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

SUMMARY	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 

Administration (“FAA”) Regulations listed in Section III1 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 for newsgathering, the 

same relief requested herein, pursuant to summary grant procedures.2 ADN respectfully 

requests a similar summary grant for 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 Wheel 

F450, DJI Flame Wheel F550, DJI S800, DJI S1000, DJI S900, DJI S1000+, 3D 

Robotics X8, 3d Robotics Solo, 3D Robotics Aero-M, 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 operations 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 exemption for the DJI Phantom 3 Professional 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 Exemption 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 3D 
away 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 information for the applicant is:

Loren Holmes

Anchorage Daily News, LLC 

dba Alaska Dispatch News

300 W. 31st Ave

Anchorage, AK 99503

Tel: 907-257-4331

I. ADN’s	Proposed	Operations	

ADN seeks authority to utilize a small UAS (“sUAS”) previously authorized by the 

FAA, specifically the DJI Phantom 3 Professional, 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-M, and additional aircraft listed 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 state; 

• 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 feature to prevent accidental operation of the 

device in restricted airspace; and 

• A top speed of less than 60 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 other 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 pilots, 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. 11213, 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 sport 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	Exemption	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 years, 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 for newsgathering to ADN. Recently, the FAA granted a 

number of requests 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 petitioner 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 interest.”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 photography 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 helicopter 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 photography 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.	Exemption 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, speed, 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 airspace 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 exemption 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 outfitted 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 monitored 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 management. 

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 is 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 practicable 

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 operations 

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 to 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	

certificate?	

ADN 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	airworthiness	

ADN 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, weight, 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 needs 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 requests 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 proposed 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 interfere with aircraft that are subject to the minimum safe altitude 

regulations. 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 bodies. 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, 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 barometric pressure. An 

exemption is required because the sUAS ultimately deployed 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 altitude 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	flight	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 intended 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, the DJI Phantom 3 Professional and DJI Phantom 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 battery 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) which 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. 

All 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 occurs, 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 provided 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 News, 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.,	Exemption No. 11481 to Explosives Risk Managers LLC, Docket No. FAA–2015–0217 at 5 

(May 1, 2015).
operations. These operations will 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 31st Ave

Anchorage, AK 99503

Tel: 907-257-4331

Enclosure:

Appendix I