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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No: _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: SKY GUARDIAN LLC FOR AN 

EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(a) &(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION 

OF THE PHANTOM 2 UASUNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF 

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

Submitted on February 25, 2015

 RICHARD F. SOTO

SKY GUARDIAN LLC

P.O. BOX 1074 

Bisbee, Arizona 85603 

Tel: (520) 236-6312
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TABLE OF CONTENTS 

Page GLOSSARY OF ABBREVIATIONS ............................................................................... . 3 

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

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

BACKGROUND ..........................................................................................................................5 

BASIS FOR PETITION ........................................................................................................... ...8 

NAME AND ADDRESS OF PETITIONER ..............................................................................11 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SKY GUARDIAN LLC SEEKS EXEMPTION 

......................................................................................................................................................11 

THE EXTENT OF RELIEF SKY GUARDIAN LLC SEEKS AND THE REASON SKY GUARDIAN LLC

SEEKS THE RELIEF ..................................................................................................................12 

THE REASONS WHY GRANTING SKY GUARDIAN LLC SERVICES” REQUEST WOULD BE IN THE 

PUBLIC INTEREST .................................................................................................................................. 

19 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY 

.......................................................................................................................................................22 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........................39 

CONCLUSION ............................................................................................................................40

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT SKY 

GUARDIAN LLC SERVICES” REQUEST 

...................................................................................ATTACHMENTS
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GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level

AOI Area of Interest 

ATC Air Traffic Control

ATO Air Traffic Organization AV Aerial Vehicle 

C.F.R. 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) Section 333 

SOP Standard Operating Procedures 

UA Unmanned Aircraft UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VO Visual Observer

VTOL Vertical Takeoff and Landing 
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SUMMARY 

Sky Guardian seeks exemption from the requirements of Part 21; and 14 C.F.R §§ 45.23(b); §§

61.113(a) & (b), 91.7(a), 91.9(b)2; 91.103(b); 91.109; 91.119, 91.121, 91.151(a) and (b), 91.203(a) 

& (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 pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). 

This exemption will permit Sky Guardian LLC to operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial acquisitions and research over certain populated and 

rural areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Sky Guardian LLC is an unmanned aircraft solutions provider that integrates UAS services that 

enable the UAS technology for federal, state, local, and commercial clients. Sky Guardian LLC is 

focused on providing solutions for utilizing unmanned aircraft to safely and efficiently collect data that 

is precise, accurate, and timely. 

Sky Guardian LLC’ s mission is to use unmanned aircraft to simplify and increase the 

effectiveness of data collection in: Natural Resources and Conservation, Construction and 

Infrastructure, Precision Agriculture, Mining Industry, Inspection, Monitoring and to provide the Film 

and Real Estate industries with augmented Video and Film Services. 

As set forth in this Petition, Sky Guardian LLC seeks to commercially operate its Phantom 2 UAS 

over certain populated and rural areas of the United States for the purpose of conducting aerial 

acquisitions and research. 
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BACKGROUND 

Unmanned Aircraft System: DLSR Pros Phantom 2 

Sky Guardian LLC seeks an exemption to operate the Sky Guardian Phantom 2 UAS for 

compensation or hire within the National Airspace System (“ NAS” ). The Phantom 2 is the DJI 

Phantom 2 Vision +. The inherent safety features, sophistication, programmability, GPS navigation, 

return home capability, airport vicinity no-fly feature and restricted altitude feature, as well as 

differentiating radio frequency (rf) for aircraft controller/receiver and for the camera make this a much 

safer UAV for the purposes of this petition. This is a hobby grade radio controlled UAV that has the 

capacity for software upgrades. It is light, less than 3 pounds including battery and camera. 

Incorporated into the programming of the Phantom is an automatic return home feature that 

automatically directs the craft back to point of takeoff should communication with the transmitter be 

lost. The Phantom has a cruising speed of 15 knots, with a maximum speed of 29 knots. Maximum 

flight time is 25 minutes. Gross weight is approximately 3 pounds. The Phantom has an additional 

communication link between the camera and craft on a different rf for a smart phone connection. 

Allowing the operator or Pilot In Command (PIC) to monitor battery level, altitude (AGL), distance 

from PIC, camera imagery, and control camera angle. 

The software for the Phantom allows the operator or PIC to set maximum altitude AGL for each 

flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as 

examples. The 400 foot maximum AGL can be programmed into the UAV's software pre-flight to 

insure compliance with FAA standards. Adding to the safety capabilities of this UAV. This UAV is 

programmed to remain in position when controls are released. Maintaining altitude and GPS location. 
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The Phantom has an altitude and radar monitoring function that allows the operator more precise 

determination of height, direction of flight and distance from the operator PIC. The operator or PIC 

can monitor GPS lock status while UAV is in flight, with the ability to anticipate loss of GPS locking so 

the operator or PIC can land the UAV as a precaution. Best explanation of the Phantom's 

sophistication and capabilities can be observed through a video explanation of an earlier model that 

was predecessor to the Phantom 2 Vision + through link http://youtu.be/3mqj-WBRKmE. The 

Phantom 2 Vision + maintains all capabilities defined in the video. 

