February 19, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. S.E.

Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform 

Act of 2012 from 14 C.F.R. Part 21; 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 

C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R. 61.113; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 14 C.F.R. 

91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151; 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.215; 

14 C.F.R. 91.403; 14 C.F.R. 91.405; 14 C.F.R. 91.407; 14 C.F.R. 91.409; and 14 C.F.R. 

91.417.

Dear Sir or Madam:

New Story Media, LLC, a Texas Limited Liability Company, seeks an exemption to 

certain Federal Aviation Regulations (FARs) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (the Reform Act) and Part 11 of Title 14 of the 

C.F.R. New Story Media, LLC is an organization providing aerial photography and 

cinematography services utilizing Small Unmanned Aircraft Systems (sUASs) in the 

creation of real estate listing advertisement materials mainly for large estates in rural 

areas of Texas. Additionally, New Story Media occasionally engages in a variety of aerial 

surveying activities including orthomosaic mapping which aids various businesses in 

project management by helping to create survey grade imagery which can be used for 

extracting volumetric data and conducting other geospatial analytics.

Approval of exemptions for New Story Media, LLC will allow commercial sUAS 

operations in primarily remote, rural areas across Texas for real estate photography and 

cinematography, and – to a lesser extent – in construction and other environments where 

a survey crew or conventional aircraft would be cumbersome at best, and pose severe 

safety risks at worst. New Story Media, LLC intends to employ a pilot who will act as the 

Pilot-in-Charge (PIC) having, at a minimum, a private pilot certificate and 3rd-class 

medical certificate. This pilot will receive flight instruction specific to the aircraft used by 

New Story Media, LLC from Mr. Clover Carroll, who has over 1,000 hours of flight time 

with various sUASs. 

This exemption request should be granted because the use of the aircraft utilized by New 

Story Media, LLC under the conditions and limitations proposed below will meet or 

1

BRACEWELL

LAW FIRM

I. Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. Part 21; 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 

C.F.R. 45.29; 14 C.F.R. 61.113; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 

14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 

91.121; 14 C.F.R. 91.151; 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.215; 14 C.F.R. 91.403; 

14 C.F.R. 91.405; 14 C.F.R. 91.407; 14 C.F.R. 91.409; and 14 C.F.R. 91.417.

Approval of these exemptions for New Story Media, LLC will allow commercial 

operations of sUASs primarily in rural portions of Texas over private estates greater than 

250 acres for the purpose of producing real estate marketing materials, and secondarily 

over limited-access areas such as the exterior of industrial complexes, pipelines, landfills 

and construction sites for the purpose of aerial survey and inspection activities. The 

exemption should be granted because the operations proposed by New Story Media, 

LLC, using unmanned sUASs weighing no more than 10 lbs., conducted according to the 

conditions and limitations discussed below will provide a level of safety exceeding that of 

traditional aerial operations utilizing manned aircraft. Each of the factors identified by 

the Congress in approving this exemption process under Section 333 – size, weight, speed, 

operational capability, proximity to airports, proximity to populated areas, and operation 

within visual line of light – supports approval of the exemptions sought by New Story 

Media, LLC. Specifically, the sUASs weigh no more 10 lbs., flight will be restricted to 

class G airspace at altitudes no greater than 400 feet AGL and at speeds no greater than 

35 knots, and no flights will be conducted unless the aircraft has first acquired an 

adequate GPS signal to enable GPS-aided flight.

II. Contact Information

New Story Media, LLC

2305 South Day Street #266

Brenham, Texas 77833

Tel: 512-422-3158

Bracewell Law Firm

4460 Jeske Road

Brenham, Texas 77833

Tel: 936-463-1898

Fax: 936-666-2291

E-Mail: jonathan.bracewell@gmail.com

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III. New Story Media, LLC’s Operations

A. The sUASs

New Story Media, LLC currently operates two models of aircraft: the DJI 

Phantom 2 and the DJI Inspire 1. The market for aerial imagery is rapidly evolving, and 

there are market forces which pressure vendors to constantly upgrade equipment. These 

facts, combined with the length of time it takes to receive a grant of exemption, may 

make it difficult to operate in the market with current equipment: by the time the 

exemption for the specific aircraft is granted, those aircraft may very likely be outdated 

and/or obsolete. Therefore, New Story Media, LLC requests that any exemption granted 

extend not only to aircraft currently owned by New Story Media, LLC, but also to any 

future sUASs owned by New Story Media, LLC that meet the following criteria:

1. The sUAS is manufactured by DJI.

2. The sUAS weighs no more than 10 lbs. at takeoff.

3. The sUAS has GPS capability which aids its flight.

or

1. The sUAS has already been approved for commercial use by a published FAA Grant 

of Exemption. E.g. the SenseFly eBee permitted in Exemption No. 11136, 

Advanced Aviation Solutions.

Without abandoning the above request, New Story Media, LLC explicitly requests 

the exemption allow the operation of the DJI Phantom 2 and the DJI Inspire 1. Both 

sUASs are battery-operated multirotor aircraft weighing less than 10 lbs.

