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Mark E. McKinnon

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Lisa M. Ellman

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Matthew J. Clark

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lellman@mckennalong.com

mclark@mckennalong.com

May 11, 2015

To Whom it May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform 

Act) and 14 C.F.R. Part 11, Cable News Network, Inc. (CNN), hereby applies for an exemption 

from the Federal Aviation Regulations (FARs) identified below, to operate small unmanned 

aerial vehicles (i.e., small unmanned aircraft systems or UAS) for aerial data collection. The 

data will be used in support of CNN’s newsgathering and reporting activities. CNN respectfully 

submits that this Petition for Exemption qualifies for approval, as the Federal Aviation 

Administration (FAA) has previously issued grants of exemption in circumstances similar in all 

material respects to those presented herein. 

In addition to this Petition for Exemption, CNN will also submit the following supporting 

documents (hereinafter referred to as “operating documents”):

 CNN UAS Operations Manual

 3DR Solo Aircraft Description and 

Operations Manual

 Drone Aviation Corp. Watt 200 ETAP 

Manual

CNN submits these materials as confidential documents under separate cover pursuant to 

14 C.F.R. § 11.35(b), as the materials contain confidential commercial and proprietary 

information that CNN has not and will not share with others. The information contained in these 

documents is not generally available to the public and is protected from release under the 

Freedom of Information Act, 5 U.S.C. § 552 et seq.

For your convenience, this Petition is organized as follows:

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Cable News Network, Inc. (CNN) for Grant of Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012
U.S. Department of Transportation

May 11, 2015

Page 2

I. Background & Description of Petitioner

II. Description of Proposed Operation

III. Relevant Statutory Authority

IV. CNN’s Proposed UAS Operations Meet the Requirements of Section 333 of the Reform 

Act

A. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and Operational 

Capability

B. Approval is Warranted Based on the Operational Restrictions in CNN’s Operating 

Documents

V. Regulations From Which Exemption Is Sought

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and 

Limitations

D. 91.7(a): Civil Aircraft Airworthiness

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

F. 91.103: Preflight Action

G. 91.109(a): Flight Instruction

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

I. 91.121: Altimeter Settings

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
U.S. Department of Transportation

May 11, 2015

Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

CNN Worldwide is a portfolio of two dozen news and information services across cable, 

satellite, radio, wireless devices and the Internet in more than 200 countries and territories 

worldwide. Domestically, CNN reaches more individuals on television, the web and mobile 

devices than any other cable TV news organization in the United States. Internationally, CNN is 

the most widely distributed news channel reaching more than 271 million households abroad. 

CNN Digital is a top network for online news, mobile news and social media. Additionally, 

CNN Newsource is the world’s most extensively utilized news service partnering with hundreds 

of local and international news organizations around the world. CNN is a division of Turner 

Broadcasting System, Inc., a Time Warner Company.

A vital aspect of media production is new and interesting understanding of everyday 

events. Production companies go to considerable effort and expense to place cameras on 

airplanes and helicopters to show audiences a “bird’s eye view” establishing shot. News 

production is no different, and news stations often use helicopters to report on news events. 

While effective in obtaining aerial imagery, manned aircraft are expensive to operate and 

difficult to coordinate on short notice. A UAS can perform these tasks more effectively, and 

with less risk and expense, making it feasible for mobile news vans to be equipped with them 

for on-the-spot aerial coverage. 

CNN recognizes that UAS will have an enormous impact on news production, and for 

that reason, CNN has been actively involved in efforts to evaluate the technology, personnel and 

safety needs to operate UAS effectively in the national airspace system (NAS). CNN and 

researchers at the Georgia Institute of Technology have entered into a joint a Cooperative 

Research and Development Agreement (CRDA) with the FAA to advance integration of UAS 

into the NAS for newsgathering and reporting. The research initiative aims to better understand 

the opportunities UAS present for media organizations, and to explore the access and safety 

issues that need to be addressed as part of any new regulatory framework. Consistent with these 

continuing efforts to develop new and innovative ways for media outlets to safely and effectively 

use UAS, CNN seeks an exemption to operate UAS for aerial data collection in support of its

newsgathering and reporting activities.