The DJI Phantom 2 Vision +'s 2.4 ghz transmitter/controller/receiver rf for managing flight with a 

5.8 ghz rf transmitter/receiver for video/photography functions eliminates the rf conflict experienced 

with the Blade 350 QX, and is by far the safer of the two when considering public and NAS safety. 

Considering the programmability and safety features of this UAV (Phantom 2 Vision +), it serves as 

the best option to protect the Public and NAS for the purposes of this petition. 

 Similarities, Distinctions and Differences Though the petition of Astraeus Aerial (FAA-2014-0352), 

referred hereafter as the Astraeus Petition and or Petitioner Astraeus, has numerous similarities to 

that of Sky Guardian LLC, referred hereafter as the Sky Guardian LLC, there are some distinct and 

substantial differences. Like the Astraeus Petition, the Sky Guardian LLC is for UAV operation 

without pilot, passengers nor property on board. Considering that the Phantom UAV is a 

sophisticated hobby grade quad-copter with gross weight less than 3 pounds 

Aerial video/photography operations for private property owner’s aide with an enhanced perspective 

for characteristics, amenities, and benefits a private property that cannot be displayed through 

ground level video/photography. 

Sky Guardian LLC is using a UAV that has the capability for taking off and landing at a single point, 

identical to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to 

be flown to areas being aerial video recorded or photographed, allowing a reduced and more 

confined area of flight. 
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The Astraeus Petition is for movie sets involving a significant number of people, non-aerial 

equipment, moving or action sequences, and a potentially broad geographical area where individuals 

and equipment may be in motion. Requiring extensive observation, awareness, coordination, and 

safety precautions. The Sky Guardian LLC request for populated areas is for video/photography of 

stationary objects requiring briefer periods for recording in a tightly confined area. The stationary 

setting of objects poses significantly lower risks for safety, allowing the operator or Pilot In Command 

(PIC) to focus primarily on stationary objects for shorter periods of time. With the movie action 

scenes, numerous takes may require repeated flights, whereas a stationary object would in most 

cases require a single flight. 

Homeowner written consent for aerial video/photography shall be obtained prior to flight. Signs will 

be posted cautioning anyone within the vicinity to remain back a minimum of 200 feet. Observer(s) to 

assist and warn/advise the PIC will be utilized in situations where spectators may be within 500 feet 

of the flight area. The UAVs utilized in this petition are hobby grade quad-copters that do not require 

an airman certificate for non-commercial flight involving less restrictive less regulated flight. 

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV’s utilized in this 

petition are not complicated. Engineering and design allows layman maintenance. Recording part 

replacement for this UAV may prove redundant due to the simplicity of the craft. 

Sky Guardian LLC requests modification, waiver or exemption and clarification (within reason) 

concerning section 91.119 prohibition of flight in congested areas. Such restriction puts homeowners 

in subdivisions at a disadvantage by limiting enhanced marketing of their homes; thereby 

discriminating against them. Vertical takeoff and landing while video recording or photographing a 

home can allow an enhanced perspective for view or proximity of mountains, golf course, manmade 

lake or other attractions not possible through ground level video recording or photography. Sky 

Guardian LLC requests waiver for this condition to allow reasonable and responsible aerial 

video/photography in congested areas of subdivisions and neighborhoods. Sky Guardian LLC

requests a maximum height of 300 feet AGL. 
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In compliance with Section 90.151 (a) & (b) the Phantom is a battery operated UAV/UAS with 

battery level monitoring capability. Fully charged battery flight time is rated at 25 minutes, with 

videos/photos taking much less time to record. Operator or PIC is warned when battery level is low. 

Sky Guardian LLC requests waiver/exemption from Section 91.203 (a) &(b) since the Phantom is a 

hobby grade UAV/UAS that should not require an airworthiness certificate or a registration certificate. 

Posting of special flight authorization would not be possible since the Phantom has no cabin and is 

not large enough to carry a certificate. However, a special flight authorization can be maintained by 

the operator to make available upon request. 

The Phantom 2 UAV’s that will be operated by Sky Guardian LLC will and marked in accordance 

with 14 C.F.R. Part 45.2 Identification and Registration Marking. The Phantom 2 will be marked in 

the largest possible lettering by placing the word “Experimental” on its fuselage as required by. §

45.29(f) 

BASIS FOR PETITION 

Petitioner, Sky Guardian 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, Section 333, Special 

Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the 

Phantom 2 UAS in the NAS, and for an exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a),& (b) 91.203(a) 

& (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b). 
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In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Sky Guardian LLCs operation of the Phantom 2 UAS meets the 

conditions of Section 333 and therefore, will not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. 

Accordingly, Sky Guardian 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. 

Sky Guardian LLC submits that the requested relief is proper since an equivalent level of safety 

will be ensured. Sky Guardian LLC, will use their Operators to perform maintenance, alterations, or 

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

manufacturer’ s maintenance manual, Owners Operations Manual, Sky Guardian LLC Risk 

Management forms. Furthermore, Sky Guardian LLC will document and maintain all maintenance 

records for the Phantom 2 UAS. 

