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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 11 of the 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 Reform 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 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 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, and 12645 (the “Similar Exemptions”). As this exemption request is 

similar to the relief requested in the grants 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 grants 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 “. . . establish 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

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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), 61.101(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), to the extent 

necessary to allow petitioner to operate a UAS to conduct aerial photography and videography

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 herein.

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 from 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 requirement 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 certificate 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 flammable liquid fuels, and 

operates exclusively within a designated 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 requirements 
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March 3, 2016

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provide a greater degree 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 posed 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 Requirement 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 for 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 case, 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 privileges 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 petition. 

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 privileges 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 possesses 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, the 

same requirements should not apply to UAS pilots. For example, in regard to DMH’s UAS 
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operations, no persons or third-party cargo will be transported by the UAS during DMH’s aerialbased commercial operations. Moreover, unlike 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 location 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 requirement 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 UASs, 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 operated 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 400 
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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 observe 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 where: (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 onscreen 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 

characteristics. 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 for flight in VFR conditions could be achieved by prohibiting the 
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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 provided 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 that in the event the UAS should run low on 

power, the PIC will be alerted and can land the UAS as soon as possible. 

In 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% battery 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 battery 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 fly 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 the PIC will be able to 

make an accurate determination as to whether the 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 which 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; 14 

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 person 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 seeks exemption of 14 
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C.F.R. § 91.409(a)(1) and (2), which provides that no person may 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 requirements 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 conducting 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 may 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 thereby 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).
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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. Preflight 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 operations, 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 

written 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 following:

(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 filming 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. 
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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 DJI Inspire 1 is a lightweight UAS with a 7.5 lb. 

gross weight, including payload, to be used with a 3 person ground team consisting of (i) a 

qualified PIC controlling the UAS; (ii) a Visual Observer (VO) providing additional safety; and 

(iii) a gimbal/camera operator using a separate control from the PIC to 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 hover 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 used 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 board all increase the overall level 

of safety to users of the National Airspace System and the public. 

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 addition 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 aircraft. Because DMH’s UAS is battery-powered, the 
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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 grants 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 pilots 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 applicable federal, state, 

and local laws regarding privacy. All operations shall be conducted over private or controlledaccess area or property with permission from the land owner/controller or authorized 

representative. Permission from the land owner/controller or authorized representative will be 

obtained for each flight to be completed.

10. Conclusion

DMH’s petition satisfies the criteria articulated in Section 333 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 exemption. 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