Respectively, the sUAS employed by New Story Media, LLC have the following 

specifications:

Airframe: DJI Phantom 2

Flight Control System: The built-in flight control system contains the MC (main 

controller), IMU (inertial measurement unit), GPS, compass, and receiver. The 

IMU has a built-in inertial sensor and a barometric altimeter that measures both 

attitude and altitude. The compass reads geomagnetic information which assists 

the GPS to accurately calculate the aircraft’s position and height in order to lock 

the aircraft in a stable hover. The receiver is used to communicate with the remote 

controller and the MC acts as the brains of the complete flight control system 

connecting and controlling all the modules together.

Max takeoff weight: 2.9 lbs.

Max flight speed: 30 knots

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Max ascent/descent speed: 19.7 ft/sec; 6.6 ft/sec

Battery type: 3S LiPo, 11.1V, 5200mAh

Airframe: DJI Inspire 1

Flight Control System: The built-in flight control system contains the MC (main 

controller), GPS + GLONASS processor, IMU (inertial measurement unit) and 

compass. The MC is the brains of the system, receiving thousands of bits of data 

each second and translating that data for optimal flight stability. The GPS 

processor now includes the capability to receive signals from the Russian-built 

GLONASS satellites, which improves positioning accuracy and quicker satellite 

acquisition. The IMU contains a 6-axis gyroscope as well as an accelerometer.

Max takeoff weight: 6.5 lbs.

Max flight speed: 43 knots

Max ascent/descent speed: 16.4 ft/sec; 13.1 ft/sec

Battery type: 6S LiPo, 22.2V, 4500mAh

Each aircraft has distinct failsafe capabilities. The Phantom 2 failsafe function is 

triggered by one of three different possible events:

1. The remote control is powered off.

2. The remote control is powered on but the S1 switch is toggled in the position 

triggering the failsafe.

3. The aircraft loses sufficient signal strength from the remote controller.

When any of these events occurs, the Phantom 2 will either automatically land in its 

current location, or, if GPS signal is available, it will fly back to the location where it 

conducted takeoff (the “Home Point”). Furthermore, when the Phantom 2 detects a 

battery level of 15% it will automatically land at its current location. During this descent, 

the operator can minimally control the aircraft’s attitude to avoid obstacles

The Inspire 1 has a more sophisticated failsafe function. The Inspire 1 

continuously estimates the amount of battery power required to fly the aircraft back to 

the Home Point. Once this level of battery power is reached, a message will appear 

within the flight control program alerting the operator. New Story Media, LLC employees 

will always attempt to return the aircraft to the Home Point when this message appears. If 

no action is taken, the aircraft will automatically fly up to a pre-set altitude, then fly to the 

Home Point and land (this is the return-to-home function or RTH). Additionally, the 

flight software will automatically conduct an RTH if the signal from the remote controller 

is lost for more than three seconds. Before each flight, the operator will inspect the area 

where the flight will take place and note the tallest obstruction. The operator will then set 

the failsafe altitude to a height greater than the tallest object in the area.

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Both sUASs have a limited range due to the physical limitations of the 

transmissions from the remote controller. In field conditions, this limited range is 

generally not greater than 1,000-1,200 meters or roughly 3,300-3,900 feet.

Both sUASs have the capability for a maximum altitude to be set prior to each 

flight. This is a separate setting from the maximum altitudes which are unchangeable and 

are set by the manufacturer from the factory. Using GPS data to determine altitude, the 

sUASs will not violate either of these altitude limit parameters.

The Phantom 2 sUAS has the ability to conduct a pre-programmed, automated 

flight pattern from takeoff to landing. The aircraft will take off from a designated point 

and fly in a straight line to various waypoints in sequence. It is this automated flight 

function which allows the sUAS to take geo-referenced photographs for survey-grade 

photogrammetry and other analytics. The flight control software that performs this 

automated flight function is not currently compatible with the DJI Inspire 1, but an 

update is expected to enable this feature soon

Please refer to the respective user manuals for each aircraft which are attached to 

this petition as Exhibits 1 and 5 for additional information.

B. Flight Conditions

The sUASs will be flown in airspace no greater than 400 feet above ground level 

(“AGL”) and under controlled conditions in predominantly rural areas. When not 

operating in a rural environment, the operations will be conducted in low-population 

areas with strict personnel access controls such as construction zones. The majority of 

flights will occur in rural areas of Texas over real estate properties that are typically 

greater than 250 acres in size. New Story Media, LLC will work with the local FSDOs to 

ensure each operation is conducted in a way that avoids conflict with other ongoing 

operations in the NAS. The aircraft will be flown only in class G airspace during VMC, 

visual meteorological conditions: no less than 500 feet below and no less than 2,000 feet 

horizontally from a cloud and with visibility at least three statute miles from the PIC. 