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

limitations: Pilot in command, is requested by Sky Guardian LLC to the extent necessary to allow a 

Pilot in Command (PIC) that has completed a certified ground school and has up to 8 hours of dual 

flight time with a Certified Flight Instructor or holds a Basic Ground or Advanced Ground Instructors 

certification, or holds a private pilot certificate and a third-class airman medical certificate or above, 

and who has completed the Phantom 2 UAS training, provided by Sky Guardian LLC and currency 

requirements which will consist of 3 three (20 minutes) missions every 6 months in a training 

environment, to conduct the proposed UAS operations. Sky Guardian LLC submits that the 

conditions and limitations set forth herein will ensure the safety of the NAS, as well as the safety of 

persons or property on the ground. 
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It is noted that there are many groups and agencies that are requiring the operators to hold a pilot 

certificate and medical certificate. We submit that since the 1970s the FAA has not required anyone 

to maintain a Pilot License to operate an ultralight 1 place aircraft. 

Under section 103 Certification and registration

(a) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, 

ultralight vehicles and their component parts and equipment are not required to meet the 

airworthiness certification standards specified for aircraft or to have certificates of airworthiness. 

(b) Notwithstanding any other section pertaining to airman certification, operators of ultralight 

vehicles are not required to meet any aeronautical knowledge, age or experience requirements to 

operate those vehicles or to have airman or medical certificates. 

( C ) Notwithstanding any other section pertaining to registration and marking of aircraft, 

ultralight vehicles are not required to be registered or to bear markings of any type. Under 

section 107.7 Certification and Registration 

(a) In addition for many years the FAA has not required operators who fly RC controlled airplanes 

and helicopters to have any certifications. Many of these operators have not received any Airman 

Knowledge training. Sky Guardian LLC operators will have attended a certified ground school giving 

them the basic Airman knowledge required to conduct flight operations 

Sky Guardian LLC seeks relief from Section 91.7(a), entitled civil aircraft airworthiness, because 

the Phantom 2 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. As such, Sky Guardian LLC submits that it will ensure that the Phantom 2 UAS is in 

an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the 

Phantom 2 UAS Operator Manual, and the Phantom 2 UAS Maintenance Manual, and that the UA is 

in condition for safe flight. 
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Sky Guardian LLC also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the Phantom 2 UAS is equipped with Global Positioning Systems (GPS) 

equipment, which ensures that a ground level pressure setting will be established prior to each 

flight. The Phantom 2 UAS GPS equipment ensure safety by providing the PIC with adequate 

information concerning altitude of the UA, above ground level (AGL), as shown on the heads-up 

display of the GCS. 

Additionally, Sky Guardian LLC seeks an exemption from the requirements of Section 

91.151 (a) and (b), Fuel requirements for flight in VFR conditions. Sky Guardian LLC submits that 

safety will not be affected by terminating flights of the battery powered Phantom 2 UAS after 20 

minutes of continuous flight, which would allow for five minutes (i.e., 20 percent) of battery power 

remaining. Flights over populated areas would last from anywhere between 10 and 20 minutes. 

In accordance with 14 C.F.R. § 11.81, Sky Guardian 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 is: 

Sky Guardian LLC

P.O. Box 1074 Bisbee, Arizona 85603 

The point of contact for this Petition and specific contact information is as follows: 

Richard F. Soto

Sky Guardian LLC

P.O. Box 1074

Bisbee, Arizona 85603 Tel: (520) 236-6312

Email: rsoto@Airspaceguardian.com
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B. The Specific Sections of 14 C.F.R. From Which Sky Guardian LLC Seeks Exemption. 

1. Sky Guardian 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 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 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. Sky Guardian 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. 

(b) Prescribes that the pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight and that the PIC shall discontinue the flight when un-airworthy 

mechanical, electrical, or structural conditions occur. 
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3. Sky Guardian LLC Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in relevant 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. Sky Guardian LLC Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (a) & (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. Sky Guardian 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—
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(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.

6. Sky Guardian 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. Sky Guardian 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. Sky Guardian LLC Seeks Exemption From The Requirements Of Sections 91.417(a) & 

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 
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(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. 

(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. 
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(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 Sky Guardian LLC Seeks And The Reason Sky Guardian LLC Seeks The 

Relief. 

1. Extent of Relief Sky Guardian LLC Seeks And The Reason Sky Guardian 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 who has completed an approved 

ground school with a passing grade and has completed no less than eight hours of dual flight hours 

or has a current BGI or AGI certification or who is holding a private pilot certificate and a third-class 

airman medical certificate, and who has completed the Phantom 2 UAS training and currency 

requirements, to conduct the proposed UAS flight operations for compensation. 

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. 
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As set forth more fully below, Sky Guardian LLC submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the Phantom 2 UAS unless that PIC has 

demonstrated, Airman’ s Knowledge through attendance of a certified ground school, and the 

Phantom 2 UAS training and currency requirements, that the PIC is able to safely operate the 

Phantom 2 UAS in a manner consistent with the operations specifications as described in this 

exemption, including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures. 

2. Extent of Relief Sky Guardian LLC Seeks And The Reason Sky Guardian 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 Sky Guardian LLC to determine that the Phantom 2 UAS is in an airworthy condition prior to 

every flight by ensuring that the UAS is in compliance with the Phantom 2 UAS Operator Manual, 

and the Phantom 2 UAS Maintenance Manual, and that the UAS is in condition for safe flight. 

