DEP

ARTMENT OF TRANSPORTAT ION FEDERAL

AV IA TION ADMINISTRA

TION WASHINGTON, DC UNITED ST

AT ES OF AMERICA

RE: PETITION FOR EXEMPTION OF: Richard Guardino Private Pilot Certificate Number 560391385

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULA

TIONS SECTIONS 61.1 13(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)

REGARDING COMMERCIAL OPERA TION OF DJI PHANTOM 2 & DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE F

AA MODERNIZA

TION AND REFORM ACT OF 2012 (PUBLIC LA W 11 2

- 95)

Submitted on August 30, 2015

Richard Guardino 6028 W 85 th Place, Los Angeles, California 90045 323

- 533

- 81 16SUMMARY

Richard Guardino seeks exemption from the requirements of 14 C.F .R §§ 61.1 13(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 pursuant to Section 333 of the F

AA Modernization and Reform Act of 2012 (FMRA). This exemption will permit the operation of an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, insurance, aerial data acquisition and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER
Richard Guardino, the petitioner, intends to provide clients wit h photography and video solutions that provide them with an increased level of efficiency
, productivity, cost effectiveness, and a viable alternative to costly manned aerial data acquisition. The petitioner is a F AA licensed Private Pilot Single Engine La nd, Certificate Number: 560391385. Aerial video and photography operations with a UAS provides high quality image acquisition for a variety of commercial, public, and residential uses. Industries that can benefit from UAS image acquisition include:

• Construction site progress;
• Appraisals ; • Real

- estate marketing/promotional materials;

• Aerial acquisitions used for inspections of public and private structures; • Environmental monitoring and conservation; • Commercial and residential insurance wo rk;
• Agricultural crop analysis;
• Aerial image data collection.

BACKGROUND
Richard Guardino seeks an exemption to operate DJI Phantom 2 & DJI Phantom 3 for compensation or hire within the NAS. The DJI Phantom 2 & DJI Phantom 3 are V ertical Ta ke Off a nd Landing (VTOL), Unmanned Aircraft (UA) with a Ground Control Station (GCS) that utilizes a 5.8GHz remote control system. The DJI Phantom 2 has maximum takeoff weight of approximately 2.6 pounds/1.2 kilograms, dimensions of approximately 29 x 29 x 18 c m / 1 1.4 x 1 1.4 x 7 inches, diagonal length 35 cm/13.7 inches, and a maximum speed of approximately 30 knots. DJI Phantom 3 has a maximum takeoff weight of 2.6 pounds/1.2 kilograms and diagonal length of 590mm/23.2 inches.The DJI Phantom 2 & DJI Phantom 3 have four main rotors and powered by

Lithium Polymer batteries. The DJI Phantom 2 & DJI Phantom 3 UAS that will be operated by Richard Guardino 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.

BASIS FOR PETITION

Petitioner, Richard Guardino, pursuant to the provisions of the Federal Aviation Regulations (14 C.F .R. § 1 1.61) and the F AA 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 2 & DJI Phantom 3 UAS in the National Airspace System, and for an exemption from the requirements of 14 C.F .R §§ 61.1 13(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). Considering the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Richard Guardino's operation of DJI Phantom 2 & DJI Phantom 3 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, the Petitioner, Richard Guardino 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.
Richard Guardino submits that the requested relief is proper since an equivalent level of safety will be ensured and will use expe rienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents of DJI Phantom 2 & DJI Phantom 3 Instruction/User Manuals. And, wi ll document and maintain all maintenance records for the DJI Phantom 2 & DJI Phantom 3 UAS.
Relief from certain requirements of Section 61.1 13(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Richard Guard ino 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 flight