C. Flight Operations

New Story Media, LLC will require every operator to fly the aircraft within visual 

line of sight (VLOS) of the operator as well as a second individual previously designated 

as the visual observer (VO). Flights shall always be conducted in class G airspace at or 

below 400 feet AGL and at speeds no greater than 35 knots with the Inspire 1 and 25 

knots with the Phantom 2.

The PIC shall have at a minimum a private pilot certification as well as a third 

class medical certificate. Each PIC will undergo hands-on training with the sUASs and 

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achieve a minimum of 10 flight hours before flying for a client of New Story Media, 

LLC. 

The sUAS will fly only over private property for which New Story Media, LLC has 

permission to fly over. All operations will comply fully with the Texas Privacy Act of 

2014 and all other applicable state and local laws. The majority of flights will take place 

over real property exceeding 250 acres. The PIC will coordinate with the local FSDO 

when planning operations. The PIC will consult aeronautical charts and review the 

relevant weather data prior to each operation, and brief other members of the flight crew 

on his findings before each operation begins. During the planning phase of each 

operation the flight crew will ensure that the sUAS has the most recent firmware updates 

from the manufacturer so that the sUAS will operate using the most up-to-date controls 

and parameters from the manufacturer. The flight crew shall perform this firmware check 

no more than one week prior to the scheduled flight.

The flight crew will utilize various measures to ensure that non-participating 

persons do not accidentally enter the flight area. Such measures may include locking the 

gate to a ranch, or setting orange cones on the driveway to a property. The flight crew will 

always work with the property owner to ensure unnecessary personnel are not present 

during the flight.

Before conducting any operations, the flight crew will inspect the components of 

the sUAS for any visible indications of damage. The crew will then turn on the sUAS and 

allow it to conduct its full self-diagnostic test which each sUAS performs upon startup. 

The flight crew will ensure that the sUAS has acquired its GPS signal and then calibrate 

the onboard compass. No flights (including the test flight) shall take place unless the sUAS 

has acquired a GPS signal the compass has been calibrated properly in accordance with 

the respective sUAS user manual, and the sUAS has passed its self-diagnostic test. Next, 

the PIC will verify that the altitude limit in the flight control program has been set to 400 

feet AGL. The crew will then initiate a brief test flight, bringing the sUAS to 15 feet AGL 

in order to check the flight controls and camera operation. After performing as many 

maneuvers as the PIC finds necessary, but never exceeding more than 100 ft horizontally 

from the ground station, the test flight shall conclude and the PIC shall bring the aircraft 

back to its Home Point. Every Home Point shall be prominently marked with orange 

cones or white engineering tape or some other method of marking which provides a 

similar level of visibility.

The VO shall make use of a separate monitor to assist in maintaining visual 

contact with the sUAS. This monitor will display images received wirelessly from the 

camera onboard the sUAS.

At any time during the flight, should the aircraft lose connection with the remote 

control, the flight control system failsafe will be activated automatically, and the aircraft 

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will make a controlled descent either in place or to the Home Point as dictated by the 

aircraft’s capabilities and weather conditions. 

In addition to these safeguards, DJI has programmed into the firmware of each 

sUAS they sell certain “no-fly zones” which will prevent flights in restricted airspace. See 

Exhibit 5 at 46-48. Any DJI sUAS will not start its motors in these pre-programmed nofly zones, or if it enters this space during an ongoing flight, the sUAS will automatically 

descend to an altitude outside of the no-fly zone, or commence landing.

During flights, the PIC and the VO will stand next to each other in constant voice 

contact at the ground station. If weather conditions suddenly make continued flight 

unsafe, the PIC will fly the sUAS to a safe altitude above all local obstructions and bring 

the sUAS back to the Home Point or alternatively use the camera to locate a safe 

secondary landing area if the weather conditions are such that returning to the Home 

Point is either not feasible or not safe.

Flights will be limited to 75% of the battery life of the sUAS. This information is 

indicated on the sUAS itself by flashing lights and also on the remote controller’s video 

screen.

When performing aerial survey operations by pre-programmed, automated flight 

patterns, the PIC will maintain positive control of the remote controller in the event a 

manual override in necessary. All procedures will remain the same for this type of 

operation with the following exceptions: 

1. The flight crew shall thoroughly inspect the area to be surveyed and note all 

obstructions.

2. The PIC shall set the automated flight altitude at a level certain to clear the obstacles 

observed by the flight crew.

3. The PIC shall coordinate with the site foreman, or a person of similar responsibility to 

determine the best time of day during which to conduct the operation.

IV. Aircraft and Equivalent Level of Safety

New Story Media, LLC proposes that the exemption requested herein apply to any 

civil aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or higher level of safety to 

operations under the current regulatory structure.

These limitations and conditions to which New Story Media, LLC agrees to be 

bound when conducting commercial operations under an FAA issued-exemption include:

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1. The sUAS will weigh less than 10 lbs. The DJI Phantom 2 weighs 2.9 lbs. and the 

DJI Inspire 1 weighs 6.5 lbs.

