DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

UNITED STATES 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 REGULATIONS SECTIONS 61.113(a) & 

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

AND 91.417(a) & (b) 

REGARDING COMMERCIAL OPERATION OF DJI PHANTOM 2 & DJI 

PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 

333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC 

LAW 112-95) 

Submitted on August 30, 2015

Richard Guardino 

6028 W 85th Place, 

Los Angeles, California 90045 

323-533-8116 
 

SUMMARY

Richard Guardino seeks exemption from the requirements of 14 C.F.R §§ 

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

& (a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant 

to Section 333 of the FAA 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 with 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 FAA licensed Private Pilot Single Engine 

Land, 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 work;

• 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 Vertical Take Off and 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 cm / 11.4 x 11.4 

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. § 11.61) and the FAA Modernization and Reform Act of 

2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft 

Systems, hereby petitions the Administrator to commercially operate the DJI 

Phantom 2 & DJI Phantom 3 UAS in the National Airspace System, and for an 

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

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

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 experienced personnel or technicians 

to perform maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the operating 

documents of DJI Phantom 2 & DJI Phantom 3 Instruction/User Manuals. And, 

will document and maintain all maintenance records for the DJI Phantom 2 & DJI 

Phantom 3 UAS. 

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

pilot privileges and limitations: Pilot in command, is requested by Richard 

Guardino 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 seeks 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 ensure 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 requirements 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 communications 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 operation 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), entitled 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. § 11.81, Richard Guardino 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:

Richard Guardino 

6028 W 85th Place, 

Los Angeles, California 90045 

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 

61.113(a) and (b). 

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

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

(a) No person who holds a private pilot certificate may act as a pilot in 

command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act 

as PIC of an aircraft. 

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

connection with any business or employment if—

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

and

2) The aircraft does not carry passengers or property for 

compensation or hire.

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 

condition. 

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 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. Richard Guardino Seeks Exemption from the Requirements of Section 

91.151(b).

Section 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 Guardino Seeks Exemption from the Requirement of Section 

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the 

following: 

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of 

this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter.

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) 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. 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 §§ 91.411 and 91.413, 

each registered owner or operator shall keep the following records for the

periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and 

alteration and records of the 100-hour, annual, progressive, and 

other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. 

The records must include--

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and 

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

(iii) The signature, and certificate number of the person 

approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each 

propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, 

engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on a specified 

time basis. 

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

time since the last inspection required by the inspection 

program under which the aircraft and its appliances are 

maintained. 

(v) The current status of applicable airworthiness directives 

(AD) and safety directives including, for each, the method of 

compliance, the AD or Safety directive number and revision 

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

(vi) Copies of the forms prescribed by § 43.9(d) of this 

chapter for each major alteration to the airframe and currently 

installed engines, rotors, propellers, and appliances. 

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

prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or 

for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is 

sold. 

(3) A list of defects furnished to a registered owner or operator 

under § 43.11 of this chapter shall be retained until the defects are 

repaired and the aircraft is approved for return to service. 

C. The Extent Of Relief and the Reason Richard Guardino Seeks the Relief.

 

1. Extent of Relief Richard Guardino Seeks and the Reason Richard 

Guardino Seeks Relief from Section 61.113(a) and (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a 

PIC holding a private pilot or higher level certificate, as well as a current and 

valid airman medical certificate, and who has met certain flight-hour and 

currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

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

(b) state that a private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if:

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

2. The aircraft does not carry passengers or property for 

compensation or hire. 

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 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 and the 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 UAS 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 flight, 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 the 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 UAS to the PIC at the ground control station (GCS). 

Since the FAA requires that any altitude information concerning UAS 

operations be reported to air traffic control (ATC) in feet above ground 

level (AGL), Richard Guardino seeks the requested relief because 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. Extent Of Relief and the 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 Phantom 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 aerial 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 power 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 and the Reason Richard Guardino 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, 

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. Accordingly, 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. Furthermore, 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 And 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 aerial 
survey 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 areas of the United States. 

Air Traffic 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 UAS 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 NAS.

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 airport 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 UAS

Conducting aerial image acquisitions 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 DJI 
Phantom 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 damage 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 nor complements the push by the 

public to move away from fossil fuels.