In accordance with 14 C.F.R. § 11.81(a), CNN provides the following information in 

support of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Emily Avant, Counsel

Turner Broadcasting System, Inc.

One CNN Center, Suite NT1305B

Atlanta, Georgia 30303

Phone: (404) 827-5962 

Fax: (404) 878-5213 

Email: emily.avant@turner.com
U.S. Department of Transportation

May 11, 2015

Page 4

II. DESCRIPTION OF PROPOSED OPERATION

CNN seeks an exemption pursuant to Section 333 of the Reform Act to use a number of 

different UAS. Most of these UAS have already been approved for commercial use in other 

Grants of Exemption, including the AirRobot AR180, DJI Inspire 1 and DJI Phantom 2 Vision. 

CNN also seeks permission to utilize the 3DR Solo and the Drone Aviation Corporation’s Watt 

200 ETAP. As set forth below, these vehicles meet the criteria established in Section 333 of the 

Reform Act and are suitable platforms for the conduct of aerial photography and videography in 

support of the television, print and online news industry.

CNN is committed to maintaining the highest standards of flight safety, and has 

experience conducting UAS operations abroad. CNN will leverage its knowledge and 

experience to create the safest possible American UAS operation. As part of these overseas 

operations, CNN has a well-defined system of operating procedures and crew standards that are 

incorporated into CNN’s Remotely Piloted Aircraft System (RPAS) Operations Manual. CNN 

has used this RPAS Operations Manual as the core of its American UAS Operations Manual. 

This Manual has been further refined to address the unique aspects of UAS flight in the United 

States. All UAS operations will be performed in accordance with the accompanying CNN 

operating documents, and in accordance with the requirements of an applicable Certificate of 

Waiver or Authorization (COA).

The proposed operations in this Petition for Exemption are not new or novel to the FAA. 

The FAA has previously issued grants of exemption to use small UAS for aerial data collection 

in support of similar newsgathering and reporting activities, including:

 Exemption No. 11406 to Stringer New Services for conducting aerial photography/ 

videography for the television, print and online news industry (See Docket No. FAA2015-0135); and

 Exemption No. 11408 issued to Arrowdata, LLC to conduct electronic news gathering 

(See Docket No. FAA-2015-0131). 

The low-risk UAS operations proposed by CNN in this Petition for Exemption fall 

squarely within the category of aerial data collection that has been subject to previous approval. 

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the 

Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the 

NAS where it is safe to do so based on the following considerations:

 The UAS’s size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and
U.S. Department of Transportation

May 11, 2015

Page 5

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency’s safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and 

§§ 44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption).

IV. CNN’S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

CNN’s proposed operations in this Petition for Exemption qualify for expedited approval 

pursuant to Section 333 of the Reform Act, as each of the statutory criteria and relevant factors 

are satisfied.

A. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and 

Operational Capability

The FAA has already determined that three of the vehicles chosen by CNN meet the 

requirements of Section 333 of the Reform Act: the AirRobot AR180, DJI Inspire 1 and DJI 

Phantom 2 Vision. 

The AirRobot AR180 is a battery operated quadcopter with an airframe weight of 6 lbs 

and a maximum gross takeoff weight of 14 lbs (including battery and payload). The AR180 

measures 75 inches in diameter and has a maximum operating ground speed of 28 mph. The 

UAS uses two separate radio links for command control uplink (200 MHZ to 928 MHZ) and 

video/data downlink (1.2—5.8 Ghz). The FAA previously issued a grant of exemption allowing 

BNSF Railroad Company to operate the AirRobot AR180 for conducting railroad infrastructure 

inspections.1 The FAA’s analysis of the vehicle identified specific characteristics of the 

AirRobot AR180 that warranted its approval: 

“Each of the petitioner’s UA weighs less than 19 pounds. The pilot and crew will 

be remotely located from the aircraft. The limited weight and construction 

reduces the potential for harm to persons or damage to property in the event of an 

incident or accident. The risk to an onboard pilot and crew during an incident or 

accident is eliminated with the use of a UAS for the proposed operation.2”

The FAA also found that the AirRobot AR180’s safety features would provide an equivalent 

level of safety compared to conventional aircraft performing similar functions: 

 

1

Exemption No. 11206 (see FAA Docket No. FAA-2014-0704).