Sky Guardian LLC seeks the requested relief because the Phantom 2 UAS does not require an 

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

LLC will ensure that the Phantom 2 UAS is in an airworthy condition based upon its compliance with 

the operating documents prior to every flight, and as stated in the conditions and limitations below. 

3. Extent of Relief Sky Guardian LLC Seeks And The Reason Sky Guardian LLC Seeks Relief From 

Section 91.121. 

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

the Phantom 2 UAS, which utilizes GPS equipment, to ensure that a ground level pressure setting 

will be established prior to each flight, in order to report altitude to the PIC. Sky Guardian LLC seeks 

the requested relief because the Phantom 2 UAS does not utilize a typical barometric altimeter 

onboard that may be set as contemplated by Section 
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91.121. As more fully set forth below, an equivalent level of safety will be maintained since the 

Phantom 2 UAS is equipped with GPS equipment, which will ensure that a ground level pressure 

setting will be established prior to each flight, and provides the PIC with altitude information of the 

UA, above ground level (AGL), on the heads-up display of the ground control station (GCS). 

4. Extent Of Relief Sky Guardian LLC Seeks And The Reason Sky Guardian 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 Phantom 2 UAS, during daylight hours 

in visual meteorological conditions under visual flight rules (VFR), to continue for a total duration of 

20 minutes, which will ensure that the UA will land with five minutes (i.e., 20 percent) of battery 

power remaining. Sky Guardian LLC seeks the requested relief, because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered Phantom 2 UAS will severely 

constrain the practicality of any aerial acquisition and research flight operations which Sky Guardian 

LLC proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the Phantom 2 UAS, Owners 

Operations and Maintenance Manual, and Sky Guardian LLC Services’ proposed operating 

limitations, ensure that Sky Guardian LLC will safely operate the battery powered Phantom 2 UAS 

during daylight hours in VFR conditions for a total flight duration of 20 minutes, landing with five 

minutes (i.e., 20 percent) of battery power remaining. 

5. Extent Of Relief Sky Guardian LLC Seeks And The Reason Sky Guardian 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, Sky Guardian LLC requests relief from these Sections 

because the Phantom 2 UAS does not require an airworthiness certificate. As set forth more fully 

below, the Phantom 2 UAS meets the conditions of Section 333 of the FMRA for operation without 

an airworthiness certificate. Accordingly, Sky Guardian LLC, will use Sky Guardian LLC operators to 

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

techniques, and practices prescribed in the manufacturer’ s maintenance manual. Furthermore, Sky 

Guardian LLC will document and maintain all maintenance records for the Phantom 2 UAS. 
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D. The Reasons Why Granting Sky Guardian LLC Services” 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 Sky Guardian LLC to safely, 

efficiently, and economically perform aerial acquisitions and research over rural and populated areas 

of the United States, commercially, in support of government entities, agriculture, scientific studies, 

wildlife monitoring, forestry operations, and the oil, gas, and mining industries. Additionally, use of the

Phantom 2 UAS will decrease congestion of the NAS, reduce pollution, and provide significant 

benefits to the economy. Notably, the benefits of Sky Guardian LLC’ s proposed operation of the 

Phantom 2 UAS will be realized without implicating any privacy issues. 

1. The Public Will Benefit From The Aerial Acquisition And Research Performed. 

Sky Guardian LLC submits this Petition to commercially operate the Phantom 2 UAS and perform 

aerial acquisition and research throughout rural and populated areas of the United States, in support 

of government entities, agriculture, scientific studies, wildlife monitoring, forestry operations, mining, 

and the oil and gas industries. The Phantom 2 UAS will provide safe, efficient, and economical aerial 

acquisition and research operations to further each of these fields, all of which are critical to the wellbeing of the general public. 

The specific operations that Sky Guardian LLC will perform with the Phantom 2 UAS demonstrate 

how the requested exemption will directly benefit the above-referenced industries and the public. In 

agriculture, the aerial acquisition performed by the Phantom 2 UAS will be used to predict and 

increase crop yields, as well as research for the prevention of crop disease. In the oil, gas and 

mining industry, the Phantom 2 UAS will be used to aid in facility inspections, survey and plan new 

worksites, conduct volumetric analysis, and perform right of way analysis. The Phantom 2 UAS will 

also further environmental management by researching invasive species, mapping deforestation, 

and surveying point source pollution. 
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2. The Public Will Benefit From Decreased Congestion Of The NAS. 

The Phantom 2 UAS is battery powered and serves 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 Phantom 2 

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 Phantom 2 UAS does not 

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey 

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. 

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

Conducting aerial acquisitions with the Phantom 2 UAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial survey flight operations. By using battery power and electric motors, the Phantom 

2 UAS produces no air pollution, and is the most viable environmentally conscious alternative to 

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

aerial acquisitions, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The 

Phantom 2 UAS, while reducing the carbon footprint of aerial acquisitions, also reduces noise 

pollution, as the UA is propelled by battery powered electric motors, rather than an internal 

combustion engine. 
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By using the Phantom 2 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, will be substantially reduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the Phantom 2 UAS (weighing approximately 3 pounds at its 

maximum gross weight, 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 aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 

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

4. Performing Aerial Acquisition Operations With The Phantom 2 UAS Will Benefit The 

Economy. 