3) Performing Aerial Video and Photography Operations with the DJI 

Phantom 2 & DJI Phantom 3 UAS Will Benefit the Economy. 

Aerial Video and Photography Operations with the DJI Phantom 2 & DJI 

Phantom 3 UAS complement the Environmental Protection Agency 

(“EPA”) 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 greater 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 Are 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 only 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. § 91.119.

 
E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which Richard Guardino Seeks Exemption. 

1) Reasons why the DJI Phantom 2 & DJI Phantom 3 UAS meet the 

conditions of the FAA Modernization and Reform Act 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 the 

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 certification and sets forth 

requirements for considering whether a UAS will create a hazard to users 

of the NAS or the public, or otherwise pose a threat to national security. 

Specifically, FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and 

not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before 

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

or the guidance required by section 334 of this Act. 

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

determination under subsection (a), the Secretary shall determine, at a 

minimum--

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

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the 

public or pose a threat to national security; and

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines 

under this section that certain unmanned aircraft systems may operate 

safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft systems in the 

national airspace system. 
In seeking this exemption, Richard Guardino submits that the DJI Phantom 2 & 

DJI Phantom 3 UAS can operate safely in the NAS pursuant 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 UAS 

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.

Technical Specifications of the DJI Phantom 2 & DJI Phantom 3 UAS. 

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 UAS Autonomous Flight and

Navigation Modes Enable the UAS's To Remain Within a Defined 

Operational Area. 

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 UAS Are Designed For 

Automatic Return To Home Point Or Hover In The Event Of Loss Of 

The Control Link. 

When 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 UAS’s Are 

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 observer 
will assist all pilots during flight time. 

Flights Of DJI Phantom 2 & DJI Phantom 3 UAS Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, Richard Guardino proposes to commercially 

operate DJI Phantom 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 petition or a petition to amend this grant.

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

operations for the purpose of aerial video and photography. 

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 ATC. All altitudes reported to ATC must be in feet 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 FAA-issued airman medical certificate.

 

6. The use of first person view (FPV) by the PIC or safety observer 

(SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be 

used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting 

is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that 

the SO can perform the functions prescribed in the operating 

documents. 
8. The SO must not perform any other duties beyond assisting the PIC 

with seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera 

or other instruments. 

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

accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the grant of exemption and 

the procedures outlined in the operating documents, the conditions 

and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator 

may update or revise its operating documents. It is the operator’s

responsibility to track such revisions and present updated and 

revised documents to the Administrator upon request. The operator 

must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon 

which the FAA granted the exemption, then the operator must 

petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise 

regarding updates or revisions to the operating documents. 

10.Prior to each flight the PIC must inspect the UAS to ensure that it is 

in a condition for safe flight. If the inspection reveals a condition that 

affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and 

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

Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the 

aircraft records. 

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

the UAS operation or flight characteristics, e.g. replacement of a 

flight critical component, must undergo a functional test flight. The 

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

the aircraft records. 

12.The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment, 

not already covered in the relevant sections of the operating 

documents. 

13.The operator must follow the UAS manufacturer’s

aircraft/component, maintenance, overhaul, replacement, 
inspection, and life limit requirements.

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

record keeping requirements, in accordance with the operating 

documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft 

records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning 

the UAS to service. 

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

manufacturer Safety Bulletins. 

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

the corrective action taken against discrepancies discovered 

between inspections. 

17.The PIC must possess at least a private pilot certificate and at least 

a current third-class medical certificate.

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

meets the operator’s qualification criteria and demonstrates the 

ability to safely operate the UAS in a manner consistent with how 

the UAS will be operated under the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification 

flight hours must be logged in a manner consistent with 14 C.F.R. 

§61.51(b). Flights for the purposes of training the operator’s 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 

flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate 

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

91.119. 

19.UAS operations may not be conducted during night, as defined in 

14 C.F.R. § 1.1. All operations must be conducted under visual 

meteorological conditions (VMC). If flight at night is required, a 

special request will be made at the FAA office closest to proposed 

area of operations. Flights under special visual flight rules (SVFR) 

are not authorized.

