1919 M STREET NW |FLOOR EIGHT | WASHINGTON DC 20036| TEL 202 730 130 0 | FAX 202 730 1301 | H WGLAW .COM March 3 , 2016

Via Electronic Submission U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Denali Media Holdings

, Exemption Request Pursuant to Section 333 of the FAA

Reform Act of 2012 and Part 1 1 of t he Federal Aviation Regulations from 14 C.F.R. part 21, Subpart H

, 14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121 , 91.151(a)(1), 91.405(a), 91.407(a)(1) and (2), 91.409(a)(1) and (2), and 91.417(a) and (b) ; Request for Summary Processing

Dear Sir or Madam :

Pursuant to Section 333 of the FAA Modernization and Refor m Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Denali Media Holdings (“DMH” )

, by its attorneys, hereby petitions for an exemption from the above

- listed Federal Aviation Regulations (“FARs”) to allow commercial operations of its DJI Inspire 1 Unmanned Aerial System (UAS) for the purpose of conducting low altitude aer ial photography and videography for promotional, safety inspection, entertainment, marketing

, and filming in television operations purposes
, so long as such operations are conducted within and under the conditi ons outlined herein or as may be established by the FAA in an exemption granted under either Section 333 of the Reform Act or 49 U.S.C. § 44701(f).

DMH will accept the conditions set forth in Grant of Exemption Nos. 11062, 11109, 11112, 11213, 11532, an d 12645 (the “Similar Exemptions”). As this e xemption request is

similar to the relief requested in the g rant s of the Similar Exemptions, the reasons stated by the FAA for granting the Similar Exemptions should also apply to this request

. Therefore, DMH requests summary approval of this exemption request.

As with the g rant s of the Similar Exemptions, approval of this request will likewise enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “. . . e stablish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.Marlene H. Dortch

March 3 , 2016 Page 2 of 10

1. Name and Address of Petitioner

Denali Media Holdings

Robert Todd Dean Production Manager 1001 Northway Drive, Suite 202 Anchorage, AK 99508

Tel: 907

- 761

- 9770

tdean@denalimediaalaska.com

2. Regulatory Requirements From Which Petitioner Requests Exemption

Petitioner requests exemption from 14 C.F.R. part 21, Subpart H

, 14 C.F.R. §§ 61.23(a) and (c), 61.1 01(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1) and (2), 91.409(a)(1) and (2), and 91.417(a) and (b)

, to the extent necessary to allow petitioner to operate a UAS to conduct aerial photography and v ideography for promotional, safety inspection, entertainment, marketing, and filming in television operations

purposes

. The Petitioner also requests exemption from any other regulations the FAA deems necessary in order to operate the UAS as described herei n.

3. How Petition will Maintain Equivalent Level of Safety or No Adverse Impact to Safety

● 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

– Subpart H of Part 21 establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1). Given the size and limited operating area associated with the UAS to be utilized by DMH, an exemption f rom Part 21 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 authorize the FAA to exempt aircraft from the requiremen t for an airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular aircraft.

Equivalent Level of Safety

– An analysis of the criteria demonstrates that the proposed UAS operated without an airworthiness certificate in the restricted environment and under the conditions proposed will be at least as safe as or safer than a conventional fixed

- wing or rotorcraft aircraft operating with an airworthiness certif icate without the restrictions and conditions present. The proposed UAS, with payload, weighs less than 55 pounds, carries neither a pilot nor passengers, carriers no explosive materials or flam mable liquid fuels, and

operates exclusively within a designa ted area. Unlike other civil aircraft, operations under an exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with public safety requirements. These safety requirementsMarlene H. Dortch

March 3 , 2016 Page 3 of 10

provide a greater d egree of safety to the public and property owners than conventional operations conducted with certificates issued under 14 C.F.R. Part 21, Subpart H. Finally, application of these criteria demonstrates there is no credible threat to national security pose d by the proposed UAS due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and the inability to carry substantial external loads.