- hour and current requirements, that the PIC is able to safely operate the DJI Phantom 2 & DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.Richard Guardino see ks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 2 & DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. As such, the petitioner submits that he will e nsure that the DJI Phantom 2 & DJI Phantom 3 UAS are in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents by reviewing maintenance logs, and comply with the recommended limitations as described in the DJI Phantom 2 & DJI Phantom 3 user/instruction manual. Using recommended checklists, safety guidelines and procedures will ensure that the aircraft is in a condition for safe flight.
Richard Guardino also seeks an exemption from the req uirements of Section 91.121, entitled Altimeter Settings. The DJI Phantom 2 & DJI Phantom 3 UAS have a barometric altimeter onboard, however altitude information of the DJI Phantom 2 & DJI Phantom 3 UAS is provided to the PIC via GPS equipment and radio co mmunications telemetry data link, which transmits wirelessly from the UAS to the GCS the GPS coordinates where the UAS is positioned. This enables real

- time monitoring of the flight progress and path. This altitude information, combined with petitioner's o peration of the DJI Phantom 2 & DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Also, Richard Guardino seeks an exemption from the requirements of Section 91.151(b), en titled Fuel requirements for flight in VFR conditions. Richard Guardino submits that safety will not be affected by operation of the DJI Phantom 2 & DJI Phantom 3 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 10 minutes for the intended photo shoot and, assuming normal cruising speed, to fly after that for at least 2.5 minutes for recovery and landing.

In accordance with 14 C.F .R. § 1 1.81, Richard Guardino provides the following information in support of its petition for exemption:

**A. Name and**  **Ad dress**  **of the**  **Petitioner**

The name and address of the Petitioner:

Richard Guardino 6028 W 85 th Place, Los Angeles, California 9 0045 Email: rguardino@msn.com
**B. the Specific Sections of 14 C.F .R. from which Richard Guardino seeks**  **exemption 1. Richard Guardino Seeks Exemption**  **from the**  **Requirements of**  **Section**

**61.1 13(a)**  **and (b).** 

Section 61.1 13, 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 priv ate 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 h ire.
**2. Richard Guardino 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 condi tion.

**3. Richard Guardino 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 altimete r 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 stat ion; 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. Ri chard Guardino Seeks Exemption from t**  **he Requirements o**  **f Section**

**91.151(b).**

S ection 91.151, entitled Fuel requirements for flight in VFR conditions, subsection states the following: 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. Richard Gua rdino Seeks Exemption from the Requirement o**  **f 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, excep t as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter

. **6. Richard Guardino 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. Richard Guardino Seeks Exemption from the Requirements of Sections 91.409(a) (1)**  **An d 91.409(a)(2).** 
Section 91.409, entit led 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, ithas 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. Richard Guardino 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. 41 1 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, prog ressive, 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 acceptab le 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 th e person approving the aircraft for return to service. (2) Records containing the followin g 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 inst alled on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraf t, including the time since the last inspection required by the ins pection 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 d ir ective 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 install ed engines, rotors, propellers, and ap pliances. (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 afte r 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 § 43.1 1 of this chapter shall be retained until the defects are repair ed and the aircraft is approved for return to service.

**C. The Extent Of Relief a nd**  **t he**  **Reason Richard Guardino Seeks t he Relief.** 

**1. Extent**  **of Relief Richard Guardino Seeks**  **and the**  **Reason Richard Guardino Seeks**  **Relief from**  **Section 61.1 13(a)**  **and (b).** 

Relief from Section 61.1 13(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 o r higher level certificate, as well as a current and valid airm an 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 61.1 13(a) and (b) state that a private pilot may, for compensation or hire, act as P IC of an aircraft in connection with any business or employment if:

1. The flight is only incidental to that business or employment; an d 2. The aircraft does not carry passengers or property for compensation or hire. Richard Guardino submits that an equivalent level of safety will be maintained because of strict operating parameters that PIC will be allowed to operate the DJI Phantom 2 & DJI Phantom 3 UAS. The PIC must meet flight

- hour and currency requirements, and can successfully demonstrate the ability to safely operate the DJI Phantom 2 & DJI Phantom 3 UAS. And, in such a manner consistent with the operations specifications as describ ed in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.**2. Extent Of Relief and t**  **he Reason Richard Guardino 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 Richard Guardino to determine that the DJI Phantom 2 & DJI Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that the UA S is in compliance with the operating documents of the DJI Phantom 2 & DJI Phantom 3. Richard Guardino seeks the requested relief because the DJI Phantom 2 & DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H.
Therefore, Richard Guardino will ensure that the DJI Phantom 2 & DJI Phantom 3 UAS is in airworthy condition based upon its compliance with the operating documents of the DJI Phantom 2 & DJI Phantom 3 operating manual prior to every fligh t, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below

. **3. Extent Of Relief and t he Reason Richard Guardino 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 2 & 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 S to the PIC at the ground control station (GCS).

