October 10, 2015 

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590 

RE: NOMAD IMAGE LLC.

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 

AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 

OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

Jerry Karst

Owner

Nomad Image LLC.

301 Zeta street Unit 1

Golden, Colorado 80401 

303-944-6333 

nomad-image@live.com

Page 1 of 25
TABLE OF CONTENTS Page 

GLOSSARY OF 

ABBREVIATIONS....................................................................................3 

SUMMARY.............................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER........................................4 

BACKGROUND........................................................................................4 

BASIS FOR PETITION...............................................................................5 

NAME AND ADDRESS OF PETITIONER........................................................6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH NOMAD IMAGE LLC. 

SEEKS EXEMPTION............................................................................................................6 

THE EXTENT OF RELIEF NOMAD IMAGE LLC. SEEKS AND THE REASON 

NOMAD IMAGE LLC. SEEKS THE RELIEF....................................................9 

THE REASONS WHY GRANTING NOMAD IMAGE LLC.’S REQUEST WOULD 

BE IN THE PUBLIC INTEREST ...................................................................12 

THE REASONS WHY GRANTING THE EXEMPTION TO NOMAD IMAGE LLC. 

WOULD NOT ADVERSELY AFFECT SAFETY ................................................19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................23 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT NOMAD IMAGE LLC.’S REQUEST................................................23 

CONCLUSION.........................................................................................24 

APPENDICES......................................................................................... 24

Page 2 of 25
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level Area of Interest

AOI Area of Interest 

ATC Air Traffic Control

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing 

Page 3 of 25
SUMMARY

NOMAD IMAGE LLC. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), 

to operate an Unmanned Aircraft System (DJI Phantom 3 and DJI Inspire 1) pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 

NOMAD IMAGE LLC. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction sites, residential and 

commercial real estate, civil landscapes and events over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

NOMAD IMAGE LLC. has for over three years provided their clients (which include private 

sector businesses and non-profits) with expertise and knowledge in video and multimedia 

marketing, advertising, public relations and training using advanced technologies and solutions. 

NOMAD IMAGE LLC. has worked on many productions over the past 3 years in all types of 

locations with a perfect client and employee safety record. In the past we have supplied our 

clients aerial video and photography using aerial boom lifts. The objective of NOMAD IMAGE 

LLC. and our Unmanned Aircraft System (DJI Phantom 3 and DJI Inspire 1) aerial operations is 

to provide a more affordable, high-quality production system for a variety of commercial, public, 

and residential uses, specifically targeting 

• Construction sites before and after 

• Building and Bridge inspection 

• Real-estate marketing 

• Economic development 

• Civic landmarks 

• Special event coverage 

We have been safely operating small RC electric quad/hexicopters recreationally for 

approximately 5 years without incident. 

 BACKGROUND

 Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1, UAS 

NOMAD IMAGE LLC. seeks an exemption to operate DJI Phantom 3 and DJI Inspire 1 

systems for compensation or hire within the NAS. The DJI Phantom 3 and DJI Inspire 1 

are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control 

Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 and 

DJI Inspire 1 has a maximum gross weight of approximately 2.8 lb. and 6.6 lb. 

respectively while having a diagonal dimension of 23.2”, a maximum speed of 

approximately 16.4’ fps and a maximum flying height of 400'. The DJI Phantom 3 and 

DJI Inspire 1 are equipped with four main rotors; driven by an intelligent Lithium 

Polymer battery powered electric motors. 

The DJI Phantom 3 and DJI Inspire 1 that will be operated by NOMAD IMAGE LLC. 

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 

14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, 

Identification and Registration Marking. 

