Before the

FEDERAL	AVIATION	ADMINISTRATION Washington, DC 20591

In the Matter of ) ) Alaska Dispatch News, LLC )

dba Alaska Dispatch News ) Docket No. ____ Anchorage, Alaska ) )

ALASKA	DISPATCH	NEWS

PETITION	FOR	EXEMPTION

SUM MARY	GRANT	REQUESTED

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, Anchorage Daily News, LLC dba Alaska Dispatch News (“ADN”) respectfully requests an exemption from the Federal Aviation

Administra tion (“FAA”) Regulations listed in Section III 1 to permit commercial aerial photography, cinematography, videography, and other flight operations to support newsgathering using unmanned aircraft systems (“UAS”).

Under Section 333 of the FMRA and 14 C.F.R. Part 11, the FAA may grant exemptions to permit commercial UAS operations that will be conducted within the conditions outlined herein or as may be established by the FAA as required by Section 333. The FAA recently used this authority to authorize sUAS f or newsgathering, the same relief requested herein, pursuant to summary grant procedures. 2 ADN respectfully requests a similar summary grant f or the reasons set forth below.

ADN seeks authority to commercially operate a variety of sUAS weighing less

than 55 pounds including payload for the purpose of acquiring aerial data. Specifically, ADN is contemplating operating the DJI Phantom 3 Professional, DJI Phantom 3

Advanced , DJI Phantom 2, DJI Phantom 2 Vision+, DJI Inspire 1, DJI Flame W heel F450, DJI Flame Wheel F550, DJI S800, DJI S1000, DJI S900, DJI S1000+, 3D Robotics X8, 3d Robotics Solo, 3D Robotics Aero

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, and additional aircraft detailed in Appendix I, all of which have been previously approved by the FAA in past grants of exemptions, 3 for newsgathering and to limit operat ions to less than 60 miles per hour and

1 See	infra Section III.

2 See,	e.g. Exemption No. 11408, ArrowData, LLC, Docket No. FCC

- 2015

- 0131 (Apr. 22, 2015); Exemption No. 13286, KFI Radio, Docket No. FAA

- 2015

- 3283 (Oct. 22, 2015); Exemption No. 12512, Koplar Communications, LLC, Docket No. FAA

- 2015

- 1577 (Aug. 19, 2015); Exemption No. 12901, Cox Media Group, LLC, Docket No. FAA

- 2015

- 2672 (Sep. 17, 2015)

. 3 See,	e.g. , Exemption No. 11481 (granting an ex emption for the DJI Phantom 3 Professi onal and DJI

Phantom 3 Advanced ); Exemption No. 11153, Burnz Eye View, Inc., Docket No. FAA

- 2014

- 05819 (granting a Section 333 exemption for the DJI Phantom 2); Exemption No. 11153A, Burnz Eye View, Inc. (amending Exem ption No. 11153 and granting a Section 333 exemption for the DJI Inspire); Exemption No. 12668, Alaska Aerial Services, Docket No. FAA

- 2015

- 1202 (granting a Section 333 exemption for 3Daway from airports. In addition, ADN requests that it be granted permission to operate all

other aircraft already approved in previous Section 333 exemptions

.

The contact in formation for the applicant is:

Loren Holmes Anchorage Daily News, LLC dba Alaska Dispatch News

300 W. 31 st Ave Anchorage, AK 99503

Tel: 907

- 257

- 4 331

I. ADN’s	Proposed	Operations

ADN seeks authority to utilize a small UAS (“sUAS”) previously authorized by the FAA, specifically the DJI Phantom 3 Pro fessional, DJI Phantom 3 Advanced , DJI Phantom 2, DJI Phantom 2 Vision+, DJI Inspire 1, DJI Flame Wheel F450, DJI Flame Wheel F550, DJI S800, DJI S1000, DJI S1000+, DJI S900, 3D Robotics X8, 3D Robotics Solo, 3D Robotics Aero

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, and additional aircraft lis ted in Appendix I, within

the confines of the “blanket” 200

- foot COA, 4 previously granted conditions and limitations, 5 and the following safety criteria:

• Automatic termination of flight and immediate landing when the battery reaches a predetermined low s tate;

• Integrated global positioning system (“GPS”);

• Failsafe modes of operation for either loss of radio control or GPS signal;

• A flight controller that will warn the pilot before reaching a low battery state;

• Firmware that includes a no fly zone f eature to prevent accidental operation of the device in restricted airspace; and

• A top speed of less than 6 0 MPH.