2. Flights will be operated within VLOS of the PIC and VO and only during VMC.

3. Maximum total flight time for each flight will be 75% of battery life. Flights will be 

terminated once the battery reaches a 25% level. This information is transmitted to 

the remote controller as well as indicated by flashing lights on the sUAS itself.

4. The sUAS will remain clear and yield the right of way to all other manned 

operations and activities at all times.

5. Flights will be conducted at an altitude not to exceed 400 feet AGL. 

6. Minimum crew for each operation will consist of the PIC and VO.

7. A briefing from the PIC will be conducted in regard to the planned sUAS operations 

prior to each day’s activities. It will be mandatory that all personnel who will be 

performing duties in connection with the operations be present for this briefing.

8. The operator will obtain a FAA Civil COA prior to conducting any operations 

under this grant of exemption.

9. The operator will request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation.

10. The PIC and VO will at all times be able to communicate by voice and be stationed 

next to each other at the ground station.

11. Written and/or oral permission from the landowner or authorized agent, of the 

land over which the sUAS is flying will be obtained prior to each operation.

12. All required permissions and permits will be obtained from territorial, state, county 

and/or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

13. The sUAS will have the capability to automatically abort a flight in case of poor 

signal communication with the PIC’s remote controller.

14. No operations shall take place within 5 nautical miles of an airport reference as 

noted on a FAA published aeronautical chart.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of light and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant’s sUASs pursuant to the conditions and operations described above.

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V. Public Interest and Safety

Use of the sUASs will increase ground safety by eliminating the need to have a 

manned aircraft take the videos or photographs. As recognized in other exemptions, (e.g. 

Exemption Nos. 11136 & 11138, attached to this petition as Exhibits 9 & 10), sUAS flight 

offers several advantages over manned aircraft. Manned aircraft often weigh in excess of 

5,000 lbs. and carry more than 100 gallons of highly combustible fuel. The sUASs in this 

petition carry no combustible fuel and only weigh a maximum of 6.5 lbs., greatly 

reducing the potential forces at work in the case of an incident. Furthermore, there is 

much less risk of harm to human life since the sUASs have no crew onboard. 

Environmental factors weigh heavily in the public interest and in favor of granting 

the exemption. Other than real estate marketing videos, New Story Media, LLC engages 

in environmental compliance operations, including, but not limited to, oil pipeline remote 

inspection and smokestack inspection. With respect to visual inspection of smokestacks, 

flying an sUAS allows the inspector to remain safely on the ground reviewing images and 

video instead of having to be hoisted into the air hundreds of feet in order to conduct the 

inspection. Use of the sUASs makes these operations not just safer, but more efficient so 

that companies can achieve compliance in a less costly manner. Additionally, flying an 

sUAS has a negligible environmental impact compared to manned aircraft which burn 

hundreds of pounds of hydrocarbon-based fuels during flight.

VI. Regulations from Which Exemption Is Requested

A. 14 C.F.R. Part 21 - Certification Procedures for Products and Parts

New Story Media, LLC requests an exemption from 14 C.F.R. Part 21, and 

particularly Part 21(h). Part 21 prescribes, in pertinent part, the procedural requirements 

for issuing and changing design approvals, production approvals, airworthiness 

certificates, and airworthiness approvals.The FAA has held in Exemption No. 11136, 

Advanced Aviation Solutions, that exemption from Part 21 was not necessary because of 

the diminutive size of the aircraft, and lack of personnel on board the aircraft. See Exhibit 

9, 12-13.

Equivalent level of safety: An equivalent level of safety with airworthiness 

certification can be achieved by the use of sUASs and the conditions and limitations 

imposed on operations which have been proposed in this petition. As the FAA pointed out 

in Exemption No. 11136, “Manned aircraft are at risk of fuel spillage and fire in the event 

of an incident or accident. The UA carries no fuel and therefore the risk of fire . . . due to 

fuel spillage is eliminated.” See Exhibit 9 at 12. Additionally, just like the sUAS in that 

grant of exemption, the sUASs under this petition have GPS guided capabilities which 

greatly reduce the likelihood of accidents. As the FAA observed, “These safety features 

ensure that these operations will not adversely impact safety compared to a manned 

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aircraft performing a similar operation . . . .” Id. at 12-13. In addition to these safety 

features, the sUAS operated by New Story Media, LLC weigh less than 10 lbs., fly no 

faster than 43 knots, and can fly no more than 1,200m from the remote controller in 

ordinary field conditions.

B. 14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after maintenance, 

preventive maintenance, rebuilding, or alteration.

New Story Media, LLC requests an exemption from 14 C.F.R. 43.7. This part 

provides, inter alia, that the holder of a mechanic certificate or a repair station certificate 

may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component 

part for return to service. 