Page 4 of 25
BASIS FOR PETITION

Petitioner, NOMAD IMAGE LLC., pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 3 and DJI Inspire 1, UAS in the 

National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, NOMAD IMAGE LLC. operation of DJI Phantom 3 and 

DJI Inspire 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, NOMAD IMAGE LLC. requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

NOMAD IMAGE LLC. submits that the requested relief is proper since an equivalent level of 

safety will be ensured. NOMAD IMAGE LLC. will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Maintenance Logs, and DJI 

Phantom 3 and DJI Inspire 1 Instruction Manuals). Furthermore, NOMAD IMAGE LLC. will 

document and maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges 

and limitations: Pilot in command, is requested by NOMAD IMAGE LLC. to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as 

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom and DJI 

Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

NOMAD IMAGE LLC. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 and DJI Inspire 1 UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, NOMAD IMAGE LLC. submits that 

they will ensure that the DJI Phantom 3 and DJI Inspire 1 UAS are in an airworthy condition, 

prior to every flight, by determining that the UAS are in compliance with the operating 

documents (i.e., Maintenance Logs, and DJI Phantom 3 and DJI Inspire 1 Instruction Manuals), 

and that the aircrafts are in a condition for safe flight. 

Page 5 of 25
NOMAD IMAGE LLC. also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 and DJI Inspire 1 UAS will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 and DJI 

Inspire 1 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and 

radio communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path. This altitude information, combined with NOMAD IMAGE LLC.’s 

operation of the DJI Phantom 3 and DJI Inspire 1 UAS within visual line of sight, at or below 

400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, NOMAD IMAGE LLC. seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. NOMAD IMAGE LLC. 

submits that safety will not be affected by operation of the DJI Phantom 3 and DJI Inspire 1 UAS 

during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to fly for a total duration of approximately 23 minutes. 

Battery power indicators are also able to show exactly how much battery power is left, as well as 

how much time is needed to return safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, NOMAD IMAGE LLC. provides the following 

information in support of its petition for exemption: 

A. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 

Jerry Karst

Owner

Nomad Image LLC. 

301 Zeta street Unit Golden, Colorado 80401 

1-303-944-6333 

nomad-image@live.com

 

B. The Specific Sections Of 14 C.F.R. From Which NOMAD IMAGE LLC. Seeks 

Exemption. 

1. NOMAD IMAGE LLC. Seeks Exemption From The Requirements Of Section 61.113(a) 

And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections 

(a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if— 

(1) The flight is only incidental to that business or employment; and 

Page 6 of 25
(2) The aircraft does not carry passengers or property for compensation or hire. 

2. NOMAD IMAGE LLC. Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. NOMAD IMAGE LLC. Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating-- 

(1) Below 18,000 feet MSL, to-- 

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure. 

4. NOMAD IMAGE LLC. Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least 20 minutes. 

5. NOMAD IMAGE LLC. Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner 

or operator of an aircraft— 

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter[.] 

Page 7 of 25
6. NOMAD IMAGE LLC. Seeks Exemption From The Requirements Of Section 91.407(a)

(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter[.] 

7. NOMAD IMAGE LLC. Seeks Exemption From The Requirements Of Sections 91.409(a)

(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had -- 

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of 

this chapter. 

8. NOMAD IMAGE LLC. Seeks Exemption From The Requirements Of Sections 91.417(a) 

And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner 

or operator shall keep the following records for the periods specified in paragraph (b) of this 

section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include-- 

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

Page 8 of 25
(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the 

AD or safety directive involves recurring action, the time and date when the next action is 

required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with 

the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall 

be retained until the defects are repaired and the aircraft is approved for return to service. 

C. The Extent Of Relief NOMAD IMAGE LLC. Seeks And The Reason NOMAD IMAGE 

LLC. Seeks The Relief. 

1. Extent Of Relief NOMAD IMAGE LLC. Seeks And The Reason NOMAD IMAGE LLC. 

Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC 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. 

As set forth more fully below, NOMAD IMAGE LLC. submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate the DJI Phantom 3 and DJI Inspire 

1 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that 

the PIC is able to safely operate either the DJI Phantom 3 and DJI Inspire 1 UAS in a manner 

consistent with the operations specifications as described in this exemption, including evasive 

Page 9 of 25
and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Further, NOMAD IMAGE LLC. submits that all flights of the DJI Phantom 3 and DJI Inspire 1 

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The 

NOMAD IMAGE LLC.’s business; and (2) will not carry passengers or property for 

compensation or hire. 