Since the F

AA requires that any altitude information concerning UAS operations be reported to air traffic control (A TC) in feet above ground level (AGL), Richard Guardino seeks the requested relief becaus e the DJI Phantom 2 & DJI Phantom 3 UAS 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 2 & DJI Phantom 3 UAS is 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. Ext ent Of**  **Relief a nd**  **t he Reason Richard Guardino 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 Phant om 2 & DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes.
Richard Guardino seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 & DJI Phantom 3 UAS will severely constrain the practicality of any aeria l video or still photo flight operations that Richard Guardino proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 & DJI Phantom 3 operating documents and Richard Guardino's proposed operating limitations, ensure that Richard Guardino will safely operate the battery powered DJI Phantom 2 & DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery po wer to fly for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes.

**5. Extent Of Relief a nd**  **t he Reason Richard Guardino Seeks Relief From**  **Sections 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2),**  **An d 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, Richard Guardino requests relief from these Sections because the DJI Phantom 2 & DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 & DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Acc ordingly, Richard Guardino 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 of the DJI Phantom 2 & DJI Phantom 3. F urthermore, Richard Guardino will document and maintain all maintenance records for the DJI Phantom 2 & DJI Phantom 3 UAS.
**D: The Reasons Why**

**Granting Richard Guardino's Request Would Be In The Public Interest**  **An d How**  **It Would Benefit The Public As**  **A Whole.**  Granting this petition will further the public interest in many ways, but one particularly important way the public will benefit is the ability to apply the UAS for pressing environmental issues. Environmental scientist can obtain an aerialsurvey of storm damaged coastlines for analysis within a short period of time,

which will allow them to identify the degree of damage at a fraction of the cost and risk to deploy a manned aircraft. Aerial damage assessment obtained by a UAS is now affordable and the cost savings realized to the taxpayer . This benefit can be realized by allowing Richard Guardino to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, insurance and landscape over certain are as of the United States.

Air T raff ic will always grow with capacity but being able reduce the number of manned flights that can be easily done by unmanned aircraft can reduce overall air traffic. Additionally, use of the DJI Phantom 2 & DJI Phantom 3 U AS will reduce pollution, and provide significant benefits to the economy and eliminate the risk of manned aircraft. All of the benefits of Richard Guardino's proposed operation of the DJI Phantom 2 & DJI Phantom 3 UAS will be realized without implicating any privacy issues. **1) The Public Will Benefit From Decreased Congestion Of The NA S.**  The DJI Phantom 2 & DJI Phantom 3 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 image acquisitions, an exemption allowing the use of the DJI Phantom 2 & DJI Phantom 3 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.
DJI Phantom 2 & DJI Phantom 3 UAS do not require the use of public airports because they can be launched anywhere, which reduces the stress placed on airpo rt resources such as 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 Phantom 2 and Phantom 3 UA** **S** Conducting aerial image acquis itions with the DJI Phantom 2 & DJI Phantom 3 UAS instead of manned aircraft, 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. The DJI Phantom 2 & DJI Phantom 3 UAS generate thrust by battery powered electric motors, rather than an internal combustion engine. Batteries can be recharged using renewable technology which eliminates the carbon footprint, or by traditional sources as well. Risks are associated with manned aircraft operations, but using the DJIPhantom 2 & DJI Phantom 3 UAS to perform aerial acquisitions, the risk to life and property in the air and on the ground will be reduced or completely eliminated. Consider the d amage to life and property that a Cessna 183 weighing 3100 lbs. can cause in an accident and contrast that with a UAS that weighs less than 4 lbs. The public benefits by reduced collateral damage in the event of an emergency, and injuries to persons.