2

Exemption No. 11206 at pg. 4. 
U.S. Department of Transportation

May 11, 2015

Page 6

“The petitioner’s UAS has the capability to operate safely after experiencing 

certain in-flight contingencies or failures and uses an auto-pilot system to 

maintain UAS stability and control. The UAS is also able to respond to a loss of 

GPS or a lost-link event with a pre-coordinated, predictable, automated flight 

maneuver. These safety features provide an equivalent level of safety compared 

to a manned aircraft holding a restricted airworthiness certificate performing a 

similar operation."

3

Similarly, the FAA has previously determined that a grant of exemption is appropriate for 

operations conducted using the DJI Inspire 1 and the DJI Phantom 2 Vision (including the 

Phantom 2 and Vision+ models), due to their size, weight, speed, and operational capability. See

e.g.:

 Exemption No. 11406 to Stringer News Services (DJI Phantom 2 Vision+);

 Exemption No. 11398 to Ventus Wind, LLC (DJI Phantom 2 and DJI Inspire 1);

 Exemption No. 11394 to Cirrus Exploration Company (DJI Phantom 2 Vision+ and DJI 

Inspire 1);

 Exemption No. 11224 to NextEra Energy, Inc. (DJI Phantom 2 Vision+ and DJI 

Inspire 1);

 Exemption No. 11218 to Saratoga Aerial Vehicle (DJI Phantom 2 Vision+);

 Exemption No. 11230 to Montico, Inc. (DJI Phantom 2 Vision+);

 Exemption No. 11228 to Steven Zeets (DJI Phantom 2 and DJI Phantom 2 Vision+).

Specifically, the FAA has found the following characteristics of the DJI Phantom 2

Vision and DJI Inspire 1 to warrant approval for a grant of exemption:

 The DJI Phantom 2 Vision weighs less than 3 lbs (including the battery).

 The DJI Inspire 1 weighs less than 6 lbs (including the battery).

 Maximum flight speed for the DJI Phantom 2 Vision is 15 m/s (29 knots).4

 Maximum flight speed for the DJI Inspire 1 is 22 m/s (~43 knots).

 Both the DJI Inspire 1 and the DJI Phantom 2 Vision have the capability to operate safely 

after experiencing certain in-flight contingencies or failures and use an auto-pilot system 

 

3

Id. at pg. 5.

4

Exemption No. 11195 to FalconSkyCam at pg. 10 (See Docket No. FAA-2014-0884).
U.S. Department of Transportation

May 11, 2015

Page 7

to maintain UAS stability and control. The UAS are also able to respond to a loss of GPS

or a lost-link event with a pre-coordinated, predictable, automated flight maneuver. 

These safety features provide an equivalent level of safety compared to a manned aircraft 

performing a similar operation and mitigate the risk of command and control link 

failures.

5

 The Inspire 1 also has geofencing capabilities to ensure the aircraft remains 

within a defined area of operation.

 Altitude information will be generated by equipment onboard the UAs as specified using 

GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any 

combination thereof. This information will be transmitted to the pilot via telemetric data 

feed.

 The radio frequencies used for operations and control of the UAS comply with the 

Federal Communications Commission (“FCC”) and other appropriate government 

oversight agency requirements. Both UAS operate within the 2.4 GHz frequency band. 

In addition, CNN requests permission to operate two vehicles that have not been subject 

to previous Grants of Exemption: the 3DR Solo and the Drone Aviation Corporation’s Watt 200 

ETAP. These vehicles warrant approval for a grant of exemption.