● 14 C.F.R. § 61.23(a) and (c): Medical Certificate Requirem ent and Duration

– DMH requests exemption from 14 C.F.R. § 61.23(a) and (c)

, which provide for certain flight operations requiring medical certificates.

Equivalent Level of Safety

– DMH’s petition provides an equivalent level of safety

because DMH will require a pilot in command ( PIC ) to hold either a medical certificate, of any class, or a valid U.S. Driver’s License.

● 14 C.F.R. § 101(e)(4) and (5): Recreational Pilot Privileges and Limitations; 14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations

– Pilot in Command; and 14 C.F.R. § 61.315(a): What Are the Privileges and Limitations of My Sport Pilot Certificate ?

– DMH requests exemption from 14 C.F.R. § 101(e)(4) and ( 5 )

, which prohibits recreational pilots from receiving compensation fo r hire or providing flight services in furtherance of a business, respectively. In addition, DMH requests exemption from 14 C.F.R. § 61.113(a)

, which

restricts private pilot certificate holders from flying aircraft for compensation or hire when acting

as a PIC , and would also require a second class medical certificate . Finally, DMH requests exemption from 14 C.F.R. § 315(a)

, which provides that the holder of a sport pilot certificate may only act as a PIC of a light

- sport aircraft. The purpose of these requirements is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo

for hire. In this cas e, while the UAS will be operated as part of a commercial operation, it carriers neither passengers nor cargo.

Equivalent Level of Safety

– DMH’s petition provides an equivalent level of safety given

that , at a minimum, DMH requires the PIC to hold the pr ivileges of a sport pilot certificate, hold either a medical certificate or valid U.S. Driver’s License, and to demonstrate proficiency in the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this petit ion.

Comparisons between DMH’s commercial operations and other businesses operating traditional fixed wing or rotorcraft aircraft expose the unnecessary limitations placed upon sport, recreational, and private certificated pilots when considering PIC pri vileges of commercial UAS flight operations. Requiring that a pilot of traditional fixed wing and rotorcraft aircraft hold commercial and Airline Transport Pilot (ATP) ratings ensures that the pilot possess es the

necessary skills, training and experience to safely transport persons and/or cargo from point of departure to intended point of destination

. Given the significant difference in operations, t he same requirement s should not apply to UAS pilots. For example , in regard to DMH’s UASMarlene H. Dortch

March 3 , 2016 Page 4 of 10

operations, no pe rsons or third

- party cargo will be transported by the UAS during DMH’s aerial

based commercial operations. Moreover, u nlike traditional fixed wing or rotorcraft aircraft, which must be capable of traveling a greater distance over a larger geographic area

, and transport persons from point of departure to intended point of destination, DMH’s UAS will only fly a

short distance over a small geographic area for which it has received permission to fly. In short,

the UAS will not be required to depart from one l ocation and travel over the properties of disinterested parties to fulfill the purpose of the flight operations. Accordingly, the risk of injury to disinterested parties is substantially decreased by use of the UAS for aerial

- based commercial operations. Consequently, allowing the UAS PIC to hold, at a minimum, a sport pilot certificate provides an equivalent level of safety to the requi rement that a commercial or ATP

- rated pilot transport persons and/or cargo for hire in manned aircraft because the sport pilot certificate holder will have the necessary understanding of aeronautical principles, regulations, and airspace to effectuate a safe commercial UAS flight.

● 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

– Because there will be no

airworthiness certificates issued for UAS s, DMH requests an exemption from 14 C.F.R. § 91.7(a), which requires a civil aircraft to be in airworthy condition. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable

. See Exemption No. 11062 (FAA

- 2014

- 0352)

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

– DMH requests an exemption from the minimum safe altitude requirements of 14 C.F.R . § 91.119(c). Section 91.119(c) prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated “without hazard to persons or property on the surface,” provided that “each person operating the helicopter complies with any routes or altitudes specifically prescribed by the

FAA.”

An exemption is required because the proposed UAS operations will normally need to occur below 400 feet AGL. In circumstances where the UAS is used to inspect a structure with a height that exceeds 400 feet AGL, the UAS will not be operate d more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due to the nature of the proposed operations, the PIC and visual observer(s) may need to be less than 500 feet away from the UAS

.