2. Extent Of Relief NOMAD IMAGE LLC. Seeks And The Reason NOMAD IMAGE LLC. 

Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow NOMAD IMAGE LLC. to determine that the DJI Phantom 3 and DJI Inspire 1 

UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating documents (i.e., NOMAD IMAGE LLC. Aerial Operations Manual, 

Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). 

NOMAD IMAGE LLC. seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1 

UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, NOMAD IMAGE LLC. will ensure that the DJI Phantom 3 and DJI Inspire 1 UAS 

are in airworthy condition based upon their compliance with the operating documents (i.e., 

Maintenance Log, and DJI Phantom 3 and DJI Inspire 1) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and 

limitations below. 

3. Extent Of Relief NOMAD IMAGE LLC. Seeks And The Reason NOMAD IMAGE LLC. 

Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet 

above ground level (AGL), The NOMAD IMAGE LLC. seeks the requested relief because the 

DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought 

to the extent necessary to comply with the applicable conditions and limitations stated below. As 

more fully set forth herein, an equivalent level of safety will be maintained since the DJI 

Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each flight, 

and provides the PIC with altitude information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief NOMAD IMAGE LLC. Seeks And The Reason NOMAD IMAGE LLC. 

Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

Page 10 of 25
(VFR), for a total duration of 23 minutes. NOMAD IMAGE LLC. Seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery 

powered DJI Phantom 3 and DJI Inspire 1 UAS will severely constrain the practicality of any 

aerial video or still photo flight operations that NOMAD IMAGE LLC. Seeks proposes to 

conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 and DJI 

Inspire 1 UAS, the DJI Phantom 3 and DJI Inspire 1 operating documents, and NOMAD 

IMAGE LLC.’s proposed operating limitations, ensure that NOMAD IMAGE LLC. will safely 

operate the battery powered DJI Phantom 3 and DJI Inspire 1UAS during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery 

power to fly for a total duration of 23 minutes. 

5. Extent Of Relief NOMAD IMAGE LLC. Seeks And The Reason NOMAD IMAGE LLC. 

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & 

(b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, NOMAD IMAGE LLC. requests relief from these 

Sections because the DJI Phantom 3 and DJI Inspire 1 UAS do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 and DJI Inspire 1 UAS meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

NOMAD IMAGE LLC. will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in 

the UAS operating documents (i.e., the NOMAD IMAGE LLC. Aerial Operations Manual, 

Maintenance Log, and DJI Phantom 3 and Inspire 1 Instruction Manuals). Furthermore, 

NOMAD IMAGE LLC. will document and maintain all maintenance records for the DJI 

Phantom 3 and DJI Inspire 1 UAS. 

Page 11 of 25
D. The Reasons Why Granting NOMAD IMAGE LLC. Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing NOMAD IMAGE LLC. 

to safely, efficiently, and economically perform aerial video and photography of construction 

sites, real estate, events and civic landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 3 and DJI Inspire 1 UAS will decrease congestion of the 

NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

NOMAD IMAGE LLC.’s proposed operation of the DJI Phantom 3 and DJI Inspire 1 UAS will 

be realized without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 

The DJI Phantom 3 and Inspire 1 UAS are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By 

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 

allowing the use of a DJI Phantom 3 and DJI Inspire 1 UAS would reduce the amount of manned 

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 and 

DJI Inspire 1 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned 

aircraft conducting aerial video and photography missions would result in fewer aircraft that 

must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 and 

Inspire 1 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 1 UAS, instead of 

manned aircraft or aerial boom lifts, will greatly benefit the public by drastically reducing the 

levels of air and noise pollution generated during traditional aerial video and still photography 

flight operations. By using battery power and electric motors, the DJI Phantom 3 and DJI Inspire 

1 UAS produce no air pollution, and is the most viable environmentally conscious alternative to 

the cabin class, six cylinder internal combustion engine aircraft and that are typically utilized for 

aerial video and photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel and the reduction in ground level emissions from diesel aerial boom lifts. The DJI 