In addition to being safe and efficient, the Phantom 2 UAS is also an economical alternative to using 

manned aircraft to conduct aerial acquisitions. As such, operation of the Phantom 2 UAS will allow 

United States based companies, like Sky Guardian 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 Phantom 2 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 Phantom 2 UAS, 

companies such as Sky Guardian 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 

Phantom 2 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. 
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5. There Are No Privacy Issues. 

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

Guardian LLC’ s proposed operation of the Phantom 2 UAS will not implicate any privacy issues. 

Specifically, the Phantom 2 UAS will be operated only in rural areas, and in accordance with all 

Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

Most significantly, the Phantom 2 UAS will not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure, which is not directly involved in the operation. 

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 Sky Guardian LLC Seeks Exemption. 

1. Reasons Why The Phantom 2 UAS Meets 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, Sky Guardian LLC’ s operation of the Phantom 2 UAS meets 

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: 
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(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, Sky Guardian LLC submits that the Phantom 2 UAS can operate safely in 

the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Phantom 

2 UAS; (b) the pilot training requirement; and (c) the specific operating limitations. 
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a. The Specifications Of The Phantom 2 UAS Demonstrate Its Safe Characteristics. 

The Phantom 2 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. 

ii. The Phantom 2 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

A complete description of the autonomous modes and methods of navigation for the Phantom 2 

UAS is provided in the Phantom 2 UAS Operator Manual. A copy of the Phantom 2 UAS Operator 

manual is contained in this request. 

iii. The Phantom 2 UAS Is Designed For Complete Autonomy From Launch To Landing Even In 

The Unlikely Event Of Loss Of The Control Link Or Navigation. 

Although a degradation or loss of the control link, and/or degradation or loss of the source of 

navigation is unlikely, it is a situation that is well planned for and therefore, is a benign event. The 

Phantom 2 UAS is designed for complete autonomy from launch to landing with a line of sight 

operator in the loop monitoring the airframe. 

The Phantom 2 UAS uses a two-stage failsafe approach for all avionics failure conditions, including 

the event of a loss of communications (“Lost Link”). Upon loss of the communication signal, the 

Phantom 2 UAS will attempt to reacquire the link. If after 10 seconds the link has not been 

reacquired, the Phantom 2 UAS will continue to attempt to reacquire the link while maintaining the 

current altitude and navigating to the home waypoint, which is the same as the location of the ground 

control station. Once at the home waypoint, the Phantom 2 UAS will hover while continuing its 

attempt to reacquire the link for 30 seconds (to allow for rebooting of the ground control station, if 

needed). The Phantom 2 UAS will then continue to attempt to re-acquire the link while it navigates 

through the landing procedure. 

The landing procedure for Lost Link is identical to a normal landing procedure. The Phantom 2 

UAS will enter into a hover-land procedure; descending while reducing speed until contact with 

the ground. During this decent and touchdown, the Phantom 2 UAS will remain in controlled flight. 

Loss of GPS signal will result in a two-tiered recovery approach. Upon loss of a GPS signal, the 

Phantom 2 UAS will immediately hover in an attempt to reacquire a signal. If after 15 seconds, a 

GPS signal is not reacquired, the UA will enter tier-two recovery. At any time during either tier-one 

or tier-two recovery, the operator can take over with augmented control and utilize its onboard 
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magnetometer to navigate back to the home waypoint through dead-reckoning. During this failure 

mode, the observer will call out UA position and movement back to the operator. Once the UA is 

close enough to resolve orientation, or if operating with a live video payload, the operator can 

engage manual control and perform a manual landing at the pre-decided landing site. 

If a cascade of failures has occurred and Lost-Link has also occurred during tier-two recovery, 

the Phantom 2 UAS will enter into a hover-land procedure; descending while reducing speed until 

contacting the ground. Throughout this decent and touchdown, the Phantom 2 UAS will remain in 

controlled flight. 

The Phantom 2 UAS Operator Manual fully describes the features of the Phantom 2 UAS, and sets

forth the UA’ s operation in the event of a power loss, loss of communications, loss of GPS signal, 

loss of video link, or software crash. A copy of Phantom 2 UAS Operator Manual is included in this 

application 

iv. The Phantom 2 UAS Ground Control Station And Its Operation. 

The Phantom 2 UAS Ground Control Station is identical to the GCS utilized by the Sky Guardian 

LLC Phantom 2 UAS, which has been granted exemptions to operate commercially in the NAS. See 

Exemption Nos. 11111 and 11114. A complete description of the operation and specifications of the 

ground control station (GCS) and flight control software for the Phantom 2 UAS is provided in the 

Phantom 2 UAS Operator Manual. A complete overview of the features and operation of the GCS 

software is provided at Chapter 7. 

v. Safe Mobile Operation Of The Phantom 2 UAS. 

The Phantom 2 UAS may be safely operated by a Pilot-in-Command (PIC) and safety 

observer co-located with a GCS on a mobile vehicle or watercraft, in order to efficiently perform 

aerial acquisition operations of large areas. As set forth in the Airspace Operations Manual and 

Systems Operations Manual, additional limitations and requirements apply to mobile operations 

of the Phantom 2 UAS, including the following: 
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The driver/operator of the mobile vehicle must be licensed and fully understand his/her role in the 

operation. 

The mobile vehicle must be organized and clear of any unnecessary debris prior to the 

operation. 