The alternative is a six cylinder internal combustion engine manned aircraft that are typically utilized for aerial video and photography while burning approximately 20

- 30 gallons per hour of leaded aviation fuel, but is no longer environmentally responsible n or complements the push by the public to move away from fossil fuels. **3) Performing Ae**  **rial Video and Photography Operations**  **with the**  **DJI Phantom 2 & DJI Phantom 3 UA** **S Will Benefit the**  **Economy**

**.** Aerial Video and Photography Operations with the DJI Phanto m 2 & DJI Phantom 3 UAS complement the Environmental Protection Agency (“EP A”) regulatory actions that require phasing out leaded aviation fuels. Companies must adopt new and alternative technology in order to remain competitive and this new technology is available now in the form of UAS aircraft for aerial imaging. In addition to being safe and efficient, the DJI Phantom 2 & DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As aviation fuel prices keep rising, those additional operating costs drain companies of much needed capital. Operation of the DJI Phantom 2 & DJI Phantom 3 UAS will allow companies, like Richard Guardino's to remain competitive. Increased profitability translates to gr eater job stability to employees and contractors, which will contribute to growth of the U.S. Economy, and provides a stable workforce that increases consumer spending, improves local, state, and federal tax revenues. **4) There Ar**  **e No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, the proposed operation of the DJI Phantom 2 & DJI Phantom 3 UAS will not implicate any privacy issues. The DJI Phantom 2 & DJI Phantom 3 UAS will be operated o nly in compliance with operating documents 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. § 91.1 19.**E. The Reasons Why Granting The Exemption Would Not**  **Ad versely**  **Af fect Safety** 

**, Or How The Exemption Would Provide A**  **Lev el Of Safety A** 

**t Least Equal T**

**o That Provided By** 

**The Rule From Which Richard Guardino Seeks Exemption. 1)**  **Reasons w hy** 

**the DJI Phantom 2 & DJI Phantom 3 UA** **S meet the conditions of the F** 

**AA Modernization and Reform**  **Ac t of 2012 (FMRA** **) Section 333.** 
The size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Richard Guardino's operation of th e DJI Phantom 2 & DJI Phantom 3 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 certif ication 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 T ransportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace syste m 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 d etermine, 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 us ers 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 fo r 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, Richard Guardino submits that the DJI Phantom 2 &

DJI Phantom 3 UAS can operate safely in the NAS pursu ant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 & DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.
**The Specifications Of The DJI Phantom 2 & DJI Phantom 3 UA S**  **Demonstrate Its Safe Characteristics.**

The DJI Phantom 2 & DJI Phantom 3 UAS do 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

. **Te chnical Specifications**  **of the**  **DJI Phantom 2 & DJI Phantom 3 UA S.** 
The technical specifications of the DJI Phantom 2 & DJI Phantom 3 UAS are set forth by the DJI Phantom 2 & DJI Phantom 3 Specifications and Data Sheet, attached as Exhibit A and B.

**The DJI Phantom 2 & DJI Phantom 3 UA** **S Au**  **tonomous Flight and**  **Navigation Modes Enable the**  **UA S's T**  **o Remain Within a**  **Defined Operational**  **Ar ea.**  The DJI Phantom 2 & DJI Phantom 3 may be operated in both manual and fully autonomous flight modes.