Phantom 3 and DJI Inspire 1 UAS, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, 

rather than an internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and 

property in the air and on the ground, which is usually associated with traditional manned aircraft 

flight operations and aerial boom lift operations, scaffolding and rope access will be substantially 

reduced or completely eliminated. Aside from the lack of flight crew members located onboard 

the aircraft, the DJI Phantom 3 and DJI Inspire 1 UAS (weighing approximately 2.8 pounds and 

6.4 lb. respectively at their maximum gross weight with diagonal dimension of 23.2 and 26 

Page 12 of 25
inches, and with no fuel on board), has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that typically conduct 

similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 and DJI 

Inspire 1 UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 and DJI Inspire 1 UAS are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Phantom 3 UAS will allow United States based companies, like NOMAD 

IMAGE LLC., to remain competitive and contribute to growth of the U.S. economy. Specifically, 

with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory 

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new 

and alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom 3 and DJI Inspire 1 UAS is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility without the 

high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 and DJI Inspire 1 UAS, companies such as NOMAD IMAGE 

LLC., can remain competitive and profitable, and therefore, provide greater job stability to 

employees and contractors, which will ultimately contribute to growth of the U.S. economy. 

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 

3 and DJI Inspire 1 UAS, provides a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in research and 

development in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

NOMAD IMAGE LLC.’s proposed operation of the DJI Phantom 3 and DJI Inspire 1 UAS will 

not implicate any privacy issues. Specifically, the DJI Phantom 3 and DJI Inspire 1 UAS will be 

operated only in compliance with operating documents (i.e., NOMAD IMAGE LLC. Aerial 

Operations Manual, Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual) 

which requires property owner involvement as well as local law enforcement notification, and in 

accordance with the Federal Aviation Regulations, including the minimum altitude requirements 

of 14 C.F.R. § 91.119. 

E. 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 NOMAD IMAGE LLC. Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 UAS Meet The Conditions Of The 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, NOMAD IMAGE LLC.’s operation of the DJI Phantom 3 

Page 13 of 25
and DJI Inspire 1 UAS meet the conditions of FMRA Section 333, and will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification and sets 

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection 

(a), the Secretary shall determine, at a minimum-- 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, 

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

line of sight do not create a hazard to users of the national airspace system or the public or pose 

a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification 

under section 44704 of title 49, United States Code, is required for the operation of unmanned 

aircraft systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary 

shall establish requirements for the safe operation of such aircraft systems in the national 

airspace system. 

In seeking this exemption, NOMAD IMAGE LLC. submits that the DJI Phantom 3 and DJI 

Inspire 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by: (a) the characteristics of the DJI Phantom 3 and Inspire 1 UAS; (b) the pilot certification 

requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 and Inspire 1 UAS Demonstrate Its Safe 

Characteristics. 

The DJI Phantom 3 and DJI Inspire 1 UAS does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability. 

i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 1 UAS. 

The technical specifications of the DJI Phantom 3 and DJI Inspire 1 UAS are set forth by the DJI 

Phantom 3 and DJI Inspire 1 User Manuals, attached hereto as Appendix A. 

ii. The DJI Phantom 3 and DJI Inspire 1 UAS Global Positioning Modes Enable The UAS 

To Remain Within A Defined Operational Area. 

Page 14 of 25
The DJI Phantom 3 and DJI Inspire 1 UAS may be operated in both manual and global 

positioning flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 3 and DJI Inspire 1 UAS is provided at pages 11 of the DJI User Manual attached 

hereto as Appendix A. 

iii. The DJI Phantom 3 and DJI Inspire 1 UAS Are Designed For Automatic Return To 

Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 and DJI Inspire 1 UAS will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 and DJI Inspire 1 UAS 

does not reacquire control link data from the GCS, the UAS will assume that the Control Link is 

lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the 

takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 and DJI Inspire 1 UAS 

are set forth at pages 12 through 15 of the DJI Phantom 3 and DJI Inspire 1 User Manuals, 

attached hereto as Appendix A. 

iv. The DJI Phantom 3 and DJI Inspire 1 GCS And Their Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 and DJI Inspire 

1 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User 

Manual. Links to the DJI Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as 

Appendix A. 

b. Flight Operations Of DJI Phantom 3 and DJI Inspire 1 UAS Is Limited To The Line Of 

Sight Of A Certificated Pilot in Command With A Safety Observer. 

