July 15, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Nordhoff Photography & Cinematography for Exemption Pursuant to Section 333 

of the FAA Reform Act

Petitioner’s Name and Address:

Nordhoff Photography & Cinematography 

Owner: Evan Nordhoff 1524 W. Andrew Lane Jasper, IN 47546

evannordhoff@me.com

To whom it may concern:

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

14 C.F.R. Part 11, Nordhoff Photography & Cinematography, operator of Small Unmanned 

Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, hereby 

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its sUASs, so long as such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) 

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 

Nordhoff Photography & Cinematography to conduct commercial operations of sUASs meeting 

or exceeding all of the operational and safety requirements Congress has set forth in Section 

333.

Nordhoff Photography & Cinematography is a media/technology company owned and operated 

by Evan Nordhoff. The purpose of Nordhoff Photography & Cinematography is to develop 

commerce in Southern Indiana. Mr. Nordhoff has over 5 years in Remote Controlled (“RC”) 

aircraft experience in both fixed wing and rotary aircraft. This experience includes development, 

building, testing and flying a variety of RC aircraft. He has also taken flight lessons in the past at 

a local airport as well as ground school and keeps safety at his first priority. 

Nordhoff Photography & Cinematography plans to use the capabilities of sUASs to offer a 

multitude of services, including:

- Aerial surveying of local water supply to the community - Event Photography/Videography

- Agriculture and Livestock monitoring

- Real Estate Photography and presentation

- Aerial filmmaking and photography

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, 

provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft 

Systems (UAS) operations in the National Airspace System (“NAS”). Section 333(a) states that 

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rule making required by 

section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 

332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited 

operation authorization” if several factors are met. Petitioner meets all requirements to permit 

FAA approval of commercial UAS operations.

The name and address of the applicant are:
Name: Nordhoff Photography & Cinematography Owner: Evan Nordhoff & Tammy Rivera

Address: 1524 W. Andrew Lane

Jasper, IN 47546

Phone: 812-639-7326

Email: evannordhoff@me.com

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the 

reduction of personnel needed to operate equipment, reduced noise levels and zero emissions 

into the environment. In addition to providing cost savings and having little to no impact on the 

environment, sUASs provide enhanced safety. These factors are beneficial for, and in the best 

interest of, the public. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.

Petitioner is requesting an exemption to enable Nordhoff Photography & Cinematography to

operate a DJI Inspire 1 sUAS that is upgraded to latest version firmware, equipped with a 3 axis 

Zenmuse camera gimbal, which uses a High-Def video camera that can capture up to 4K 

(4096x2160p) video and 12M pixel photos. This sUAS has a built-in capability to limit 1) the 

height it flies above the ground and 2) the radius of the distance it flies from the operator. The 

DJI Inspire 1 also has the failsafe function of the autopilot system, which means, when the 

communication between the Main Controller and the transmitter is disconnected, the outputs of 

all command sticks from controller will go to the center position. If the GPS signal is good 

enough, the system will automatically trigger Return to Home and will land safely. Please refer 

to Attachments 1-3, the DJI Inspire 1 Instruction Manual, for the performance limitations and 

flight operations.

Aircraft weight is 2935 grams or 6.47 pounds with battery, which is the total gross weight.

A pre-flight inspection will be performed by the PIC in accordance with the factory instruction 

manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to make 

sure that the compass, gyro and acceleration values are within specs, positive GPS locks are 

secure, battery health in each individual LiPo cells are balanced, and radio signals are locked in.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual and only 

manufacturer's authorized replacement parts will be used.

FCC Information

The DJI Inspire 1 transmitter used for controlling the sUAS complies with part 15 of the FCC 

rules. Operation is subject to the following two conditions: (1) This device may not cause 

harmful interference, and (2) this device must accept any interference received, including 

interference that may cause undesired operation.
The DJI Inspire1 radio transmitter used for controlling the sUAS is wireless technology which 

has been tested and found to be compliant with the applicable regulations governing a radio 

transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the DJI Inspire 1 transmitter, the PIC will maintain a separation distance of at 

least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna 

to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a Light Sport Pilot Certificate and a current State issued drivers 

license, plus at least 2 hours flying time and 3 takeoffs and landings within 30 days in the type of 

UAS utilized in operations.

The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled 

Model Aircraft, of which, 10 hours will be flying sUASs.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include 

all preflight preparation and inspection, in flight operation, post flight requirements, and all 

procedures including but not limited to:

 Safe in flight operations

 Risk evaluation

 Current weather conditions for safe flight

The Observer must have the visual acuity to observe the sUAS and be able to communicate 

clearly with the PIC. The Observers duties are:

 Warning the PIC of any impending obstacles in the flight path of the sUAS.

 Warning the PIC of any deviations in the planned flight path of the sUAS.

 Warning the PIC should any unauthorized personnel appear in the area of the planned

flight.

The Observer will have the authority to order the PIC to terminate the flight should he feel the 

flight cannot be conducted safely.

General Operating Standards

• Nordhoff Photography & Cinematography will only operate its sUAS in line of sight of a pilot 

and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. 

Such operations will insure that the sUAS will "not create a hazard to users of the national 

airspace system or the public."

• Before an operation of a sUAS within 5NM of an airport with a control tower, the control tower 

will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and 

the times the sUAV will be operated. The sUAS will not be operated at an altitude of over 200 

feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

 Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators will be 

notified and the PIC will give the right of way to avoid flying in the proximity of full- scale aircraft. 