20.The UA may not operate within 5 nautical miles of an airport 

reference point as denoted on a current FAA published aeronautical 

chart unless a letter of agreement with that airport’s management is 
obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of agreement 

with the airport management must be made available to the 

Administrator upon request.

21.The UA may not be operated less than 500 feet below or less than 

2,000 feet horizontally from a cloud or when visibility is less than 3 

statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must 

return to a predetermined location within the planned operating area 

and land or be 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 

wind 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 Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under the grant of exemption. This COA will also require 

the operator to request a Notice to Airman (NOTAM) not more than 

72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be 

identified by serial number, registered in accordance with 14 C.F.R. 

part 47, and have identification (N-Number) markings in accordance 

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

practicable.

27.Before conducting operations, the radio frequency spectrum used 

for operation and control of the 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 official 
upon 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 nonparticipating persons (persons other than the PIC, SO, operator 

trainees or essential persons), vessels, vehicles, and structures 

unless: 

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UAS and/or debris in the 

event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations 

must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or 

structures where the owner/controller of such vessels, 

vehicles or structures has granted permission and the PIC 

has made a safety assessment of the risk of operating closer 

to those objects and determined that it does not present an 

undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or 

essential persons do not present an undue hazard to those 

persons per § 91.119(a). 

32.All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

33.Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable 

COA must be reported to the FAA's UAS Integration Office (AFS-80) within 

24 hours. Accidents must be reported to the National Transportation 

Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

2. Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) 

Would Not Adversely Affect Safety. 
Richard Guardino submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to 

operate the DJI Phantom 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. 

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. 11062); 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 Richard Guardino's specific 

proposed flight operations. 

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

UAS, in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

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

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 flighthour 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 emergency 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 operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 

90 days (for currency purposes). 

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

experience that was obtained in compliance with applicable regulations will 

ensure an equivalent level of safety during Richard Guardino's proposed 

operations. The Administrator has held that prior documented flight experience 

that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows: 
In Exemption No. 11062, the FAA required that prior to conducting 

operations for the purpose of motion picture filming (or similar operations), 

the PIC must have accumulated and logged, in a manner consistent with 

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

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

operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating 

the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour 

requirements to be inclusive rather than additive; i.e. 5 hours make and 

model time may be included in the 10 hours of multi-rotor time and the 10 

hours may be included in the total 25 hours of UAS rotorcraft time. In 

addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

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

that at a minimum, the flight-hour requirements in Exemption No. 11062 

are appropriate to practice and build proficiency in the skills necessary to 

safely conduct the petitioner’s proposed operations. The FAA also finds 

that prior documented flight experience that was obtained in compliance 

with applicable regulations would satisfy this requirement. Training, 

proficiency, and experience-building flights can also be conducted under 

the grant of exemption to accomplish the required flight time. During 

training, proficiency, and experience-building flights the PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 

91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Richard Guardino will 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 based upon the UAS’s 

compliance with its operating documents and as stated in the conditions and 

limitations herein. 

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

UAS, in circumstances similar, in all material respects, to those presented herein 
(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

4. Reasons Why an Exemption from the Requirements of Section 91.121 Would 

Not Adversely Affect Safety.

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 

line 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 

automatically established by the UAS at ground level. 

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

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

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

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would 

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established 

by 14 C.F.R. Section 91.151(b) as a result of 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 operations. 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 point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 

2.5 minutes.

 

Here, as in Exemption No. 11109, 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 FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics 

and operating limitations of the UAS are considered. Relief has been granted for 

manned aircraft to operate at less than the minimums prescribed in Section 

91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA

has previously granted relief from Section 91.151 specific to UAS in 

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

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

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

91.407(a) (1), 91.409(a) (1) & (a) (2), And 91.417(a) & (b) Would Not Adversely 

Affect Safety. 

In seeking this exemption, 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 Richard 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, 

Richard 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 equivalent level 

of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A 

copy of the DJI Phantom 2 & DJI Phantom 3 User Manuals are attached. The 

exemption sought will not adversely affect safety because Richard Guardino will 

use trained technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents. 

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 documented and maintained utilizing the monthly 

maintenance log which is attached as Exhibit C.