NOMAD IMAGE LLC. video production staff will be the only persons to act as a pilot in 

command (PIC) of the DJI Phantom 3 and DJI Inspire 1 UAS. Additionally, a safety observer 

will assist him at all times during flight time. 

c. Flights Of DJI Phantom 3 and DJI Inspire UAS Will Be Conducted Pursuant To Specific 

Operating Limitations. 

In seeking this exemption, NOMAD IMAGE LLC. proposes to commercially operate DJI 

Phantom 3 and DJI Inspire 1 UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific operating 

limitations. 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum 

gross weight: DJI Phantom 3 and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations 

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

2. UAS operations under this exemption will be limited to conducting operations for the purpose 

of aerial video and photography and inspection. 

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots. 

Page 15 of 25
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is made 

and approved by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The UAS 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. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The SO 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 SO can perform the 

functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and is not permitted to operate the 

camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists between 

the conditions and limitations contained in the grant of exemption and the procedures outlined in 

the operating documents, the conditions and limitations contained in the grant of exemption 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 upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to the grant of exemption. If the 

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

granted the exemption, then the operator must petition for 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. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe 

flight. 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. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional 

test flight. The PIC who conducts the functional test flight must make an entry in the aircraft 

records. 

Page 16 of 25
12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the operating 

documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time 

in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

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

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third- class 

medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 

61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of 

the exemption. However, training operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations are considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at night is 

required, a special request will be made at the FAA office closest to proposed area of operations. 

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

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 

21. 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. 

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

Page 17 of 25
23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All operations shall be 

conducted in accordance with airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings 

in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request. 

29. The UA must remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC, SO, operator trainees or essential 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 and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles or structures has granted permission 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, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a). 

Page 18 of 25
32. All operations shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land owner/

controller or authorized representative will be obtained for each flight to be conducted. 

33. 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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety. 

NOMAD IMAGE LLC. submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 

3 and DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 and DJI Inspire 1 

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles and structures. 

Considering NOMAD IMAGE LLC.’s proposed area of operations, and the operating limitations 

set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those 

of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the DJI Phantom 3 and DJI Inspire 1 UAS, NOMAD IMAGE LLC. 

submits that the additional manned airmanship experience of a commercially certificated pilot 

would not correlate to the airmanship skills necessary for NOMAD IMAGE LLC.’s specific 

proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11158, 11159, 11160, 11161). 

NOMAD IMAGE LLC. will not allow any PIC to operate the DJI Phantom 3 and DJI Inspire 1 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

Phantom 3 and DJI Inspire 1 UAS training and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 3 and DJI Inspire 1 UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

Page 19 of 25
during NOMAD IMAGE LLC.’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would 

ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of 

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations 

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption. For clarification, the FAA considers these minimum hour requirements to be 

inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours 

of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft 

time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the 

skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that 

prior documented flight experience that was obtained in compliance with applicable regulations 

would satisfy this requirement. Training, proficiency, and experience-building flights can also be 

conducted under the grant of exemption to accomplish the required flight time. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA with 

appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, NOMAD IMAGE LLC. will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 3 and DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, NOMAD IMAGE LLC. will ensure that the DJI Phantom 3 and DJI Inspire 1 UAS 

is in an airworthy condition based upon the UAS’s compliance with its operating documents and 

as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

Page 20 of 25
The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom 3 and DJI Inspire 1 UAS will be provided to the PIC via 

