operational history of the Inspire 1 UAV in the NAS, as well as the 

specific parameters of Dark Zone Pictures, LLC’ intended operation pursuant to this exemption, demonstrate that the Inspire 1 UAV have in the past, and will continue in the future, to 

operate safely in the NAS without creating a hazard to other aircraft or people on the ground. 

Accordingly, the FAA may approve operation of the Inspire 1 UAV, without an airworthiness 

certificate, by setting forth specific operating limitations to ensure a level of safety equivalent 

to what would be provided by airworthiness certification.

13. The Extent Of Relief Dark Zone Pictures, LLC Seeks And The Reason Dark Zone Pictures, 

LLC Seeks Relief From 14 C.F.R. § 21.185. 

Dark Zone Pictures, LLC seeks relief from the airworthiness certificate requirements of the 

Federal Aviation Regulations and proposes to commercially operate the Inspire 1 UAV, without an 

airworthiness certificate, for the special purpose of conducting aerial inspection, photography and 

filming services for its customers, pursuant to specific operating limitations and a Safety Management System (“SMS”). Dark Zone Pictures, LLC seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the extent that the Inspire 1 UAV, which have not yet been type 

certificated by the FAA, may be operated as if they were a restricted category aircraft for a single, 

defined, special purpose operation (i.e., aerial inspection, aerial photography or aerial filming). 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 12
********* 

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:

Dark Zone Pictures, LLC seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); §§ 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), 91.417 (a) & (b), as well as the restricted category 

airworthiness certification standards specified in 14 C.F.R. § 21.185 to operate commercially 

unmanned vehicle (55lbs or less) for aerial inspections.

Approval of exemptions allowing commercial operations of UAVs in the filmmed entertainment, real estate and inspection industries will enhance safety by reducing risk. The UAVs will be 

utilized for aerial data collection and closed set motion picture and filming. Conventional data 

collection, inspections, and filming using persons hanging or leaning outside the door of a 

helicopter at altitudes of 300 to 450 feet or higher are potential cause for falls, death or injury. In 

contrast, an Dark Zone Pictures, LLC UAV weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all human risk to serious falls given that the PIC is on the ground. 

Every Dark Zone Pictures, LLC UAV is carried to the inspection site and not flown. The 

UAV’s will carry no passengers or crew and, therefore, will not expose them to the risks associated 

with manned aircraft flights. The operation of small UAVs, weighting less than 55 lbs., conducted 

in the strict conditions outlined above, will provide an improved level of safety supporting the grant 

of the exemptions requested herein, including exempting the Dark Zone Pictures, LLC 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 by humans hanging or leaning outside the door of a helicopter.

Reasons Why Granting Dark Zone Pictures, LLC’s Request Would Be In The Public Interest

Granting the present Petition will further the public interest by allowing Dark Zone Pictures, LLC 

to safely, efficiently, and economically perform aerial filming services for the purpose of closed-set 

filming of motion pictures, music videos, web videos, corporate videos, television programs and 

commercials, and still photography. The enhanced safety achieved by replacing significantly larger 

manned aircraft carrying crew and flammable fuel with Dark Zone Pictures, LLC’ small UAV 

carrying no passengers or crew and operated under the specific guidelines and procedures proposed 

by Petitioner gives the FAA good cause to find that the UAS operations enabled by the instant 

Petition are in the public interest. 

 Notably, the benefits of the proposed operation 

of the Dark Zone Pictures, LLC UAV will be 

realized without implicating any privacy 

issues. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 13

 Aerial data collection includes any remote sensing and 

measuring by an instrument(s) aboard the UA. Examples 

include imagery (photography, video, infrared, etc.), 

electronic measurement (precision surveying, RF analysis, 

etc.), chemical measurement (particulate measurement, 

etc.), or any other gathering of data by

instruments aboard the UA.

1

1
Figures 2 & 3: Photos of Current Filming Techniques

Figures 4: Hypothetical Experience Utilizing DJI Inspire 1 for Inspections

Privacy:

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

prior consent and knowledge. Aerial data collection and closed-set motion picture and filming will 

be in a controlled closed-set environment. Petitioner will ensure that no persons are allowed within 

500 feet of the operating area except those consenting to be involved and necessary for the 

filming production, with the possibility of reducing this distance to no less than 200 feet if it would 

not adversely affect safety and the Administrator has approved it. This is consistent with FAA Order 

8900.1, V3, C8, S1. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 14
Flight Operations:

Flight Operations pursuant to the exemption sought would be limited to areas that are not 

in the proximity of airports or over populated areas that would cause interference or distractions. 

Dark Zone Pictures, LLC proposes to conduct aerial data collection and closed-set motion picture 

and filming in a controlled closed-set environment over private land.

Specifically, Dark Zone Pictures, LLC’ proposed areas of aerial inspections and filming 

operations include rural areas that are not within five (5) miles of any airport or helipad;

Dark Zone Pictures, LLC has been operating all of its UAV’s by regulations such as the 

ICAO (International Civil Aviation Organization) and the FAA’s own national airspace regulations. 

In order to increase flight safety and prevent accidental flights in restricted areas, all of Dark Zone 

Pictures, LLC’ UAV’s will be operated utilizing Category “A” No Fly Zone restrictions. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 15
For more information on DJI flysafe zone settings for the Inspire 1, visit: 

https://youtu.be/YoXAMRQoIAA

Figure 5 - 8: Example of Category “A” No Fly Zone for Dark Zone Pictures, LLC

In summary, Dark Zone Pictures, LLC seeks to operate its UAV’s only over private or 

controlled access areas, while maintaining safe distances from any airports, helipads. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 16
Operation Of Dark Zone Pictures, LLC’ UAV’s Will Be Conducted Pursuant To “DZP-004 UAS 

Operations Manual (For UAS’s under 55 lbs).” 

Dark Zone Pictures, LLC’ Operations Manual DZP-004 will control operation UAV’s and 

will significantly contribute to maintaining the level of safety contemplated by the airworthiness 

certificate requirements from which Dark Zone Pictures, LLC now seeks relief. Pursuant to the 

Operations Manual and 14 C.F.R. § 43.13, entitled Performance Rules (general), each person 

performing maintenance, alteration, or preventive maintenance on any of Dark Zone Pictures, LLC’ 

UAV’s, motors, propellers, hardware, guidance systems or appliances shall use the methods, 

techniques, and practices prescribed in the current manufacturer’s maintenance manual or 

Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, 

techniques, and practices acceptable to the Administrator. Each person shall use the tools, 

equipment, and test apparatus necessary to assure completion of the work in accordance with accepted industry practices.

A copy of the Operations Manual, to Dark Zone Pictures, LLC, is attached hereto as Exhibit 

B, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).3 

Flight Operations Of Dark Zone Pictures, LLC’ UAV’s Are Limited To Line Of Sight Of The PIC 

With A Safety Observer. 

Dark Zone Pictures, LLC will only utilize PIC’s with a valid private, recreational, or sport 

pilot certificate and a Class II Medical Certificate or a valid U.S. Driver’s License. Additionally, 

all pilots will be assisted by a visual observer (VO). The pilot in command and VO must meet the 

requirements as set forth by the Operations Manual adopted by Dark Zone Pictures, LLC for flight 

operations of the UAV’s. 

 DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 17
CONLUSION: 

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 UAS in the aerial data collection 

and closed set motion picture and filming industry pursuant to the Manual appended hereto. 

Submitted on November 16, 2015

Phillip Darlington (Pro Se.)

2443 South University Blvd, Suite 276

Denver, CO 80210

Phone: (720) 583-5316

Email: Phillip@DarkZonePics.com

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