Equivalent Level of Safety

– Compared to flight operations with rotorcraft aircraft weighing far more than the maximum weights of the proposed UAS , and given the lack of

flammable liquid fuel on the UAS, any risk associated with such operations is significantly less than currently exist using conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS , as well as because of the controlled location where operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a structure whose height exceeds 400Marlene H. Dortch

March 3 , 2016 Page 5 of 10

feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the

structure.

DMH’s UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris emanating from a

UAS failure. Flights will be terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Moreover, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and operations near

the PIC or o bserve operating will not present an undue hazard pursuant to 14 C.F.R. § 91.119(a). Adherence to these restrictions will ensure operations can be conducted without compromising safety.

● 14 C.F.R. § 91.121: Altimeter Settings

– DMH seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or to barometric pressure. An exemption is required to the extent that the UAS does not have a barometric altimeter, but instead has a GPS readout.

Equivalent Level of Safety

– The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances whe re: (1) the UASs will be operated below 400 feet AGL or below, (2) within visual line of sight ( VLOS ) , (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

screen display, and (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. See Exemption No. 11062 to Astraeus Aerial (Docket No. FAA

- 2014

- 0352).

The UAS proposed for commercial operations will meet all these operational

charact eristics. Moreover, DMH will require the PIC to calibrate the aircraft’s GPS compass prior to each flight operation. DMH’s procedures along with the conditions that will be imposed in the grant of exemption will ensure that an equivalent level of safety will be achieved.

● 14 C.F.R. § 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

– DMH requests an exemption from 14 C.F.R. § 91.151(a)(1)’s fuel requirements for flight in visual flight rule ( VFR ) conditions. Section 91.151(a)(1) provides that no person may begin a flight in an airplane under VFR conditions with less than 30 minutes of reserve fuel. Given the

limitations on UAS battery power, no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. Therefore, an exemption from the fuel requirements of this rule provision is required.

Equivalent Level of Safety

– The FAA previously determined that an equivalent level of safety to the fuel requirements f or flight in VFR conditions could be achieved by prohibiting theMarlene H. Dortch

March 3 , 2016 Page 6 of 10

PIC from beginning a UAS flight unless (considering wind and forecasted weather conditions) there was enough power to fly to the first intended point of landing and

, assuming normal cruising speed, to fly after that for 10 minutes. See Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10). In reaching that conclusion, the FAA considered that the UAS battery provided approximately 20 minutes of powered flight (with payload) and provide d information

to the PIC on battery level and battery time remaining in minutes and seconds. The FAA also considered the fact that the UAS operating procedures require the PIC to start every flight with a fully charged battery in the aerial vehicle, and t hat in the event the UAS should run low on power, the PIC will be alerted and can land the UAS as soon as possible.

I n another grant of exemption, the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UAS unless (considering wind and forecasted weather conditions), there was enough power to fly at normal cruising speed to fly at normal cruising speed to the intended landing point and land the UA with 25% batter y power remaining. See Exemption No.

11161 to Alan Purwin.

Given the design and technology of the proposed UAS , DMH will have access to all relevant information concerning the UAS battery life. The UAS includes a low batt ery warning system and the amount of reserve battery power remaining is transmitted to the PIC via telemetric data feed, which downlinks from the UAS to a ground

- based on

- screen display. As required by the DMH operating procedures, the PIC will promptly f ly the UAS back to the home launch location or pre

- determined abort location where the UAS may safely land, while still maintaining a minimum of 25% reserve battery power. This ensures t he PIC will be able to

make an accurate determination as to whether t he PIC can comply with the fuel requirements for each flight.

Accordingly, DMH submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be

conducted within a secure, isolated area, using an UAS weighing less than 55 pounds, and within the VLOS of the PIC and observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to that provided by the regulations from whi ch exemption is sought.