GPS equipment and a radio communications telemetry data link, which downlinks from the UA 

to the GCS for active monitoring of the flight path and altitude. This altitude information, 

combined with NOMAD IMAGE LLC.’s operation of the DJI Phantom 3 and DJI Inspire 1 UAS 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. The altitude information will be generated by GPS equipment installed onboard 

the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the 

UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) 

the limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, NOMAD IMAGE LLC. will ensure that it will safely operate the 

battery powered DJI Phantom 3 and DJI Inspire 1 UAS during daylight hours in VFR conditions, 

with enough battery power to fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 and DJI 

Inspire 1 UAS; the limitations on the proposed flight operations; and the location of the proposed 

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the DJI Phantom 3 and DJI Inspire 1 UAS provide audible 

and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the 

first warning occurring at approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 

3 UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, NOMAD IMAGE LLC. submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because 

Page 21 of 25
NOMAD IMAGE LLC. will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in 

the operating documents (i.e., NOMAD IMAGE LLC. Aerial Operations Manual, Maintenance 

Log, and DJI Phantom 3 Instruction Manual). Furthermore, NOMAD IMAGE LLC. will 

document and maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UAS. 

Since the DJI Phantom 3 and DSJI Inspire 1 UAS will be inspected as prescribed by the 

operating documents, NOMAD IMAGE LLC. will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 

and DJI Inspire 1 User Manuals are attached hereto as Appendix A and B; a copy of the DJI 

Phantom 3 and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because NOMAD IMAGE LLC. 

will use trained technicians to perform maintenance, alterations or preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 and 

DJI Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented 

and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected 

when the technical characteristics and operating limitations of the UAS are considered. 

In consideration of NOMAD IMAGE LLC.’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 and DJI Inspire 1 UAS, NOMAD 

IMAGE LLC. submits that safety will not be adversely affected by granting exemption from 14 

C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA 

has previously granted relief specific to UAS in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. § 21.16 entitled Special Conditions, NOMAD IMAGE LLC. requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 3 and DJI Inspire 1 

UAS, which contain such safety standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited 

purpose of conducting aerial video and photography over certain areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a 

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness 

certification in accordance with any requirements that must be established for the safe operation 

of the UAS in the NAS. 

Page 22 of 25
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do 

not contain adequate or appropriate safety standards, due to the novel or unusual design features 

of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or 

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft 

engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe 

special conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b). 

• A Summary That Can Be Published In The Federal Register, stating: The Rules From 

Which NOMAD IMAGE LLC. Seeks Exemption: 

NOMAD IMAGE LLC. seeks exemption from the requirements of 14 C.F.R Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption NOMAD IMAGE LLC. Seeks: 

This exemption will permit NOMAD IMAGE LLC. to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain 

areas of the United States. 

• Any Additional Information, Views, Or Arguments Available To Support NOMAD 

IMAGE LLC.’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS 

may operate safely in the NAS. As such, NOMAD IMAGE LLC.’s request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

Page 23 of 25
As discussed in detail above, NOMAD IMAGE LLC. will operate the DJI Phantom 3 and DJI 

Inspire 1 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or 

otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, NOMAD IMAGE LLC. seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the DJI Phantom 3 and DJI Inspire 1 UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography 

over certain areas of the United States. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the interests of the public, by allowing NOMAD IMAGE LLC. to safely, 

efficiently, and economically operate the DJI Phantom 3 and DJI Inspire 1 UAS commercially 

within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, NOMAD IMAGE LLC. respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements of 14 

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b), and permit NOMAD IMAGE LLC. to operate the DJI Phantom 3 

and DJI Inspire 1 UAS commercially for the purpose of conducting aerial video and photography 

over certain areas of the United States. 

Dated: October 10, 2015 Respectfully submitted, 

Jerry Karst

Owner

Nomad Image LLC. 

301 Zeta street Unit Golden, Colorado 80401 

1-303-944-6333 nomad-image@live.com

Appendices:

A – Link to DJI Phantom 3 and DJI Inspire 1 Manuals: See links below 

http://download.dji- innovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.2_en.pdf 

http://download.dji-innovations.com/downloads/inspire_1/en/

Inspire_1_User_Manual_v1.4_en.pdf

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