Equivalent level of safety: New Story Media, LLC has years of experience among 

its employees in repairing and modifying recreational aircraft such as those included in 

this petition. The nature of the sUASs is that of a model aircraft. When necessary, New 

Story Media, LLC and its employees will conduct inspections and maintenance based on 

maintenance guidelines provided by the manufacturer of the sUASs, DJI. All 

modifications and repairs will be tested for proper functionality before flying over 

property not belonging to New Story Media, LLC or its agents. Because of the simple 

nature of these aircraft which have few moving parts, and the low risk inherent in 

operating them due to their size, an equivalent level of safety can be achieved by simply 

conducting test flights lasting at a minimum 15 minutes.

C. 14 C.F.R. 43.11: Content, form, and disposition of records for inspections 

conducted under parts 91 and 125 and §§ 135.411(a)(1) and 135.419 of this 

chapter.

New Story Media, LLC requests an exemption from 14 C.F.R. 43.11. This part 

provides that maintenance records must be kept up to date by each inspector when an 

aircraft is deemed ready for return to service. 

Equivalent level of safety: Because there are no certificated maintenance workers 

or inspectors for this type of aircraft as contemplated by this section, § 43.11 simply 

provides for no additional safety in flight. An equivalent level of safety will be achieved by 

testing the sUAS for 15 minutes of flight after each repair and/or modification by New 

Story Media, LLC personnel. Also, the PIC will perform a short test flight prior to each 

operation in order to ensure proper functioning of the flight controls as described above. 

See supra at 7.

D. 14 C.F.R. 45.11: Marking of products.

11
New Story Media, LLC requests an exemption from 14 C.F.R. 45.11. This part 

provides, inter alia, that the manufacturers of aircraft, engines, propellers, mark such 

aircraft, engines, or propellers with an approved fireproof identification plate. The sUASs, 

due to their small size, do not have room for fireproof placards to be placed in or on 

them. Any required placards could become hazardous, due to the additional weight and 

strain placed on the frame of the sUASs. Any additional weight could deteriorate the 

flight stability of the aircraft since they weigh less than 10 lbs.

Equivalent level of safety: New Story Media, LLC’s flight crew will keep 

information related to the sUASs, including the user manual, at the ground station and 

affix the N-Numbers, once obtained from the FAA Registration Office, on the “arms” or 

fuselage of the sUASs as large as practicably possible. The exemption will provide an 

equivalent level of safety to 14 C.F.R. 45.11 because the relevant documentation 

containing the serial number will be at the ground station with the PIC for inspection 

purposes rather than with the sUASs. 

E. 14 C.F.R. 45.27: Location of marks; nonfixed-wing aircraft.

New Story Media, LLC requests an exemption from 14 C.F.R. 45.27. This part 

provides, inter alia, that 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. The sUASs, due to their small size, do not have a cabin, fuselage, boom or tail in 

the ordinary sense, to display the marks required by § 45.23.

Equivalent level of safety: Once New Story Media, LLC receives its N-Number(s), 

it will display these marks on the “arms” or fuselage of the aircraft as large as practicably 

possible. This exemption provides an equivalent level of safety to 14 C.F.R. 45.27 because 

the sUASs will be registered with the FAA Aircraft Registration Branch. In the event of 

an incident, the sUASs will be traceable to New Story Media, LLC. 

F. 14 C.F.R. 45.29: Size of marks.

New Story Media, LLC requests an exemption from 14 C.F.R. 45.29. This part 

provides, inter alia, at subsection (b)(3) that the registration marks for rotorcraft must be at 

least 12 inches high. The sUASs, due to their small size do not have any surface areas 

large enough to permit such markings of that size.

Equivalent level of safety: Once New Story Media, LLC receives its N-Number(s), 

it will display these marks on the “arms” or fuselage of the aircraft al large as practicably 

possible. This exemption provides an equivalent level of safety to 14 C.F.R. 45.29 because 

the sUASs will be registered with the FAA Aircraft Registration Branch. In the event of 

an incident, the sUASs will be traceable to New Story Media, LLC.

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G. 14 C.F.R. 61.113: Private pilot privileges and limitations: Pilot in command.

New Story Media, LLC requests an exemption from 14 C.F.R. 61.113. This part 

prohibits persons with private pilot certificates from operating an aircraft for hire. In 

Exemption No. 11062 to Astraeus Aerial, the FAA determined that a PIC with a private 

pilot certificate operating a sUAS would not adversely affect operations in the NAS or 

present a hazard to persons or property on the ground. Therefore, New Story Media, 

LLC requests a similar determination be made with respect to this petition.

Equivalent level of safety: The intent of requiring a commercial certificate before 

being able to operate an aircraft for hire is to protect human lives because most flights for 

hire are manned. Additionally, a commercial certificate equates to greater experience with 

aircraft. However, with respect to sUASs, a commercial certificate does not result in 

greater flight experience. Instead, New Story Media, LLC will achieve an equivalent level 

of safety by ensuring all PICs go through a rigorous training program with Mr. Clover 

Carroll involving a minimum of 3 hours of simulator time and 10 flight hours in a multirotor sUAS owned and operated by New Story Media, LLC. Due to the inherent flight 

time restrictions caused by battery capacity, this equates to a minimum of 20 takeoff 

sequences and 20 landing sequences. 