● 14 C.F.R. § 91.405(a): Maintenance Required; 14 C.F.R. § 91.407(a)(1): Operation After Maintenance, Preventative Maintenance, Rebuilding, Or Alteration; 1 4 C.F.R. § § 91.409(a)(1) and (2): Inspections; 14 C.F.R. § 91.417(a) and (b) : Maintenance

Records

DMH requests exemption from 14 C.F.R. § 91.405(a), which requires the owner or operator of an aircraft to have the aircraft inspected pursuant to 14 C.F.R. § 91.407(a)(1). DMH also requests exemption from 14 C.F.R. § 91.407(a)(1), which provides that no pe rson may operate any aircraft having undergone preventative maintenance unless approved for return to service by a person authorized under 14 C.F.R. § 43.7. Moreover, DMH seek s exemption of 14Marlene H. Dortch

March 3 , 2016 Page 7 of 10

C.F.R. § 91.409(a)(1) and (2), which provides that no person m ay operate an aircraft within the preceding 12 calendar months unless an annual inspection has been performed. Finally, DMH seeks an exemption of 14 C.F.R. § 91.417(a) and (b) , which provides for the recording of an

aircraft’s maintenance if the aircraft holds an airworthiness certificate.

Due to the nature of an UAS , compliance with certain maintenance requirements in the provisions listed above are either impossible to perform or cost prohibitive to implement when applied to a UAS

.

Equivalent Level of Safety

– DMH operating procedures require compliance with the component manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the components subject to the above provisions. DMH should be exempt from these requ irements because DMH’s operating procedures provide an equivalent level of safety.

4

. Proposed Operations

Petitioner DMH seeks an exemption to allow commercial operations of its DJI Inspire 1 Unmanned Aerial Vehicle (“UAV”) for the purpose of conductin g low altitude aerial photography and videography for promotional, safety inspection, entertainment, marketing, and filming in television operations purposes , so long as such operations are conducted within and

under the conditions outlined herein or as ma y be established by the FAA in an exemption

.

All UAS operations will occur under tightly controlled conditions on private property where DMH has received permission to operate from the landowner, controller, or authorized representative ( s )

. As set forth herein, DMH’s proposed operations provide a superior level of safety and quality compared to performing the same operations using conventional manned aircraft or helicopters.

The proposed UAS operations will be conducted in accordance with the conditions and limitations set forth in the Grants of Similar Exceptions and in accordance with the following DMH standard operating procedures:

a. All UAS operations will be conducted during daylight hours

.

b. Flights will be operated in the VLOS of the PIC th ereby keeping the unmanned

aircraft in visual

- line

- of

- sight at all times

.

c. Flights will be terminated if and when weather and wind conditions deteriorate to the condition of unsafe for flight based on the manufacturer’s limitations.

d. The UAS will weigh less than 55 pounds.

e. Flights will be operated at less than 400 feet above ground level (AGL).Marlene H. Dortch

March 3 , 2016 Page 8 of 10

f. The UAS PIC will perform a check of the flight area to ensure the safety of all persons in the area.

g. Consent will be obtained from all persons within the data collection capabilities to ensure their privacy.

h. All required FAA clearances will be obtained and distances from airports will be strictly adhered to.

i. Flights will only operate in VFR conditions.

j. UAS controllers will display range and remaining battery power.

k. P reflight checks will be completed prior to each flight.

l. All routine inspections and maintenance will be performed in accordance with the manufacturer’s specifications.

In order to conduct filming in television o perations, DMH agrees to comply with the following conditions and limitations:

a. DMH will develop a motion picture and television flight operations manual (MPTOM).

b. At least 3 days before aerial filming, the operator of the UAS will submit a

writte n Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities will include

at least the followi ng: (1) Dates and times for all flights; (2) Name and phone number of the operator for the UAS aerial filming conducted under the grant of exemption; (3) Name and phone number of the person responsible for the on

- scene operation of the UAS; (4) Make, model, and serial or N

- Number of the UAS to be used; (5) Name and certificate number of the UAS PIC ( s ) involved in aerial filming; (6) A statement that the operator has obtained permission from property

owners and/or local officials to conduct the film ing production event; the list of those who gave permission will be made available to the inspector on request; (7) Signature of the exemption holder or representative; and (8) 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.Marlene H. Dortch

March 3 , 2016 Page 9 of 10

c. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the MPTOM.