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

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is 

not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. 

Considering Richard Guardino's proposed operating limitations, the operating 
documents, and the technical aspects of the DJI Phantom 2 & DJI Phantom 3 

UAS'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 FAA has previously granted relief 

specific to UAS in circumstances similar, in all material respects, to those 

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

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Rick Guardino 

requests that the FAA prescribe special conditions for the intended 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 §§ 61.113(a) & 

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

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

UAS'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 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. 

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 21.16, 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, it may prescribe 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 Richard Guardino's intended operation of the 
DJI Phantom 2 & DJI Phantom 3 UAS, which contain such safety standards that 

the administrator finds necessary to establish a level of safety equivalent to that 

established by 

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 

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

& (b).

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 

61.113(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). 

G. Brief 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. Any Additional Information, Views, Or Arguments Available to Support 

Richard Guardino’s Request. 

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

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

certain UAS may operate safely in the NAS. As such, Richard Guardino request 

for exemption may be granted pursuant to the authority of FMRA Section 333 and 

14 C.F.R. Part 11, as set forth above. 

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

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

national security and further, provides the authority for such UAS to operate 

without airworthiness certification. 

As discussed in detail above, Richard Guardino will operate the DJI Phantom 2 & 

DJI Phantom 3 UAS’s 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 

Richard Guardino seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

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

will permit safe operation of the DJI Phantom 2 & DJI Phantom 3 UAS 
commercially, without an airworthiness certificate, for the limited purpose of 

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

By granting this Petition, the FAA Administrator will be fulfilling the Congressional 

mandate of the FAA Modernization and Reform Act of 2012, while also advancing 

the interests of the public, by allowing Richard Guardino to safely, efficiently, and 

economically operate the DJI Phantom 2 & DJI Phantom 3 UAS commercially 

within the NAS. 

In accordance with the Federal Aviation Regulations and the FAA 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 61.113(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 Richard 

Guardino to operate the DJI Phantom 2 & DJI Phantom 3 UAS commercially for 

the purpose of conducting aerial video and photography over certain areas of the 

United States. 

Dated: August 30, 2015

Respectfully submitted, 

Richard Guardino 

EXHIBIT A

 DJI Phantom 2 TECHNICAL SPECIFICATIONS 

Aircraft 

Operating environment temperature -10 to 50 

Power consumption 5.6W

Supported Battery DJI Intelligent battery 

Weight (including the battery) 1000g Take-off Weight ≤1300g 

Hovering Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity 200°/s 

Max Tilt Angle 35° 

Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed 15m/s (Not Recommended) 

Wheelbase 350mm 

2.4GHz Remote Controller 
Operating Frequency 2.4GHz ISM 

Communication Distance (open area) 1000m 

Receiver Sensitivity (1%PER) -97dBm 

Working Current/Voltage 120 mA@3.7V 

Built-in LiPo Battery Working Current/Capacity 3.7V, 2000mAh 

DJI Intelligent Battery 

Type 3S LiPo Battery 

Capacity 5200mAh, 11.1V 

Charging Environment Range 0 to 40 

Discharging Environment Range -20 to 50 

 

EXHIBIT B

DJI Phantom 3 TECHNICAL SPECIFICATIONS 

Aircraft 

Weight (Battery & Propellers Included) 1280 g 

Max. Ascent Speed 5 m/s 

Max. Descent Speed 3 m/s 

Max. Speed 16 m/s (ATTI mode, no wind) 

Max. Flight Altitude 6000 m 

Max. Flight Time Approximately 23 minutes 

Operating Temperature 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 Temperature Range 0°C- 40°C 

Battery 6000 mAh LiPo 2S 

Mobile Device Holder Tablets and smartphones 

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm 

Working Voltage 1.2 A @7.4 V 

Charger 

Voltage 17.4 V 

Rated Power 100 W

Intelligent Flight Battery ( PH3-4480 mAh-15.2 V ) 

Capacity 4480 mAh Voltage 15.2 V 

Battery Type LiPo 4S 

Energy 68 Wh 
Net Weight 365 g 

Operating Temperature -10°C- 40°C 

Max. Charging Power 100 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.