H. 14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The FAA has previously stated that no exemption is required for a member of the 

DJI Phantom 2 family. See Exhibit 10 at 17. New Story Media, LLC requests a similar for 

its sUASs: the DJI Phantom 2 and the DJI Inspire 1. The Inspire 1 is significantly similar 

to the Phantom 2 in structure and operation, but with additional safety features, an 

improved flight control system, and improved electric motors.

In the alternative, and without abandoning the request above, New Story Media, 

LLC requests an exemption from 14 C.F.R. 91.7(a) on the following grounds. The 

regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Since there will be no airworthiness certificate issued for the aircraft at issue in 

this petition, it would be impossible to comply with this regulation.

Equivalent level of safety: New Story Media, LLC flight crews will achieve an 

equivalent level of safety by testing the sUAS for 15 minutes of flight after each repair 

and/or modification. Also, the PIC will perform a short test flight prior to each operation 

in order to ensure proper functioning of the flight controls as described above. Supra at 7.

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I. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard 

requirements.

The FAA has previously stated that no exemption is required for this section. See 

Exemption No. 11136, Exhibit 9 at 16. New Story Media, LLC requests the same 

determination be made for this petition.

Alternatively, and without abandoning the argument above, New Story Media, 

LLC requests exemption from 14 C.F.R. 91.9(b)(2) because it is impossible to comply with 

the regulation given the small size of the sUASs. The regulation requires “a current 

approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof ” to be available in the aircraft. There is no 

room in the sUASs to store any extra materials, let alone a flight manual or placards.

Equivalent level of safety: New Story Media, LLC and its agents will achieve an 

equivalent level of safety by retaining all available manufacturer documentation in the 

travel case for each respective sUAS. This shall include the User Manual, Quick Start 

Guide, and other relevant safety information such as the “Battery Safety Guidelines.” The 

flight crew will have these materials available to them because the case for the sUAS will 

remain at the ground station during flights.

J. 14 C.F.R. 91.9(c): Civil aircraft flight manual marking, and placard requirements.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.9(c). This part 

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

identified in accordance with part 45 of this chapter.”

As stated above, New Story Media, LLC will obtain an N-Number from the FAA 

Registration Office and the sUASs, due to their small size, do not have room to contain 

placards, flight manuals, or 12-inch markings required in part 45 of 14 C.F.R.

Equivalent level of safety: Once New Story Media, LLC receives its N-Number(s), 

it will display these marks on the “arms” or fuselage of the aircraft as large as practicably 

possible. This exemption provides an equivalent level of safety to 14 C.F.R. 91.9(c) 

because the sUASs will be registered with the FAA Aircraft Registration Branch. In the 

event of an incident, the sUASs will be traceable to New Story Media, LLC.

K. 14 C.F.R. 91.103(b)(2): Preflight action.

The FAA has previously determined that relief from this section is not necessary. 

See Exhibit 10 at 17. New Story Media, LLC requests that a similar determination be 

made with respect to this petition. 

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Equivalent level of safety: Just as in the above-referenced Exemption No. 11138, 

New Story Media, LLC requires certain preflight actions to be taken prior to each flight 

as outlined above in section III.C. of this petition. These actions include reviewing 

aeronautical chart data for the area of operations, reviewing applicable weather data, 

conducting a pre-flight inspection, calibrating the compass, acquiring GPS satellite signals 

and performing a very limited test flight. These preflight actions will ensure an equivalent 

level of safety with the requirements of § 91.103(b)(2).

L. 14 C.F.R. 91.105: Flight crewmembers at stations.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.105 since this 

section is not applicable due to the sUASs carrying no flight crewmembers.

Equivalent level of safety: New Story Media, LLC will not operate the aircraft 

unless someone is at the controls at all times. The remote controller will be manned 

regardless of whether the sUAS is engaged in a cinematic photo shoot or conducting a 

pre-programmed, automated aerial survey. Furthermore, as described above in section 

III. C. of this petition, the VO will always remain at the ground station in voice contact 

with the PIC. This will result in an equivalent level of safety as the requirements of 

§ 91.105.

M 14 C.F.R. 91.109 Flight instruction; Simulated instrument flight and certain flight 

tests.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.109. This 

regulation requires dual controls for aircraft when conducting flight instruction. The 

sUASs operated by New Story Media, LLC do not have dual controls, or the capability to 

add a second remote controller, making compliance with this section impossible.

Equivalent level of safety: New Story Media, LLC will be able achieve an 

equivalent level of safety during training flights because just like the throwover controls 

contemplated in this regulation, the remote controller can be easily transferred to the 

possession of the instructor midflight. This ability, combined with the low weight and 

unmanned nature of the aircraft certainly exceeds the level of safety provided by dual 

controls in a traditional manned aircraft during a training flight.