**The DJI Phantom 2 & DJI Phantom 3 UA** **S Ar**  **e Designed For Au**  **tomatic Return T**

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

Wh en the Control Link is lost, the DJI Phantom 2 & DJI Phantom 3 will remain stationary in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 & DJI Phantom 3 do not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UAS will return to the home position via GPS, and will descend to the takeoff position and shutdown. **Flight Operations of**  **DJI Phantom 2 & DJI Phantom 3 UA S’**  **s Ar**  **e Limited**  **to the Line Of Sight of a Certificated Pilot in Command**  **with a Safety**  **Observer**

**.** Richard Guardino is a certificated private pilot and possesses a valid airman first class medical certificate to act as a pilot in command (PIC). Richard Guardino will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 & DJI Phantom 3 UAS. Additionally, a safety observerwill assist all pilots during flight time. **Flights Of DJI Phantom 2 & DJI Phantom 3 UA S Will Be Conducted**  **Pursuant T**

**o Specific Operating Limitations.** In seeking this exemption, Richard Guardino proposes to commercially operate DJI Pha ntom 2 & DJI Phantom 3 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's weighing less than 55 pounds maximum gross weight: DJI Phantom 2 & DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petiti on 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

. 3. The UA

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

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 AT C. All altitudes reported to AT C must be in fee t AGL.

5. The UA's 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 F AA

- issued airman medical cert if icate.

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 f light. 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/obstruct ions 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
co nditions 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 follo w 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 F

AA granted the exemption, then the operator must petition for amendment to its grant of exemption. The F AA ’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 af fects 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 t he 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.

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/o verhaul 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 w ill 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 PIC's 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 fligh ts, 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. § 91.1 19.

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 F AA office closest to proposed area of operations. Flights under special vis ual 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 F AA published aeronautical chart unless a letter of agreement with that airport’ s management isobtained, and the operation is conducted in accordance with a NOT AM 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 l ess 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 predetermined location within the planned operating area and land or b e recovered in accordance with the operating documents.

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 win d and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UAS with 25% battery power remaining.

25. The operator must obtain an Air T raff ic Organization (A TO) issued Certificate of Waiv er 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 (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. A ll operations shall be conducted in accordance with airspace requirements in the AT O 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 s pectrum used for operation and control of the UAS 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 officialupon request.

29. The UAS 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 non
participating 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 UAS and/or de bris 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 ceas e 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 t hose 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 § 91.1 19(a).

32. All operations shall be conducted ove r 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, accide nt, 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 F AA'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 61.1**  **13(a) and**  **(b) Would Not**  **Ad versely**  **Af fect Safety** 

**.**Richard Guardino submits tha t the equivalent level of safety established by

Section 61.1 13(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 & DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requi rements, that the PIC is able to safely operate the DJI Phantom 2 & DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Richard Guardino'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. 1 1062); and the airmanship skills necessary to safely operate the DJI Phantom 2 & DJI Phantom 3 UAS, Richard Guardino submits that the additional manned airmanship experience of a certificated private pilot would not correlate to the airmanship skills necessary for Ri chard Guardino's specific proposed flight operations.

The F AA has previously granted relief from Section 61.1 13(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 1 1063, 11 064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1111 0, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 58, 1 11 59, 1 11 60, 1 11 61). Richard Guardino will not allow any PIC to operate the DJI Phantom 2 & DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

hour requirements of the DJI Phantom 2 & DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 & DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and em ergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 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 op erations 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. 1 1062, 1 11 38, and 1 11 53, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Richard Guardino's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicab le regulations would ensure safe operations, stating as follows:In Exemption No. 1 1062, the F AA 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. 1 1062, the PIC must also have accumulated and logg ed 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 F AA 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 (fo r currency purposes). The F AA finds that at a minimum, the flight

- hour requirements in Exemption No. 1 1062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner ’s proposed operations. The F AA 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 91.1 19.
Exemption No. 1 11 38 at page 15.
Accordingly, Richard Guardino wil l ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 & DJI Phantom 3 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 2 & DJI Phantom 3 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, Richard Guardino will ensure that the DJI Phantom 2 & DJI Phantom 3 UAS is in an airworthy condition b ased upon the UAS’ s compliance with its operating documents and as stated in the conditions and limitations herein.
Additionally, the F

AA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respec ts, to those presented herein(e.g. Exemption Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09,

1111 0, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 1 11 59, 1 11 60, 111 61).
**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 altitude information of the DJI Phantom 2 & DJI Phantom 3 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 Richard Guardino's operation of the DJI Phantom 2 & DJI Phantom 3 UAS within visual l ine of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed on board the aircraft. Prior to each flight, a zero altitude initiation point is autom atically established by the UAS at ground level.