5

. Proposed UAS

DMH seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Inspire 1 for the proposed operations. The DJ I Inspire 1 is a lightweight UAS with a 7.5 lb.

gr oss weight, including payload , to be used with a 3 person ground team consisting of (i) a qualified PIC controlling the UAS ; (ii) a V isual O bserver (VO) providing additional safety; and (iii) a gimba l/ camera operator using a separate control from the PIC t o control the camera only.

6

. National Security

Given the small size of the UAS, the load carrying capacity, the speed at which it operates, the fact that the UAS will carry no explosives or other dangerous materials, the restricted areas within which it will operate, and the fact that it will be flown by a pilot holding at least a FAA private pilot license, no national security issues are presented.

7

. Increased Safety and Public Interest

The UAS will operate under normal conditions at a speed of no more than 50 knots and have the capability to h over and move in the vertical and horizontal plane simultaneously. The

UAS will operate at altitudes of no more than 400 feet and only in visual line of sight. DMH

therefore believes that using the UAS will be safer than a full scale helicopter , which is traditionally u sed for the types of commercial uses proposed in this petition. The UAS light gross weight, battery operation ( i.e., lack of combustible fuels), maneuverability, limitations to flights under 400 feet AGL

, and operation without persons on b oard all increase the overall level of safety to users of the National Airspace System and the p ublic.

The proposed UAS operations also significantly improve the safety of and reduces the risk of serious injury to engineers , photographers, and videographers. Traditional methods of capturing important video and photographs for certain projects place persons at heightened risk

of physical harm, serious injury, or death. The use of a small UAS can eliminate these hazards

and ultimately provide a much safer method of conducting aerial photography and videography for certain projects and tasks.

Using a small UAS will also enhance safety and reduce risk because, unlike manned

aircraft that weigh thousands of pounds and carry crew in additi on to flammable fuel, the UAS carries no passengers or crew. In addition, in the unlikely event of an accident, the small, battery

- powered UAS presents significantly less danger to persons on the ground compared to operations using conventional manned air craft. Because DMH’s UAS is battery

- powered, theMarlene H. Dortch

March 3 , 2016 Page 10 of 10

public will also benefit from a reduction in harmful emissions associated with conventional aircraft performing the same functions proposed in this petition. Finally, as recognized by the FAA in prior gran ts of exemption to videographers and filmmakers, the UAS provides an additional tool for the aerial photography and filming industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft.

Given the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reductions in environmental impacts, including reduced emissions associated with aircraft/rotorcraft and operations with p ilots having at least a private pilot license, grant of the petition is in the public interest.

8

. Compliance with FAA Rules and Regulations

In addition to following all applicable FAA Rules and Restrictions, and any conditions

and limitations set forth in the potential Section 333 Exemption DMH granted under this Petition, DMH intends to follow the development of new laws and regulations and continually keep up with changes.

9

. Privacy

All of DMH’s operations will be conducted in accordance with ap plicable federal, state,

and local laws regarding privacy. All operations shall be conducted over private or controlled

access area or property with permission from the land owner/controller or authorized representative. Permission from the land owner/co ntroller or authorized representative will be obtained for each flight to be completed.

10

. Conclusion

DMH’s petition satisfies the criteria articulated in Section 3 3 3 of the Reform Act. The proposed UAS operations will benefit the public by improving safety and reducing risk by alleviating human exposure to danger, and therefore provides the FAA with more than adequate justification for granting the requested exempti on. Accordingly, DMH respectfully requests prompt consideration and grant of this petition for exemption.

Sincerely,

/s/ Robert Todd Dean

__ Randall W. Sifers

Robert Todd Dean Counsel to Denali Media Holdings

Production Manager rsifers@hwglaw.com Denali Media Holdings Tel: (202) 730

- 1307