Project Officer: 

IAN MICHAEL EMERICH-HONAUER

FOUNDER

SKY GUARDIAN ENTERTAINMENT LLC

608 LAKE AVENUE

SPRING LAKE HEIGHTS

NEW JERSEY 07762
July 6th

, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Dear Sir or Madam

Attached please find Sky Guardian Entertainment, LLC (hereby referred to as “Sky Guardian”) request for 

an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small 

Unmanned Aircraft Systems, hereby referred to as “UAS” for aerial imaging for the purpose of aerial 

photography and videography of real estate, construction sites, and special events including but not 

limited to weddings, concerts and festivals, etc. This exemption request is exclusively for the use of the 

UAS manufactured by DJI, Inc., A Shenzhen based company in China.

Thank you for your time and consideration, and please let me know if you have any questions

Sincerely,

Ian M. Emerich-Honauer

Ian M. Emerich-Honauer

Founder

Sky Guardian Entertainment, LLC
July 6, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) 

(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1);

91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

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

Act) and 14 C.F.R. Part 11, Sky Guardian Entertainment, LLC, an aerial video and photography 

company, hereby applies for an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("UAS") for 

aerial imaging for construction sites, special events, and real estate, so long as such operations 

are conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

The requested exemption would permit the operation of UAS under controlled 

conditions in airspace that is; limited, predetermined, and controlled as to access. Approval of 

this exemption would enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to "...establish requirements for the safe operation of such 

aircraft systems in the national airspace system." Section 333(c) of the Reform Act.

The name and address of the applicant is: 

Sky Guardian Entertainment, LLC

Ian Michael Emerich-Honauer

PH: 908-675-

2128

Email: honaueri1@gmail.com

Address: 608 Lake Avenue, Spring Lake Heights, NJ 07762

Regulations from which the exemption is requested:
14C.F.R.Part21

14 C.F.R. 45.23(b)

14C.F.R.61.113(a)&(b)

14C.F.R.91.7(a)

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

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14C.F.R.91.151(a)

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

14C.F.R.91.405(a)

14 C.F.R. 407 (a) (1)

14C.F.R.409(a)(2)

14C.F.R.417(a)&(b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including UAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC

§44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate 

in the National Airspace System (NAS) without creating a hazard to the user, the public, or a 

threat to national security. In making this determination, the Secretary must consider:

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close proximity 

to airports
Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 2 operation 

of such aircraft in the national airspace system." Id. §333(c).

Sky Guardian Entertainment, LLC’s UAS are multirotor vehicles, weighting 10 or fewer lbs. 

including pay load. They operate under normal conditions at a speed of no more than 50 

knots and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. The UAS will operate only in the pilot's visual line of sight at all times and 

will operate only within the sterile area.

Given the small size of the UAS involved and the restricted and sterile environment within 

which they will operate, our application falls squarely within the zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UAS to commence immediately,

Also due to the small size of the UAS and the low altitudes and restricted areas in which our

UAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, the 

grant of the requested exemptions is in the public interest. Thus, Sky Guardian 

Entertainment, LLC respectfully requests that the FAA grant the requested exemption 

without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS 

before completion of the rulemaking required under Section 332 of the Reform Act. By 

granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate 

with significant safety precautions in low risk environments.

The use of UAS on a construction site can significantly reduce the risk to workers of falls 

while inspecting, surveying, or monitoring site progress. UAS can inspect, photograph, and 

collect data on hard to get to areas that otherwise would require worker inspection.

Additionally, UAS for real-estate and construction sites could replace the use of 

helicopters and small aircraft to monitor and photograph these areas. The UAS we 

propose to fly in this application are under five pounds, and carry no combustible 

material on board, as opposed to the much larger conventionally powered small aircraft. 

Shifting to UAS from helicopters presents a marked safety increase for our workers and 

the public.

Furthermore, UAS in the use of special events, while obeying the rules and regulations of 

the FAA can provide the public with a new style of photography that will enhance the 
economy, promote job growth, and increase revenue for the state. A new industry is in 

great public interest.

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used 

for aerial imaging and data collection. Our UAS use rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of 

times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Sky Guardian Entertainment, LLC proposes that the exemption requested herein apply to 

civil aircraft that have the characteristics and that operate with the limitations listed herein. 

These limitations provide for at least an equivalent or even higher level of safety to 

operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the already safe protocols followed in real estate, event, 

and construction site photography conducted with helicopters and other conventional 

aircraft.

Sky Guardian Entertainment, LLC will be bound by the following limitations when conducting 

its UAS operations under an FAA issued exemption:

1. The UAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 18 minutes. The UAS 

calculates battery reserve in real time, and will return to its ground station with at least 

20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights never operate exceeding 400 feet AGL.

5. Crew for each operation will consist of the certified UAS pilot who will keep the UAS 

within his/her visual line of sight at all times.

6. The UAS pilot will be trained in flight, operations, and safety procedures.

7. The UAS will only operate within a confined secure area.

8. A briefing will be conducted in regard to the planned UAS operations prior to each 

day's production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator 

will obtain additional verbal or written consent of all persons who will be allowed within 

100 feet of the flight operation.

10. The pilot will have been trained in operation of UAS generally and received up-todate information on the particular UAS to be operated.

11. Written and/or oral permission from the relevant property holders will be obtained.
12. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies.