The 3DR Solo is a battery powered quadcopter with a gross takeoff weight of 3.75 

pounds. The airframe, including rotors, has a span of 26.2 inches. The UAS uses a command 

and control link for telemetry and video operating on 2.4 Ghz with 11 channel hopping to ensure 

reliability. The vehicle has a maximum ground airspeed of 30 knots, with a cruising ground 

speed of 5 knots. In addition, the vehicle includes a number of enhanced safety features, 

including:

 A choice between automatic and manual take-off and landing.

 A sophisticated system of computer assisted navigation and flight management.

 Altitude is determined based on a combination of barometers and inertial navigation.

 The ability to both return to home or return to a predetermined point that has been 

preselected as free from obstructions or hazards.

 The ability to set custom battery charge warning levels and to set either an automatic 

return to home or return to a preset location in the event of a low battery.

 Tactile feedback in the controller when warnings are given to alert the pilot to certain 

conditions such as low battery.

 Programmable geo-fencing capabilities allowing the creation of a virtual “safety fence.”

 

5

Id. at pg. 3.
U.S. Department of Transportation

May 11, 2015

Page 8

The Watt 200 ETAP is a unique vehicle that draws its power from equipment on the 

ground. It has an empty take-off weight of 16 pounds, with a maximum take-off weight of under 

22 pounds. The vehicle employs eight electric motors in a quadcopter layout. The vehicle also 

has the following safety features:

 The tether is made from a Kevlar armored structure that has a breaking point in excess of 

600 pounds of force.

 The vehicle is controlled through signals transmitted through the tether and is therefore 

immune to lost link.

 The maximum altitude of the vehicle can be preset through customizing the tether length, 

and the controller know the altitude based on the amount of tether released, making the 

vehicle immunize from issues related to GPS signal reliability.

 Because the vehicle’s power is supplied by the tether, a fly-away event is impossible. In 

the unlikely event the tether is broken, the aircraft institutes an immediate auto-landing. 

The vehicle is equipped with sufficient battery power to safely conduct this maneuver. 

 The vehicle is able to automatically compensate for an engine failure and land safely.

If a full-sized helicopter were used to report similar news events, the aircraft’s take-off 

weight would likely exceed 6,000 pounds. The difference in weight between Petitioner’s 

extremely lightweight UAS (which carry no passengers, crew, or flammable fuel) and a 

conventional aircraft significantly reduces the potential harm to the participating and nonparticipating individuals or property in the event of an accident or incident.

B. Approval is Warranted Based on the Operational Restrictions in CNN’s 

Operating Documents

CNN’s operating documents contain all the procedures and limitations necessary to 

safely and successfully perform the proposed operations. To expedite the FAA’s safety 

assessment of CNN’s proposed UAS operations, CNN has tailored its operating documents to 

comply with the conditions and limitations imposed on similarly situated petitioners seeking to 

use small UAS for aerial data collection. Below is a summary of operational limitations and 

conditions to which CNN will adhere, and which will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines:

1. Operations authorized by this grant of exemption are limited to the AirRobot 

AR180, DJI Inspire 1, DJI Phantom 2 Vision, 3DR Solo and Watt 200 ETAP 

when weighing less than 55 pounds including payload. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this 

exemption. 
U.S. Department of Transportation

May 11, 2015

Page 9

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). 

The exemption holder may use either groundspeed or calibrated airspeed to 

determine compliance with the 87 knot speed restriction. In no case will the UA 

be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated 

within the visual line of sight (VLOS) of the PIC and VO at all times. The VO 

may be used to satisfy the VLOS requirement as long as the PIC always maintains

VLOS capability. The VO and PIC must be able to communicate verbally at all 

times. Electronic messaging or texting is not permitted during flight operations. 

The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the VO can 

perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating 

documents, the conditions and limitations herein take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents. 