Equipment and personnel positioning within the vehicle must be predetermined and agreed upon by 

the team. Each team member must use appropriate safety restraint equipment, and such equipment 

should not interfere with safe flight. 

The PIC must have ready communication with the driver/operator of the mobile vehicle, as well as 

the safety observer. 

GCS software must be configured for constant updating of GCS position on the map overlay, 

and the PIC must be kept aware of mobile vehicle position. The GCS must be mounted or fixed 

to the mobile vehicle to ensure that no excess movement will shift the GCS during operations. 

The route of the mobile vehicle must be determined prior to operation. The PIC must ensure 

that no part of the route will obscure the safety observer’ s view or cause any physical 

obstacles or obstructions to any member of the flight team. 

The Area of Interest (AOI) must be large enough to warrant mobile operations, and the UA cannot be 

allowed to exit the AOI under any circumstance. The only change to the standard operating 

procedures (SOP’s) with mobile operations must be an update of the LOL (Loss of Link) site. Mobile 

operations are only permitted if suitable LOL sites are within 500 ft. of the PIC at all times. The entire 

AOI must also meet the “sterile environment” of a static site as described on page 4-4 of the 

Operations Manual, otherwise mobile operations are prohibited. 
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b. Flight Operations of the Phantom 2 UAS Are Limited to the Line Of Sight of a Pilot in 

Command with a Safety Observer. 

Sky Guardian LLC will only utilize pilots who have attended a certified ground school and passed 

the course and a minimum of 8 flight in a manned aircraft, or hold a BGI, AGI certification or possess 

a pilot certificate or above and a valid airman medical certificate to act as a pilot in command (PIC) of 

the Phantom 2 UAS. Additionally, a safety observer will assist all pilots. Both the PIC and safety 

observer must complete the Sky Guardian LLC Phantom Course and meet the experience 

requirements as set forth in the Operations Manual. 

c. Flights Of The Phantom 2 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, Sky Guardian LLC proposes to commercially operate the Phantom 2 

UAS for the special purpose of conducting aerial acquisitions over rural and populated areas of the 

United States, pursuant to the following specific operating limitations: 1) Operations authorized by the 

grant of exemption will be limited to the following aircraft described in the operating documents, 

which is a four-rotor, vertical takeoff and landing, unmanned aircraft weighing less than 3 pounds: 

Sky Guardian LLC Phantom 2. Proposed operations of any other aircraft will require a new petition or 

a petition to amend the grant.

2) The Phantom 2 UAS may not be flown at an indicated airspeed exceeding 20 knots. 

3) The Phantom 2 UAS must be operated at an altitude of no more than 1,200 feet above ground 

level (AGL). All altitudes reported to ATC must be in feet. 
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4) The Phantom 2 UAS must be operated within visual line of sight (VLOS) of the Pilot in Command 

(PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other 

than corrective lenses. 

5) All operations must utilize a Visual Observer (VO). The VO may be used to satisfy the VLOS 

requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able 

to communicate verbally at all times. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can 

perform the functions prescribed in the operating documents. 

6) The operating documents and the grant of exemption must be maintained and made available to 

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

exemption and the procedures outlined in the operating documents, the conditions and limitations 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. 

7) Prior to each flight, the PIC must inspect the Phantom 2 UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the Phantom 2 UAS, the 

Phantom 2 UAS is prohibited from operating until the necessary maintenance has been performed 

and the Phantom 2 UAS is found to be in a condition for safe flight. The Phantom 2 UAS Ground 

Control Station must be included in the preflight inspection. All maintenance and alterations must be 

properly documented in the aircraft records. 8) Any Phantom 2 UAS 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 
Page 29 of 41

entry in the Phantom 2 UAS aircraft record of the flight. 

9) In addition to the pre-flight inspection section in the operating documents, the preflight inspection 

must also account for all discrepancies, i.e. inoperable components, items, or equipment, not already 

covered in the relevant sections of the operating documents. 

10) The operator must follow the Phantom 2 UAS manufacturer’s UAS aircraft/component, 

maintenance, overhaul; replacement, inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations must be noted 

in the aircraft logbook, including total flight hours, description of work accomplished, and the 

signature of the authorized Phantom 2 UAS maintenance personnel or PIC returning the Phantom 2 

UAS to service. 

12) The operator’s Phantom 2 UAS authorized maintenance personnel or PIC must make a record 

entry in the UAS logbook or equivalent document of the corrective action taken against 

discrepancies discovered between inspections. 

13) The operator’s Phantom 2 UAS authorized maintenance personnel, PIC, and VO must receive 

and document training referenced in the operating documents. 
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14) The UAS operated under the exemption must comply with all manufacturer System and Safety 

Bulletins. 

15) The PIC must at least pass an authorized Ground School and have up to 8 hours dual flight 

time with a CFI or hold a BGI or AGI certification or have a FAA-issued private pilot certificate and 

a valid FAA-issued airman medical certificate. 

16) Prior to operating for hire, the PIC, and VO must have successfully completed Sky Guardian 

LLC’ s training syllabus as outlined in the operating documents. In addition, the PIC and VO must 

also have successfully completed annual (recurrent) training in accordance with the operating 

documents. A record of training must be documented and made available upon request by the 

Administrator. Training, proficiency, and experience-building flights for the purpose of training pilots 

and VOs to conduct flights authorized by the exemption are permitted under the terms of the 

exemption. 