Robotics X8 and 3D Robotics Aero

- M); Exemption No. 11671, McKenna Long & Aldridge LLP, Docket

No. FAA

- 2015

- 0648 (granting a Section 333 exemption for DJI S1000+) ; Exemption No. 12646, Measure, a 32 Advisors Company, LLC, Docket No. FAA

- 2015

- 1602 (granting a Section 333 exemption for 3d

Robotics Solo and many additional oth er aircraft)

. 4 The blanket COA requires sUAS operations to be at or below 200 feet, utilize an UAS weigh less than 55 pounds, operate during daytime Visual Flight Rules (“VFR”) conditions, operate within visual line of sight (“VLOS”) of the pilo ts, and stay certain distances away from airports or heliports. FAA, FAA Streamlines UAS COAs for Section 333 (Mar. 24, 2015), http://www.faa.gov/news/updates/?newsId=82245

. 5 Specifically, ADN agrees to the conditions and limitations of Exemption No. 1121 3, Aeryon Labs, Inc.,

Docket No. FAA

- 2014

- 0642, to the extent the conditions and limitations are more permissive than the

blanket COA.All sUAS Pilots in Command (“PICs”) acting as an employee or agent of ADN for its sUAS operations will have at least a recreational or spo rt certificate from the FAA and a valid driver’s license (or appropriate medical certificate) with additional experience in unmanned aircraft operations. 6 The team composition will consist of a minimum of one pilot and one Visual Observer (“VO”) during all operations, giving redundancy to the

human element as well. Pilots will be well trained in areas of both normal and abnormal operations equipped with checklists and operations and maintenance manuals to be able to contend with any scenario.

II.	An	Exem ption	Will	Advance	the	Public	Interest

A. ADN Has Sufficient	Experience	to	Conduct	Safe	sUAS	Operations

ADN has successfully and safely used helicopters and fixed

- wing aircraft to deliver breaking news and enterprise news coverage to the public for many y ears , in the challenging Alaska environment

.

B.	ADN’s Proposed UAS Operations Are in the Public Interest and Would Not Adversely	Affect	Safety

The public interest weighs heavily in favor of granting an exemption for aerial photography and videography f or newsgathering to ADN. Recently, the FAA granted a

number of request s for newsgathering via UAS. 7

ADN believes that, like in previous decisions, “the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petit ioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public in terest.” 8 Just as the FAA has “found that UAS provide an additional tool for the filmmaking industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft,” the FAA should find that further photograp hy and videography operations provide a similarly safe, additional tool which is in public interest. 9 Similar to movies and videography, each news assignment may require a completely different shot or view of a scene. With budgets for traditional helicopte r and fixed

- wing aircraft use being greatly reduced, the UAS is the perfect solution to allow for easy newsgathering for a fraction of the cost. ADN intends to utilize the operations described in this petition to develop further safe techniques for UAS pho tography and videography.

III.The	Extent	of	Relief	ADN	Seeks	and the	Reason	It	Seeks	Such	Relief

6 See	“ FAA Summary Grants Speed UAS Exemptions,” avail. at: https://www.faa.gov/news/updates/?newsId=82485

. 7 See,	e.g. E xemption No. 11408, Exemption No. 13286, Exemption No. 12512, Exemption No. 12901

. 8 Exemption	No.	11407	at	2	to	UAV

- IQ	LLC	(Apr.	22,	2015)	(citing	Exemption	Nos.	11062,	11109, 11112,	and	11213).

9 Id.A. The	FAA	Possess	the	Statutory	Authority	to	Grant	This	Exemption

The FAA has general authority to grant exemptions from FAA safety regulations

and minimum standards after making a determination that such exemptions are in the public interest

. 10 Moreover, the FAA may grant the regulatory relief ADN seeks under Section 333 of the FMRA and Part 11 of the FAA’s rules. Under Section 333, the FAA may allow “certain unmanned aircraft systems” to “operate safely in the national airspace system before completion” of the rulemaking to allow UAS generally into the NAS

. 11
The FMRA identifies key criteria to guide the analysis of exemption requests such as “size, weight, sp eed, operational capability, proximity to airports and populated areas,” and the risk to national security, among others. 12 Thus, “[i]f the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the

national air space system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.” 13

B.	Granting Relief From Certain Regulations Will Not Adversely Affect

Public Safety

ADN specifically requests exe mption from the following regulations to the extent necessary to allow ADN to operate UAS for the purpose of its operations: 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, 91.121, 91.151(a)(1), 91.405(a), 91.407 (a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). As a general matter, ADN’s operations will provide an equivalent level of safety during its operations. Unlike a manned helicopter, the sUAS being employed is lightweight, has

no flammable fuel or other lubricants, operates at very slow speeds, and stays well below any conflicting air traffic thereby providing, an equivalent level of safety when compared to currently employed manned aircraft.