At no time will the sUAS be operated within the final approach course and the takeoff course of 

any runway. The sUAV will not be operated at an altitude of over 200 feet AGL. Weather 

minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 18 minutes.

• Flights will be terminated at 30% battery power reserve should that occur prior to the 18minute 

limit.

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 200 

feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.
• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbals).

• The sUAS will operate at speeds of no more than 25 knots, can hover, and can simultaneously 

move vertically and horizontally.

• Given the small size of the sUAV and the restricted sterile environment within which they will 

operate, our sUAV operations adhere to the Reform Act's safety requirements.

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel. The sUAS operates at lower altitudes with no people on board and 

will thereby reduce current risk levels, enhance safety and diminish the likelihood of death or 

serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this 

offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The benefits of reduced cost and improved quality of presentation 

from the sUAS over manned aircraft will be valuable to and benefit many buyers and sellers of 

real property, farmers and ranchers, and local city officials to monitor our local water supply.

Additionally, we request that we be allowed to use our system to benefit first responders nearby 

who might require assistance, including fire fighters, police, sheriff, etc., all while remaining 

subject to all limitations cited below:

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an 

airspeed of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

5

(d) Operations will be restricted to flights over private property with the permission of the 

property owner;

(e) All required permits will be obtained from state and local government prior to operation; (f) 

Nordhoff Photography & Cinematography will not be operated over densely populated areas;

(g) Nordhoff Photography & Cinematography will not be operating over any open-air assembly 

of people;

(h) Nordhoff Photography & Cinematography will not be operating over heavily trafficked roads;

(i) Nordhoff Photography & Cinematography will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Nordhoff Photography & Cinematography requests an exemption from the following regulations 

as well as any additional regulations that may technically apply to the operation of the sUAV 

System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Inspire1 under either or both of the 

following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. Since 
the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. Combined 

with the UAS's light weight, being constructed primarily of carbon fiber and plastic, we propose 

that the UAS will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not appropriate for 

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the 

requirement for an airworthiness certificate in general, citing the equivalent level of safety 

outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) 

and others in the vicinity of the aircraft while it is preparing for launch will be able to see the 

designation. Additionally, we feel that the permanent placard discussed in the previous 

paragraph will provide the aircraft's registration information at the ground station. Finally, we will 

display at the ground station a high contrast flag or banner that contains the words "Unmanned 

Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 

0.263 NM of the ground station, the banner should be visible to anyone that observes the 

aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. Our proposed operations require that the PIC 

must hold at least a Private Pilot Certificate with a Class III Medical issued by the FAA and since 

the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight, and ready for presentation for any governing official upon request.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests
The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. Although the DJI Inspire 1 is

capable of duel/linked controls, Nordhoff Photography & Cinematography will be operating with 

a single remote controller as well as a second in operation of the camera and gimbal. Evan 

Nordhoff of Nordhoff Photography & Cinematography will be the only pilot in control of the DJI 

Inspire 1.

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical 

mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures 

it would be necessary to operate closer than 500 feet to the items listed. Operations will only be 

flown over property or persons where permission has been obtained and careful pre- planned 

flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power 

unit fails, an emergency landing without undue hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles 

and structures is minimal compared to manned aircraft, which should be considered in granting 

the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 200 feet AGL and 

will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An 

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio 

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly 

updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the 

aircraft will never fly more than 0.263 NM from the point of intended landing, a full battery 

charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.47 pounds, 

the sUAS is too small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with 

the crew at the ground control station and available for inspection upon request. In order to 

identify the aircraft, we propose that the information found on airworthiness and

registration certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 
91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

Nordhoff Photography & Cinematography will be using the UAS in a variety of applications that 

generally require expensive full-size manned aircraft to complete. Small, light, unmanned aerial 

vehicles offer more efficient and safer benefits over the use of full-sized manned aircraft for 

aerial photography, advanced agriculture monitoring, film and still photography, real estate 

marketing, (see attachment 4), and water supply monitoring. Due to drought conditions in the 

area over the past few years, this would greatly supply safer, faster, and more efficient 

information to our local officials who need this information about the lake levels and our water 

supply.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting Nordhoff Photography & Cinematography’s requested exemptions, the FAA will help 

drive development of safe and successful commercial UAS operations and will advance the 

public knowledge base for such operations. Nordhoff Photography & Cinematography is 

committed to promoting the UAS research efforts of policymakers including the FAA, NASA, 

DOD and DARPA by sharing data from its commercial UAS operations and serving as a 

resource for future UAS research operations. Thus, the FAA has good cause to grant this 

Petition.

Conclusion

As pointed out in this application, the DJI Inspire1 which our company would use, under 

authorization by the US DOT-FAA, is a small, light-weight device operated within the line of sight 

of the Pilot-in-Command (PIC), less than 200 feet above the ground and outside 5 miles from 

any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless 

the air traffic control authorities (ATC) have been notified and have authorized each flight within 

a radius of this distance.

The DJI Inspire1 has been proven capable for controlled flight. It is a UAS offered for general 

sale on the market around the world and have often been used as Model Aircraft in the USA. 

We are certain that the studies conducted until now by the FAA, about Section 332, Public Law 

112-95, 2014, have already provided you with the assurances on the airworthiness of sUAS 

such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Nordhoff 

Photography & Cinematography should be permitted to conduct small UAS operations in 

accordance with its manuals and all other operating parameters deemed necessary and 

appropriate by the FAA.

The submission of this application and its contents is the best demonstration that indeed it is 

possible to pursue the authorization process so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions.

Signed

Evan Nordhoff - Nordhoff Photography & Cinematography