The F AA 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. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 1 11 59, 1 11 60, 1 11 61).
**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 a n equivalent level of safety established by 14 C.F .R. Section 91.151(b) as a result of the technical specifications of the DJI Phantom 2 & DJI Phantom 3 UAS’ s; the limitations on the proposed flight operations; and the location of the proposed flight opera tions. Accordingly
, Richard Guardino will ensure that he will safely operate the battery powered DJI Phantom 2 & DJI Phantom 3 UAS's during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 10 minutes to the first p oint of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes.
Here, as in Exemption No. 1 11 09, the technical specifications of the DJI Phantom 2 & DJI Phantom 3 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 2 & DJI Phantom 3 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 2 & DJI Phantom 3 UAS will descend and land automatically

.Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected when the techn ical 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 F AA has p reviously granted relief from Section 91.151 specific to UAS in circumstances similar in all material respects to those presented herein (e.g. Exemption Nos. 881 1, 10808, 10673, 1 1042, 1 1062, 1 1063,1 1064, 1 1065, 1 1066, 11 067, 1 1080, 1 11 09, 1 111 0, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 111 59, 1 11 60, 1 11 61).
**6. Reasons Why**

**An E xemption From The Requirements Of Sections 91.405(a),**  **91.407(a ) (**  **1), 91.409(a ) (**  **1) & (a ) (**  **2), An**  **d 91.417(a) & (**  **b) Would Not Adversely Affect Safety** 

**.** In seeking this exe mption, Richard Guardino 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 Richa rd Guardino will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, techniques, and practices prescribed in the operating documents of the DJI Phantom 2 & DJI Phantom 3. Furthermore, Richa rd Guardino will document and maintain all maintenance records for the DJI Phantom 2 & DJI Phantom 3 UAS.
Since the DJI Phantom 2 & DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Richard Guardino will maintain the equivale nt level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 & DJI Phantom 3 User Manuals are attached. The exemption sought will not adversely affect safety because Richard Guardino will use trained tec hnicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. 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 2 & DJI Phantom 3 UAS’ s will be performed by trained technicians. Maintenance will be doc umented and maintained utilizing the monthly maintenance log which is attached as Exhibit C.
Previous exemptions granted by the F AA 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 advers ely affected when the technical characteristics and operating limitations of the UAS are considered. Considering Richard Guardino's proposed operating limitations, the operatingdocuments, and the technical aspects of the DJI Phantom 2 & DJI Phantom 3

U AS's, Rick Guardino 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 F AA has previously granted relief specific to UAS in circumst ances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 11 067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 111 58, 1 11 59, 1 11 60, 1 11 61).

**7. The F AA**  **May Prescrib**  **e An**  **y Other Conditions For Safe Operation.**

In accordance with Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA) and 14 C.F .R. § 21.16 entitled Special Conditions, Rick Guardino requests that the F

AA prescribe special conditions for the i ntended operation of the DJI Phantom 2 & DJI Phantom3 UAS’ s, 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 §§ 61.1 13(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's 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 auth ority 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.
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F

. R. §21.16, for operation of the DJI Phantom 2 & DJI Phantom 3 UAS’ s, 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 21.1 6, entitled Special Conditions, states the following:

If the F AA 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 unu sual design feature of the aircraft, aircraft engine or propeller, it may prescribe special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 1 1 of this chapter and contain such safety standards fo r the aircraft, aircraft engine or propeller as the F AA 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 F AA may prescribe special conditions for Richard Guardino's intended operation of theDJI Phantom 2 & DJI Phantom 3 UAS, which contain such safety standards that

the administrator fi nds 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 61.1 13(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 Richard Guardino Seeks Exemption:** 
Richard Guardino seeks exemption from the requirements of 14 C.F .R Sections 61.1 13(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**G. B**  **rief Description Of The Nature Of The Exemption Richard Guardino Seeks:**  This exemption will permit Richard Guardino to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**H**

**. An**  **y Addi tional Information, Views, Or**  **Ar guments A**  **vailable to**  **Support Richard Guardino’**  **s Request.**
This Petition is made pursuant to the F AA 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, Richard Guardino request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F .R. Part 1 1, 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 t hreat to national security and further, provides the authority for such UAS to operate without airworthiness certification.
As discussed in detail above, Richard Guardino will operate the DJI Phantom 2 & DJI Phantom 3 UAS’ s safely in the NAS, without cr eating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.

