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.comTABLE 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 2GLOSSARY 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 3SUMMARY 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 4BACKGROUND 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 5FIGURE 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 6In 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 72. 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 appli

cable. 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 85. 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 9The 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 partici

pants 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 con

trols. 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 1011. 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 oper

ated without an onboard pilot. As such, there is no ability or place to carry certification and registra

tion 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 represen

tative 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 inspect

ed 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 chap

ter...,” 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 oper

ating 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 oper

ate 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 limit

ing 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 11Pursuant 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 consider

ing 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 certifica

tion 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 exemp

tion, 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 Manage

ment System (“SMS”). Dark Zone Pictures, LLC seeks relief from the airworthiness certificate re

quirements 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 entertain

ment, 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 1Figures 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 14Flight 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 15For 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 16Operation 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 ac

cepted 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 17CONLUSION:

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

DARK ZONE PICTURES SECTION 333 PETITION 2443 South University Blvd, Suite 276 Denver, CO 80210 Page 18