The proposed sUAS to be employed is less than 55 lbs. when o utfitted with all equipment and batteries. There are no flammable liquids or other hazardous materials that would propose a danger to the public or event participants. Accordingly, no threat to national security exists. All activities will be closely monit ored by a team of aviation professionals and use a system with redundancies in all areas. The equivalent level of safety will be achieved through the employment of flight manual and maintenance manual procedures, pilot training, and analytical risk managem ent.

As a threshold matter, ADN requests that the FAA determine that its proposed operations are similar to other grants for videography and photography and that the proposed operations meet the conditions of Section 333. 14 Therefore, ADN need not

request , nor the FAA grant, relief of part 21, Certification	procedures	for	products	and

10 49 U.S.C. § 40109(b).

11 FMRA § 333, 126 Stat. 11, 75 (2012).

12 Id.

13 Id.

14 See,	e.g. , Exemption No. 11213.parts,	Subpart	H

— Airworthiness	Certificates , and related noise certification and testing requirements of part 36. Likewise, following current practice, ADN believes that it i s not necessary to request relief from (i) 14 C.F.R. § 45.23(b), Display	of	marks:	general

, because ADN agrees that its UAS will be identified by serial number, registered in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as large as practi cable per § 45.29(f).

1. 14	C.F.R.	§	61.23(a)	and	(c),	Medical	certificates:	Requirement

and	duration

In accordance with recently announced FAA policies, 15 ADN requests an exemption from 14 C.F.R. § 61.23(a) and (c), which requires PICs for certain operati ons to hold FAA

- issued medical certificates or, for a smaller subset of operations, a valid U.S. driver’s license. ADN’s operators and VOs hold valid U.S. driver’s licenses, but may not hold FAA

- issued medical certificates. Therefore, it may not be able t o comply with this regulation and requests an exemption. Because of the risk mitigations established in the conditions and limitations of the requested exemption, ADN believes that its PICs and VOs holding a U.S.

- issued driver’s license will not adversely affect safety.

2.	14	C.F.R.	§§	61.101(e)(4)	and	(5),	Recreational	pilot	privileges	and limitations;	61.113	(a)	and	(b),	Private	pilot	privileges	and	limitations:	Pilot	in command;	61.315(a),	What	are	the	privileges	and	limits	of	my	sport	pilot

certificat e?

A DN requests exemptions from 14 C.F.R. §§ 61.101(e)(4) and (5); 61.113 (a) and (b); and 61.315(a) which prohibits individuals holding sport, recreational, or private pilot certificates from acting as the PIC of an aircraft that is carrying passengers or property for compensation or hire. As recognized by previous exemptions and recent FAA policy changes, individuals with sport, recreational, and private pilot certifications can and do operate sUAS safely. 16

3.	14	C.F.R.	§	91.7(a),	Civil	aircraft	airw orthiness

A DN requests an exemption from the civil aircraft worthiness requirement under 91.7(a). As discussed above, Section 333 permits the FAA to exempt aircraft from the requirements of an airworthiness certificate upon consideration of the size, we ight, speed, operational capability, and proximity to airports and populated areas of the identified sUAS, and the FAA has determined that such certificates are not necessary for UAS.

15 FAA, FAA Summary Grants Speed Exemptions (Apr. 9 2015), https://www.faa.gov/news/updates/?newsId=82485 (“A third class medical certificate is no longer required. Now, a Section 333 operator only need s a valid driver’s license to satisfy the medical requirement.”).

16 Following the example of Exemption No. 11213, ADN believes similar relief from § 61.315(c)(2) and (3) is not necessary. However, should the FAA reach an opposite conclusion, ADN also reque sts relief from § 61.315(c)(2) and (3) to enable for compensation and hire operations by individuals holding sport pilot certificates.Without such a certificate, ADN will be unable to comply with § 91.7(a). However, the FAA “has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The FAA’s regulations state that the PIC of a civil aircraft is responsible for determining whether the aircraft is in a condition for safe flight.” 17 ADN requests the FAA make such a determination here. In addition, ADN urges the FAA to again find that relief from § 91.7(b) is not necessary. 18

4.	14	C.F.R.	91.119,	Minimum	safe	altitudes

ADN requests an exemption from 14 C.F.R. § 91.119 which provides for a minimum safe altitude requirement under which aircraft may operate. ADN’s sUAS will operate below 400 AGL, and therefore below the required “minimum safe altitudes.” 19
Just operating at the low propo sed heights limits overall risk. The current altitude and/or

horizontal restrictions on rotorcraft assume a much heavier manned aircraft loaded with fuel and possible external stores. Furthermore, by operating at such lower altitudes, the

sUAS will not int erfere with aircraft that are subject to the minimum safe altitude

reg ulations. ADN proposes to use a sUAS previously authorized by the FAA and all of these devices have a successful safety record. This record demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments. The lightweight sUAS being proposed for use in this activity along with its precise guidance and redundant systems create an entirely different paradigm that should be considered by regulatory bod ies. The activities being proposed by this petitioner are in a very controlled and open area. ADN intends to conduct extensive training with its operators.