N. 14 C.F.R. 91.119: Minimum safe altitudes: General.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.119. This 

regulation provides:

Except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

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(a) Anywhere. An altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 

feet above the highest obstacle within a horizontal radius of 2,000 feet of 

the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, 

the aircraft may not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure.

New Story Media, LLC intends to operate its sUASs at altitudes no greater than 400 feet 

AGL.

Equivalent level of safety: New Story Media, LLC’s operations will achieve an 

equivalent level of safety with this regulation by maintaining altitudes no greater than 400 

feet AGL. This is in conformity with the operating standards set forth in Advisory 

Circular (AC) 91-57. Additionally, the sUASs flown and operated by New Story Media, 

LLC all have GPS-aided flight stability integrated into the flight control system. This 

allows the sUASs to maintain their position precisely when there are no inputs given 

through the remote controller. This allows the operator to make controlled, steady 

approaches to various obstacles for purposes of inspection, such as when taking images of 

cooling towers and smokestacks for regulatory compliance purposes. While flying close to 

such large obstructions poses a risk to the aircraft, the risk to infrastructure is negligible 

due to the weight of the sUASs being less than 10 lbs. The PIC shall always assess the 

risks to people and property when conducting such operations, and either continue the 

mission or abort accordingly.

O. 14 C.F.R. 91.121: Altimeter settings.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.121. This 

regulation provides guidelines for altimeter use in maintaining the cruising altitude or 

flight level of the aircraft. Specifically, the regulation calls for setting the altimeter of an 

aircraft referenced to mean sea level (MSL). Due to the limitations of the software 

provided by the manufacturer, it is impossible to comply with this requirement. 

Equivalent level of safety: The sUASs operated by New Story Media, LLC have 

flight control software which provides an altitude readout to the video screen attached to 

the remote controller. This altitude readout is always expressed as a value in terms of feet 

or meters AGL. This value is computed using GPS signals as well as an onboard 

barometer. Due to limitations in the software, it is impossible to cause the altitude readout 

to be expressed in terms of feet or meters above MSL. New Story Media, LLC will 

achieve an equivalent level of safety by ensuring the maximum altitude is set to 400 feet 

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AGL prior to each flight. The purpose of the regulation is to provide separation between 

aircraft during flight. Maintaining flight in class G airspace within VLOS during VMC at 

altitudes no greater than 400 feet AGL (along with other operating procedures outlined 

above) will ensure that the sUASs do not interfere with the flight of other aircraft.

P. 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.151. This 

regulation requires aircraft to have an amount of fuel that would carry the aircraft either 

20 or 30 minutes beyond the intended landing point, dependent upon what type of 

aircraft is in use. It is impossible to comply with this regulation due to the current 

limitations of the sUASs in this petition; primarily because the sUASs carry no fuel at all, 

but only chemically stored energy in onboard batteries.

Equivalent level of safety: New Story Media, LLC will achieve an equivalent level 

of safety by requiring its PICs to initiate landing when the indicated battery level reaches 

25% of its total capacity. This precaution, combined with the automated return-to-home 

features built into the flight control system will prevent the type of incidents in view with 

respect to § 91.151.

Q. 14 C.F.R. 91.203(a) & (b): Civil aircraft: Certifications required.

The FAA has previously determined that exemption from 14 C.F.R. 91.203(a) & 

(b) is not necessary. See Exhibit 9 at 16. New Story Media, LLC requests a similar 

determination with respect to this petition.

Alternatively, and without abandoning the argument above, New Story Media, 

LLC requests an exemption from 14 C.F.R. 91.203(a) & (b). This regulation requires, inter 

alia, that all aircraft have current airworthiness certificates. This regulation cannot be 

complied with due to there being no certification process in place for aircraft of this type.

Equivalent level of safety: See section VI. H. of this petition, supra, at 13. An 

equivalent level of safety can be reached by ensuring that the flight crew perform its 

duties in accordance with the manufacturers instructions and recommendations and in 

accordance with the procedures outlined in this petition above in section III. C., 

including, but not limited to, routine visual inspections of the equipment, regular 

firmware and software updates, as well as regular test flights under controlled conditions.

R. 14 C.F.R. 91.215: ATC transponder and altitude reporting equipment and use.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.215. It is 

impossible to comply with the requirement of this section when operating the sUASs 

covered by this petition. The sUASs are not equipped with radio equipment in order to 

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transmit electromagnetic signals produced by a transponder. Furthermore, no sUAS 

operated by New Story Media, LLC would be able to carry the additional weight of a 

transponder. For example, the Garmin GTX-327 digital transponder weighs 2.4 lbs. - 

83% of the weight of the Phantom 2 and 37% of the weight of the Inspire 1.

Equivalent level of safety: New Story Media, LLC will achieve an equivalent level 

of safety by restricting all flights it conducts to altitudes no greater than 400 feet AGL 

within class G airspace only. Additionally, no flights will be conducted within 5 nautical 

miles of an airport reference point as denoted on a current FAA-published aeronautical 

chart. These measures will reduce the risk of collision with another aircraft to a negligible 

level and likely exceed the level of safety achieved by a transponder.