**CONCLUSION**
Richard Guardino seeks an exemption pursuant to 14 C.F .R. § 1 1.61 and Section 333 of the F

AA Modernization and Reform Act of 2012 (FMRA) , which will permit safe operation of the DJI Phantom 2 & DJI Phantom 3 UAScommercially, without an airworthiness certificate, for the limited purpose of

conducting aerial video and photography over certain areas of the United States. By granting this Pet ition, the F AA A dministrator will be fulfilling the Congressional mandate of the F

AA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Richard Guardino to safely , efficiently, and economically operate the D JI Phantom 2 & DJI Phantom 3 UAS commercially within the NAS.

In accordance with the Federal Aviation Regulations and the F AA Modernization and Reform Act of 2012, Section 333, Richard Guardino respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.1 13(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 Richard Guardino to operate the DJI Phantom 2 & DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and phot ography over certain areas of the United States.

Dated: August 30, 2015 Respectfully submitted,

Richard Guardino

**EXHIBIT A**  DJI Phantom 2 TECHNICAL SPECIFICA

TIONS

Airc raft Operating environment temperature

- 10 to 50 Power consumption 5.6W Supported Battery DJI Intelligent battery Weight (including the battery) 1000g Ta ke

- off Weight ≤1300g Hovering Accuracy (Ready to Fly) V ertical: 0.8m; Horizontal: 2.5m Max Y aw Angular V

elocity 200°/s Max T ilt Angle 35° Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s (Not Recommended) Wh eelbase 350mm

2.4GHz Remote ControllerOperating Frequency 2.4GHz ISM Communication Distance (open area) 1000m Receiver Sensitivity (1%PER)

- 97dBm Working Current/V

oltage 120 mA@3.7V Built

- in LiPo Battery Working Current/Capacity 3.7V, 2000mAh
DJI Intelligent Battery Ty pe 3S LiPo Battery Capacity 5200mAh , 1 1.1V Charging Environment Range 0 to 40 Discharging Environment Range

- 20 to 50

**EXHIBIT B** DJI Phantom 3 TECHNICAL SPECIFICA

TIONS

Aircraft Weight (Battery & Propellers Included) 1280 g Max. Ascent Speed 5 m/s Max. Descent Speed 3 m/s Max. Sp eed 16 m/s (A

TTI mode, no wind) Max. Flight Altitude 6000 m Max. Flight T ime Approximately 23 minutes Operating Te mperature 0°C to 40°C GPS Mode GPS/GLONASS

Remote Controller Operating Frequency 2.400 GHz

- 2.483 GHz Transmitting Distance 2000 m (Outdoor And Unobstructed) Video Output Port USB Operating Te mperature Range 0°C

- 40°C Battery 6000 mAh LiPo 2S Mobile Device Holder Ta blets and smartphones Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm Working V

oltage 1 .2 A @7.4 V Charger Vo ltage 17.4 V Rated Power 100 W Intelligent Flight Battery ( PH3

- 4480 mAh

- 15.2 V ) Capacity 4480 mAh V

oltage 15.2 V Battery T ype LiPo 4S Energy 68 W hNet Weight 365 g Operating Te mperature

- 10°C

- 40°C Max. Charging Power 10 0 W

**Exhibit C**
**- Monthly** 

**Maintenance Log**

UAS # Date Description Resolution Signature Software Airframe Powerplant Propellers Sensor Gimbal Landing Gear Transmitter Autopilot Other

Operating manuals for the Phantom 3 and Phantom 3 are attached separately

.