13. If the UAS loses communications or loses its GPS signal, it will have capability to return 

to a pre-determined location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be utilized by Sky Guardian 

Entertainment, LLC, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. Our small UAS will be operated at low speed in 

a controlled environment, at least five miles from an airport and more than three miles 

from a densely populated area. An analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or helicopter) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The UAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area. Like other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by the operator, and under the requirements and 

in compliance with local public safety requirements. The FAA will have advance notice of 

all operations.

Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and ability to carry an 

external load no greater than two lbs,

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high 

"limited," "restricted," "light-sport," "experimental," or "provisional," near each entrance 

to a cabin, cockpit, or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed 

as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 
"Experimental" can be placed. Given the size of the UAS, two-inch lettering will be 

impossible. The word "Experimental" will be placed on the fuselage in compliance with

§45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with 

the UAS will see the identification of the UAS as "Experimental." The FAA has issued the 

following exemptions to this regulation: Exemptions Nos. 10700, 8738,10167 and 

10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring the pilot operating the aircraft to have 

completed a UAS flight training course of 100 hours before flying a UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled 

with no living thing or cargo on board. The area of operation is controlled and restricted, 

and all flights are planned and coordinated in advance. The risks associated with the 

operation of the UAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the UAS as 

requested with a pilot who has met the minimum requirements stated in Section F of the 

Manual exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft there will be the use of safety checklists prior 

to each flight, as set forth in Section B and Section G, an equivalent level of safety will be 

provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

The UAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the UAS manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 

8737,

8738,9299,9299A, 9565,9565B, 10167,10167A, 10602,32827, and 10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure 

the safety of flight. An exemption is needed from this requirement as the pilot will take 

separate preflight actions, including checking for weather conditions, checking flight 
battery requirements, checking takeoff and landing distances, and all other actions 

necessary to ensuring a safe flight, including but not limited to pre-flight take off and 

landing. These actions will provide an equivalent level of safety.

14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls.

By design, UAS and remotely piloted aircraft do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has previously approved exemptions for 

aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be

carried in the aircraft, the ability to control the UAS via radio signals from the controller, 

and by the size and speed of the aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the

FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical 

take-off and vertical landing, which will operate at altitudes of less than 200 AGL, so an 

exemption may be needed to allow such operations. The UAS will never operate at altitude 

higher than 400 AGL and will be in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as 

well as the location where it is operated. No flight will be taken without the permission of 

the property owner or local officials. Because of the advance notice to the property 

owner and any onsite personnel, all affected individuals will be aware of the planned 

flight operations. Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 10 lbs. proposed herein and carrying flammable fuel, any risk 

associated with our operations is far less than those presently presented with helicopters 

and other conventional aircraft operating at or below 500 AGL in the construction 

industry. In addition, the low-altitude operations of the UAS will ensure separation 

between these small- UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 
equivalent level of safety will be achieved by the operator, pursuant to the Manual and 

Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our 

UAS is limited to operations in sterile and controlled environments as outlined in the 

Manual, and has a limited range and flight time which require an exemption from 14 CFR 

91.151(a).

The battery powering the UAS provides approximately 18 minutes of powered flight. To 

meet the 18 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited 

to approximately 10-12 minutes in length. Given the limitations on the UAS's proposed 

flight area and the location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight or night VFR conditions is reasonable.

Sky Guardian Entertainment, LLC believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, 

in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough 

battery reserve to ensure that the UAS lands at the ground station with at least 20% of 

battery power (as determined by the onboard monitoring system and the pilot), whichever 

happens first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F,

5745,10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate. ...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 10 lbs and is operated without an onboard 

pilot. Therefore there is no ability or place to carry certification and registration 

documents or to display them on the UAS.
An equivalent level of safety will be achieved by keeping these documents at the ground 

flight control point where the pilot flying the UAS will have immediate access to them, to 

the extent they are applicable to the UAS. The FAA has issued numerous exemptions to 

this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565,9665,9789,9789A,

9797,9797A, 9816A, and 10700.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner "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...," and others shall inspect or maintain the aircraft in 

compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Sky Guardian Entertainment, LLC. Maintenance 

will be accomplished by the operator pursuant to the flight manual and operating 

handbook as referenced in the Manual. An equivalent level of safety will be achieved 

because these small UASs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the UAS can 

land immediately and will be operating from no higher than 400 feet AGL. The operator 

will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal

Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R

45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

91.15l(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 

91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs or less) in 

construction operations.

Approval of exemptions allowing commercial operations of UAS in the construction

industry enhances safety while reducing risk. Manned aircraft monitoring and surveying 

creates a greater risk because the craft are much larger, have combustible fuel, and carry 

an onboard human pilot. In contrast, a UAS weighing fewer than 10 lbs. and powered by 

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The UAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 10 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 
exemptions requested herein, including exempting the applicant from the requirements of 

Part

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, 

close to the ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close proximity to 

the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. Images taken will be of individuals who have also consented 

to being filmed or otherwise have agreed to be in the area where aerial photography will 

take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security - provide more than adequate -

justification for the grant of the requested exemptions allowing commercial operation of 

applicant's UASs in the fields requested.

Sincerely,

Ian Michael Emerich-Honauer

Ian M. Emerich-Honauer

Founder

Sky Guardian Entertainment, LLC