It is the operator’s responsibility to track such revisions and present updated and 

revised documents to the Administrator or any law enforcement official upon 

request. The operator must also present updated and revised documents if it 

petitions for extension or amendment to this grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA 

granted this exemption, then the operator must petition for an amendment to its 

grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating 

documents.
U.S. Department of Transportation

May 11, 2015

Page 10

8. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation require a functional test flight prior to conducting further operations 

under this exemption. Functional test flights may only be conducted by a PIC 

with a VO and must remain at least 500 feet from other people. The functional 

test flight must be conducted in such a manner so as to not pose an undue hazard 

to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that 

it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine 

the UAS is in a condition for safe flight. The pre-flight inspection must account 

for all potential discrepancies, e.g. inoperable components, items, or equipment. 

If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also 

hold a current FAA airman medical certificate or a valid U.S. driver’s license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, 

or the Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated 

on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will 

be operated under this exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours and currency must be logged in a 

manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training 

the operator’s PICs and VOs (training, proficiency, and experience-building) and 

determining the PIC’s ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption are permitted under the 

terms of this exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered 
U.S. Department of Transportation

May 11, 2015

Page 11

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. 

All operations must be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 

airports not denoted with an ARP, the center of the airport symbol as denoted on 

the current FAA-published aeronautical chart, unless a letter of agreement with 

that airport’s management is obtained or otherwise permitted by a COA issued to 

the exemption holder. The letter of agreement with the airport management must 

be made available to the Administrator or any law enforcement official upon 

request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power for the UA to 

conduct the intended operation and to operate after that for at least five minutes or 

with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). 

All operations shall be conducted in accordance with an ATO-issued COA. The

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by 

serial number, registered in accordance with 14 CFR part 47, and have 

identification (N-Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the 

UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the 

aircraft is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request.
U.S. Department of Transportation

May 11, 2015

Page 12

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately in a manner ensuring the safety of nonparticipating persons; 

and

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including UAS, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.6

 

6

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
U.S. Department of Transportation

May 11, 2015

Page 13

CNN seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 

and 91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b) 

Maintenance and Inspection Requirements 

61.113; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and 

(b)

Carrying Aircraft Flight Manual, Certification and Registration in 

the Aircraft 

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions 

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and

the operating procedures and safeguards that Petitioner has established which will ensure a level 

of safety better than or equal to the rules from which exemption is sought.7

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

CNN seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

 

7

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or 

how the exemption would provide a level of safety at least equal to that provided 

by the rule from which you seek exemption.
U.S. Department of Transportation

May 11, 2015

Page 14

 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words “limited,”

“restricted,” “light-sport, “experimental,” or “provisional,” as applicable.

 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined 

that exemption from these requirements was warranted provided that the aircraft “have 

identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the 

markings are as large as practicable.”

8 All UAS flown by CNN will bear N-number markings 

that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.9 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

CNN seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.10 An exemption 

from these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS to be operated under this grant of exemption will not 

have.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the operating documents and any required manufacturer Safety 

 

8

FAA Docket No. FAA-2014-0352.

9

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

10 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have 

the aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections ...have discrepancies repaired as prescribed in part 43 of this chapter.”).
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Page 15

or Service Bulletins. Further, as required by the operating documents, the PIC will conduct a 

pre-flight inspection of the UAS and all associated equipment to account for all discrepancies 

and/or inoperable components. Maintenance will be performed and verified to address any 

conditions potentially affecting safe operation of the UAS and no flights will occur unless, and 

until, all flight critical components of the UAS have been found to be airworthy and in a 

condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. As required by the operating documents, the PIC 

who conducts the functional test flight will make an entry in the UAS aircraft records of the 

flight.

The operating documents also include requirements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. Moreover, the operating documents also include procedures to document 

and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of Petitioner’s UAS. As a 

whole, the maintenance and inspection procedures required by Petitioner’s operating documents 

ensure that an equivalent or higher level of safety will be achieved.