17) If the Phantom 2 UAS loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land, or be recovered in accordance with 

the operating documents. 

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

19) 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. 
Page 31 of 41

20) The Phantom 2 UAS 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. or marked “ EXPERIMENTAL” as large 

possible. 

21) Before conducting flight operations, the radio frequency spectrum used for operation and 

control of the Phantom 2 UAS must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

22) The documents required under 14 C.F.R §§ 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the Phantom 2 UAS any time the aircraft is operating. These documents 

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

23) The Phantom 2 UAS must remain clear and yield the right of way to all other aircraft 

operations and activities at all times. 

24) If the Phantom 2 UAS is operated from a moving device or vehicle, the operation must be in 

accordance with the operating documents. 

25) Phantom 2 UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 

Unless equipped with night vision capabilities and for government support. 

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

2 UAS 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. 

27) During operations in the National Airspace System, the UA may not operate within 5 nautical 

miles of the geographic center of an airport 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. 
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28) The Phantom 2 UAS may operate over congested or densely populated areas in support of 

Filming and Real Estate support. These areas include, but are not limited, to the yellow areas 

depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or 

Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local 

information. Ultimately, it is the PIC’s responsibility to maintain the minimum safe altitudes required 

by 14 C.F.R. § 91.119. 

29) Operation of the Phantom 2 UAS must be conducted at least 500 feet from all persons, vessels, 

vehicles, and structures not directly involved in the operation.

30) Operations of the UA may be conducted at distances less than 500 feet from participating 

persons, vessels, vehicles or structures that perform an essential function in connection with the 

special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees 

and essential persons, are permitted when operationally necessary; but never so close as to 

present an undue hazard, per 14 C.F.R. § 91.119(a). 

31) Operations of the UA may be conducted at distances less than 500 feet from unoccupied 

vessels, vehicles or structures owned by the land owner/controller when the land owner/controller 

grants such permission and the PIC makes a safety assessment of the risk from operations 

closer to these objects. 
Page 33 of 41

32) All operations shall be conducted 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 meeting the requirements of 49 C.F.R. Part 

830 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. 

Sky Guardian LLC submits that an equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the Phantom 2 UAS unless that 

PIC has demonstrated, through the Phantom 2 UAS training and currency requirements, that the 

PIC is able to safely operate the Phantom 2 UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Considering Sky Guardian 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 Phantom 2 UAS, Sky Guardian LLC submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for Sky Guardian LLC’ s specific proposed flight operations. 

Additionally, 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, and 11138). 
Page 34 of 41

As in Exemption No. 11109, Sky Guardian LLC will not allow any PIC to operate the Phantom 2 

UAS unless that PIC has demonstrated through the Phantom 2 UAS training and currency 

requirements that the PIC is able to safely operate the Phantom 2 UAS in a manner consistent 

with this 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 level of safety established by Section 91.7(a) will be maintained because prior to every flight, 

Sky Guardian LLC will ensure that the Phantom 2 UAS is in an airworthy condition and safe for flight 

based upon the Phantom 2 UAS’s compliance with its operating documents (i.e. the Phantom 2 UAS 

Operator Manual, the Sky Guardian LLC Systems Operations Manual, and the Phantom 2 UAS 

Maintenance Manual) 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). 

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

Affect Safety. 

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

Phantom 2 UAS is equipped with a digitally encoded barometric altimeter and GPS triangulation 

equipment, with a zero altitude initiation point being established prior to each flight. As such, the 

PIC on the Phantom 2 UAS is provided the altitude of the UA above ground level (AGL) via a 

heads-up display of the ground control station (GCS). Specifically, the PIC of the Phantom 2 UAS 

is provided three different types of altitude information: 
Page 35 of 41

(1) Desired Altitude, indicating the commanded altitude, located at the top right corner of HUD as well 

as above the HUD; (2) Altitude Above Ground Level (AGL), indicating actual altitude relative to height 

above launch level on the ground, located in the center of the right side of the HUD; and (3) Climb 

Rate, indicating the current rate of climb, located in the center of the right side of the HUD. 

Accordingly, the PIC of the Phantom 2 UAS will be provided with all of the necessary altitude 

information necessary to maintain safe operation of the UA in the NAS. 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). 

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 the equivalent level of safety established by 14 

C.F.R. Section 91.151(b) because the technical specifications of the Phantom 2 UAS, the Phantom 2

Operations Manual, and Sky Guardian LLC proposed operating limitations will ensure that Sky 

Guardian LLC may safely operate the battery powered Phantom 2 UAS during daylight hours in VFR 

conditions for a total flight duration of 20 minutes, which will ensure a landing with five minutes (i.e., 

20 percent) battery power remaining. Furthermore, previous exemptions granted by the FAA 

concerning Section 91.151(b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of a UAS are considered. 