5.	14	C.F.R.	§	91.121,	Altimeter	settings

ADN requests an exemption from 14 C.F.R. § 91.121, whi ch 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 barometric pressure. An exemption is required because the sUAS ultimately deploye d may not have a barometric altimeter, but rather incorporates radio altimetry via the onboard GPS. An equivalent level of safety will be achieved through use of the operations and maintenance manuals governing altitude control. ADN will confirm the altitu de of the launch site shown on the GPS altitude indicator before flight. The PIC will use the GPS altitude indicator to continuously monitor the sUAS’s height, thus ensuring operation at safe altitudes.

6.	14	C.F.R.	§	91.151(b),	Fuel	requirements	for	fl ight	in	VFR	conditions

ADN requests an exemption from 14 C.F.R. § 91.151(b), which restricts the operations of rotorcrafts under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of in tended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

17 Exemption No. 11213 at 11.

18 Id.

19 See,	e.g.

, id. at 11

- 12 (exempting petitioner from 91.119(c)).The batteries that power the sUAS ADN intends to use will have a mission life of

less than one hour. For example, t he DJI Phantom 3 Professional and DJI Phanto m 3 Advanced have maximum flight times of approximately 23 minutes. The DJI Phantom 2 has a maximum flight time of 25 minutes with a fully charged battery, and the DJI Inspire 1 has a maximum flight time of approximately 18 minutes. Given the limited batte ry life and low maximum speeds, ADN urges an exemption from the 20 minute reserve requirement. The Commission has granted exemptions from this requirement to permit use of the aforementioned sUAS models with a five minute battery reserve requirement. 20

ADN requests similar treatment.

7.	14	C.F.R.	§§	91.405(a),	91.407(a)(1)	and	(2);	91.409(a)(2);	and	91.417(a) and	(b),	Maintenance	Inspections

ADN requests an exemption from 14 C.F.R. §§ 91.405(a), 91.407(a)(1) and (2); 91.409(a)(2); and 91.417(a) and (b) w hich specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the sUAS will not have.

Al l maintenance and inspections will be conducted in accordance with the Operations Manual for the sUAS selected by ADN for photography and videography. The proposed operations will allow for an almost immediate safe recovery and landing if

a malfunction occ urs, providing a comfortable operating envelope and ensuring an equivalent level of safety. ADN’s sUAS operations will achieve an equivalent level of safety through maintenance and inspections performed in accordance with the sUAS Operations Manual. As pro vided in the operations manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 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.

IV.	Summary	for	Publication	in	the	Federal	Register

Pursuant to 14 C.F.R. § 11.81, the following summary may be published in the Federal Register :

Applicant seeks relief from the following rules: 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, 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

Anchorage Daily N ews , LLC dba Alaska Dispatch News requests an exemption from the above rules to undertake commercial videography and aerial photography operations utilizing unmanned aircraft systems (“UAS”) and conduct tests regarding such

20 See,	e.g., Exemptio n No. 11481 to Explosives Risk Managers LLC, Docket No. FAA

– 2015

– 0217 at 5 (May 1, 2015).operations. These operations wil l use highly dependable, multi

- redundant UAS away from population centers subject to tight controls, risk management, and best practice mitigation strategies to ensure public safety. ADN will operate under the stricter of the

conditions and limitations set forth in the blanket COA and Exemption No. 11213 to Aeryon Labs Inc. The operations, including the attendant extensive safety measures, will provide a satisfactory level of safety to the FAA and public.

V	.	Conclusion

For the reasons set forth above, the FAA should grant the requested exemption in full and enable the proposed exciting and safe UAS operations.

October 30 , 2015

Respectfully submitted, ANCHORAGE DAILY NEWS, LLC

dba ALASKA DISPATCH NEWS By

Loren Holmes

Multimedia Editor Anchorage Daily News, LLC dba Alaska Dispatch News

300 W 31 st Ave Anchorage, AK 99503

Tel: 907

- 257

- 4 331

Enclosure: Appendix I