S. 14 C.F.R. 91.403: General.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.403. This 

regulation provides, inter alia, that the owner of an aircraft must maintain it in an 

airworthy manner and any maintenance performed on an aircraft must be done in a 

manner consistent with Part 43 of Title 14 of the C.F.R. New Story Media, LLC will 

certainly maintain the airworthiness of its fleet of sUASs, but as discussed above in 

sections VI. B. & C. of this petition, there exists good cause to exempt New Story Media, 

LLC from certain portions of Part 43 of Title 14 C.F.R. See supra at 11.

Equivalent level of safety: An equivalent level of safety will be achieved by testing 

the sUAS for 15 minutes of flight after each repair and/or modification by New Story 

Media, LLC personnel. Also, the PIC will perform a short test flight prior to each 

operation in order to ensure proper functioning of the flight controls as described above. 

Supra at 7.

T. 14 C.F.R. 91.405: Maintenance required.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.405. This 

regulation requires maintenance personnel to make repairs in accordance with Part 43 of 

Title 14 C.F.R. and to make entries in the maintenance records accordingly. New Story 

Media, LLC contends that maintenance records for sUASs do not provide an additional 

amount of safety over regular inspections and test flights under controlled conditions. The 

sUASs operated by New Story Media, LLC are so new that there exist no industry 

standard guidelines for when parts should be replaced following a given number of hours 

of operation. Documenting the length of time a certain part has been in operation will 

not give maintenance personnel any meaningful data with respect to the expected lifetime 

or serviceability of that part.

The quadricopters operated by New Story Media, LLC only have four moving 

parts that affect their flight - the four electric motors which power the propellers. The 

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attitude, altitude, and velocity of the aircraft all vary by individually increasing or 

decreasing the speed of these four electric motors. The flight control system interprets 

inputs from the controller and through a complex array of algorithms determines the 

necessary power inputs to the four electric motors in order to execute the desired 

maneuver. This system of flight control is far different from a standard aircraft which 

combines electronic and hydraulic systems with an internal combustion engine. While a 

standard aircraft has many points of failure, the nature of an sUAS is that malfunctions 

are immediately obvious upon takeoff: either the flight control system is operating 

correctly or not, either the electric motors are working or they are not, and so on. 

Furthermore, due to the flight control system being driven by software, and the 

proprietary nature of the algorithms, there is no possible way to detect a potential failure 

in this system by visual inspections. Instead, the sUASs go through a type of “boot up” 

process during which the software runs certain self-diagnostic tests. Given the low risk to 

life and property presented by sUASs weighing less than 10 lbs., keeping detailed 

maintenance records will simply not increase the level of safety beyond that achieved by 

conducting regular test flights under strictly controlled conditions combined with visual 

inspections and the onboard self-diagnostic software.

Equivalent level of safety: New Story Media, LLC will achieve an equivalent level 

of safety, taking into account the low weight of the sUASs, by conducting regular test 

flights and visually inspecting the physical elements of the flight control system as 

described previously in this petition.

U. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, 

rebuilding, or alteration.

New Story Media, LLC requests an exemption to 14 C.F.R. 91.407. This 

regulation provides, in part, that no one may operate an aircraft after maintenance has 

been conducted upon it, unless the maintenance was in conformity with Part 43 of Title 

14 C.F.R. New Story Media, LLC has requested exemption from the applicable portions 

of Part 43 and therefore requests an exemption to this section as well.

Equivalent level of safety: New Story Media, LLC personnel will inspect the 

physical parts of the sUAS for damage, wear, and other defects prior to each flight. This, 

combined with the self-diagnostic features built into the sUASs and routine test flights 

after each repair and prior to each operation will allow for an equivalent level of safety.

V. 14 C.F.R. 91.409: Inspections.

New Story Media, LLC requests an exemption from 14 C.F.R. 91.409. This 

section provides specific requirements for inspections of aircraft, including annual 

inspections for airworthiness certification. As discussed previously, regulations regarding 

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airworthiness certification are largely inapplicable to sUASs due to there being no 

approved certification process in existence for this type of aircraft.

Equivalent level of safety: New Story Media, LLC proposes in this petition to 

conduct visual inspections and test flights prior to each operation and following every 

repair or modification made to a sUAS. Thus, inspections of the sUASs will take place far 

more often than the 100-hour interval and/or annual inspections required by § 91.409.

W. 14 C.F.R. 91.417: Maintenance records

New Story Media, LLC requests exemption from 14 C.F.R. 91.417. This section is 

only applicable for aircraft with an airworthiness certificate. The sUASs will not have 

airworthiness certificates, therefore this section is inapplicable to sUAS operations.

Equivalent level of safety: New Story Media, LLC does not intend to keep 

maintenance records for its sUASs due to the rapidly evolving nature of the industry 

which causes many sUASs to become obsolete in a matter of months, and the reasons set 

forth above in section VI. T. of this petition. Supra at 18-19.

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