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and 

Limitations

CNN seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 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 carries neither passengers nor cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial11, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the 

additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot 

Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a 

private pilot to become qualified as a commercial pilot would not lead to any additional safety 

benefits when UAS operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot 

certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, 

because these individuals would also be subject to security screening by the Department of 

Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot 

certificates would be qualified to serve as the PIC for UAS operations.12 

 

11 FAA Docket No. FAA-2014-0352.

12 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 

8-9).
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Page 16

The restrictions Petitioner has placed on its UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial and other operators in more recently granted 

exemptions under Section 333 of the FAA Reform Act. CNN will operate away from persons 

and property that is not the subject matter of the flight. CNN will also require all PICs to be 

thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, 

pilots will have experience not only in UAS operations generally but have logged flight time in 

the specific make and model used for the operations before they are permitted to participate in 

commercial flights on behalf of CNN. The pilot qualification, training, and currency 

requirements in the operating documents ensure that CNN’s pilots are competent and proficient 

in the UAS they are operating. The Petitioner’s training and qualification requirements are 

consistent with those contained in prior FAA-issued grants of exemption, and will provide a 

higher level of competency and proficiency for its pilots and will ensure at least an equivalent 

level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, CNN seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy 

condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, 

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 operating documents contain procedures 

which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an 

exemption from § 91.7(a) is therefore warranted. 

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of 

this chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless 

it has within it the following:

(1) An appropriate and current airworthiness certificate...
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Page 17

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

In an FAA Office of Chief Counsel’s Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) 

and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.13 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS.14

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in 

an airworthy condition prior to flight. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components, which cover pre-flight, take-off, landing and 

post-flight procedures. The PIC will also be required to review weather, flight requirements, 

battery charge, landing and takeoff distance, UA performance data, and contingency landing 

 

13 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, 

Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see 

also Docket No. FAA-2014-0352 at 16-18. 

14 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight 

manual, marking, and placard requirements and § 91.203(a) and (b): Civil 

aircraft: Certifications required. The FAA has previously determined that relief 

from these sections is not necessary. See Exemption No. 11062. Relevant 

materials may be kept in a location accessible to the PIC in compliance with the 

regulations.
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Page 18

areas—before initiation of flight. Petitioner’s operating documents will be kept at the ground 

control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent 

part that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls.” UAS and 

remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight 

control is accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of 

safe training can still be achieved without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the operating documents, all persons will be a safe distance away in 

the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight 

training will be conducted in controlled and sterile environment. As a whole, the procedures 

provided for in the operating documents ensure that UAS flight instruction can be performed 

safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

CNN requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119(c).

15

 Section 91.119 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. See 14 C.F.R. § 91.119(c). 

An exemption is required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC 

and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight 

operations with rotorcraft weighing far more than the maximum weights proposed herein, and 

given the lack of flammable fuel with the UAS, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well the controlled location where the operations will occur. In order to avoid any risk 

to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the 

operating documents, the UAS will be operated in a controlled environment, and all flights will 

 

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an 

emergency landing without undue hazard to persons or property on the ground in the event of a 

failure. Petitioner’s proposed UAS operations will not occur over congested areas, and therefore 

an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 

to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-0534 ). 
U.S. Department of Transportation

May 11, 2015

Page 19

occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is 

in a position where he or she is shielded from the UAS and any possible debris resulting from 

UAS failure. Procedures will be in place to ensure flight operations can be safely terminated if a 

nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, 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 Observer will not present an 

undue hazard per § 91.119(a). Adherence to these restrictions in CNN’s operating documents

will ensure the proposed operations can be conducted without compromising safety to persons or 

property on the ground.

I. 91.121: Altimeter Settings

To the extent necessary for CNN to conduct the proposed operations, Petitioner 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.

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 UAS will be operated 400 feet AGL or 

below, (2) within 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.16

The UAS that Petitioner intends to use for performing the proposed operations meet all 

these operational characteristics. Moreover, the operating documents require the PIC to calibrate 

the aircraft’s GPS compass prior to each flight operation. As the FAA has determined in 

circumstances similar to this Petition for Exemption, Petitioner’s UAS and the safety mitigation 

procedures contained in the operating documents, ensure that an equivalent level of safety will 

be achieved, and a grant of exemption to the requirements of § 191.121 is therefore 

appropriate.17

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

CNN requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in 

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed –

 

16 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 

17 It should be noted that the 3DR Solo employs a barometric altimeter, so no exemption is 

needed from this section for that vehicle.
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(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for 

flight in daytime VFR conditions in circumstances similar to those presented in this Petition for 

Exemption.18 In Exemption No. 11213 to Aeryon Labs, Inc.19, the FAA determined that a 

requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there was enough available power for UAS to operate for the 

intended operational time and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater, would ensure an equivalent level of safety 

to the fuel requirements of § 91.151(a).