The Phantom 2 UAS is powered by one Lithium Ion 11 Amp hour, 22.2V battery, and is 

protected by two low battery failsafe’s. The ground control station (GCS) provides a battery 

indicator on the heads-up display, which indicates the Phantom 2 UAS’s current remaining 

battery power measured in volts, and thus provides the PIC with constant awareness of the realtime battery voltage during a flight. 
Page 36 of 41

The one low battery failsafe’s that protect the Phantom 2 UAS are a “Low AV2 battery ” failsafe and 

a “ Critically low AV battery” failsafe. The “ Low AV battery” failsafe flies the UA to the location of the 

ground control station (GCS), or identified Rally point, when the UA battery reaches a certain 

threshold of time as configured by the operator, or 22.2V. The “Critically low AV battery” failsafe 

lands the UA at its current location. This failsafe is triggered if a battery drops below the critical 

battery voltage as configured by the operator, or 21.2V. 2 The Phantom 2 UAS Operator Manual 

defines “ AV” as “ Aerial Vehicle.”

Furthermore, an exemption from the requirements of Section 91.151(b) would not adversely affect 

safety because Sky Guardian LLC will only conduct flights during daylight hours in VMC, with the 

duration of each flight not to exceed 20 minutes, with five minutes (i.e., 20 percent) battery power 

remaining. 

Likewise, as set forth above, Sky Guardian LLC has proposed specific operating limitations in this 

Petition that will maintain the equivalent level of safety established by Section 91.151(b), including 

the following: (1) the Phantom 2 UAS will only be operated during daylight, or night time with night 

vision equipped cameras in support of government operations, hours (i.e. between the end of 

morning civil twilight and the beginning of evening civil twilight, as published in the American Air 

Almanac, converted to local time); (2) Phantom 2 UAS will only be operated pursuant to visual flight 

rules (VFR) in visual meteorological conditions (VMC); and (3) the duration of each flight shall not 

exceed 20 minutes. 

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). 
Page 37 of 41

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, Sky Guardian LLC submits that an 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 Sky Guardian LLC, use 

its trained operators to perform maintenance, alterations, or preventive maintenance on the 

unmanned aircraft system using the methods, techniques, and practices prescribed in the 

manufacturer’ s maintenance manual. Furthermore, Sky Guardian LLC will document and maintain 

all maintenance records for the Phantom 2 UAS. 

Since the Phantom 2 UAS will be inspected as prescribed by the manufacturer’ s maintenance 

manual, Sky Guardian LLC will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). The Phantom 2 UAS Maintenance Manual sets forth 

Scheduled Maintenance Inspection Procedures for each system and component. Inspection intervals 

for the Phantom 2 UAS include preflight and post flight inspections, as well as scheduled inspections 

every 25 hours, 50 hours, 75 hours, and 100 hours of operation. 

Likewise, the exemption sought will not adversely affect safety because Sky Guardian LLC will 

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

techniques, and practices prescribed by the manufacturer’ s maintenance manual. The Phantom 2 

UAS Maintenance Manual details procedures for each component of the UA, including the 

components of the propulsion system, legs/arms, avionics system, and payload system. 

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 Phantom 2 UAS will be 

performed by Sky Guardian LLC trained operators, who will document and maintain maintenance 

records for the Phantom 2 UAS. Sky Guardian LLC trained technicians are qualified to conduct any 

and all maintenance to ensure the safe operation of the UAS, conduct all service inspections, and 

authorize the use of each vehicle UAS based upon completion of appropriate inspections. 

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

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

when the technical characteristics and operating limitations of a UAS are considered. 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, 
Page 38 of 41

11109, 11110, 11112, 11136, 11138). 

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, Sky Guardian LLC requests that the FAA prescribe 

special conditions for the intended operation of the Phantom 2 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 UA for the limited purpose of conducting aerial 

acquisitions over certain rural areas of the United States. 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 39 of 41

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

operation of the Phantom 2 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 Sky Guardian LLC’ s intended operation of the Phantom 2 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). 

F. A Summary That Can Be Published In The Federal Register, stating: 

The Rules From Which Sky Guardian LLC Seeks Exemption: 

Sky Guardian LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 

91.7(a), 91.9 (b)(2), 91.103(b), 91.109 , 91.119, 91.121, 91.151(a) & (b), 91.203(a) & (b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 
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A Brief Description Of The Nature Of The Exemption Sky Guardian LLC Seeks: 

 This exemption will permit Sky Guardian LLC to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial acquisitions and research over certain rural areas 

of the United States. 

G. Any Additional Information, Views, Or Arguments Available To Support Sky Guardian LLC

Services” 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, Sky Guardian 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 poses a threat to national security; and further, 

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

As discussed in detail above, Sky Guardian LLC will operate the Phantom 2 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, Sky Guardian 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 Phantom 2 UAS commercially, without an airworthiness certificate, for the limited 

purpose of conducting aerial acquisitions over certain rural 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 

Sky Guardian LLC to safely, efficiently, and economically operate the Phantom 2 UAS commercially 

within the NAS. 
Page 41 of 41

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

and Reform Act of 2012, Section 333, Sky Guardian 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 Sky Guardian LLC to operate the Phantom 2 UAS for the purpose of conducting aerial

acquisitions and research over certain rural and populated areas of the United States. 

 Dated: XXXXXXXXX 

 Respectfully submitted, 

 Sky Guardian LLC

 

 /s/ Richard F. Soto

 

 

 Richard F. Soto

 President and CEO. 

 P.O. Box 1074

 Bisbee, Arizona 85603

 Tel: (520) 236-6312