20 Petitioner’s operating documents impose this same 

requirement and an exemption from § 91.151(a)’s fuel requirements for flight in VFR conditions 

is therefore appropriate. 

VI. DRUG AND ALCOHOL PROGRAM

CNN will have policies in place to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting CNN’s Petition for Exemption. Congress 

has established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform 

Act—the FAA Administrator’s assessment of whether certain UAS may operate safely in the 

NAS before completion of the statutorily required rulemaking. 

More importantly however, and as recognized by the FAA in prior grants of exemption

allowing commercial operation of UAS for purposes similar to those described herein, granting 

the requested exemptions will significantly improve safety and reduce risk by alleviating the 

public’s exposure to danger and emissions associated with using manned aircraft to perform 

equivalent aerial data collection. Petitioner’s UAS are battery powered and create no emissions. 

Moreover, in the unlikely event that one of Petitioner’s UAS crash, there is no fuel to ignite and 

 

18 See e.g., Exemption Nos. 8811, 10808, and 10673.

19 Docket No. FAA-2014-0642.

20 Exemption No. 11213 at pg. 12.
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explode. Any accident involving Petitioner’s lightweight UAS will present significantly less 

danger to the pilot and other individuals on the ground than one involving a full size aircraft. 

Beyond increased levels of safety, the public stands to benefit enormously from the news 

media’s use of UAS. UAS offer a unique, safe, low cost method of obtaining an aerial 

perspective on an area or events. From the printing press, to the internet, and everything in 

between, new technologies are often used to advance and protect the public’s First Amendment 

rights by enhancing access to important information. Like the technologies that came before it, 

UAS offer an alternative means to gather and disseminate news and other important information 

in situations where it would be too unsafe or cost prohibitive to fly a conventional helicopter. 

The public as a whole will benefit from the increased access to information that UAS can bring 

to newsrooms across the country. 

VIII. PRIVACY

Maintaining an ethical balance between citizens’ right to a private life and the right to 

freedom of expression is an essential component of CNN’s operating procedures and 

commitment to responsible journalism. All UAS operations under the exemption will be 

conducted in accordance with applicable federal, state, or local laws regarding privacy. 

IX. FEDERAL REGISTER SUMMARY

The following summary is provided pursuant to 14 C.F.R. Part 11:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 

91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or, 

rotorcraft for aerial data collection in support of news gathering operations.

X. CONCLUSION

CNN’s Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012, including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed operations in this 

Petition for Exemption are similar to those in previously issued grants of exemptions, and they 

would benefit the public as a whole by improving safety. In consideration of the foregoing, this 

Petition for Exemption provides the FAA with all the necessary justification for issuance of a 

Grant of Exemption allowing CNN to use small UAS for aerial data collection in support of its 

newsgathering and reporting activities. 
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May 11, 2015

Page 22

We thank you for your prompt consideration of our requested exemptions. Should you 

have any questions, or if you need additional information to support the requested exemptions, 

please do not hesitate to contact the undersigned. 

Very truly yours,

Lisa M. Ellman

Mark E. McKinnon

Matthew J. Clark

Counsel for Cable News Network, Inc.

Attachments 

(The following attached items will be submitted under separate cover as they contain proprietary 

and commercial information exempt from disclosure under the Freedom of Information Act, 

5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 

 CNN UAS Operations Manual

 3DR Solo Description and Operations Manual

 Drone Aviation Corporation Watt 200 ETAP Operating and Maintenance Manual 

DC 51227068.1