March 11, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 

CFR Part II , PAX Services, LLC. is submitting this Petition and seeks Exemption from the 

Federal Aviation Regulations as detailed below.

Applicant Information:

The name of the applicant: PAX Services, LLC.

The primary contact for this application, which a copy to me at the address above, is:

Thomas Van Ness

PAX Services, LLC.

9209 SW 28th Street, 

Oklahoma City, OK 73182

PAX Services, LLC is a corporation formed under the State laws of Oklahoma on or about

August 10, 2012, and Thomas Van Ness is the owner and President of PAX Services, LLC.

Pursuant to Section 333 of the FMRA, PAX Services, LLC. hereby requests a determination by 

the Secretary of Transportation authorizing commercial operations of UAS for the purposes of

aerial photography & videography, aerial infrared and thermal imaging and data collection, aerial 

wind turbine surveillance, aerial pipeline surveillance, commercial videos and other work related 

to aerial photography in the NAS. PAX Services, LLC. does not intend to use for closed-set 

filming. Flight operations will utilize the off the shelf DJI Phantom 3 Pro families of unmanned 

aircraft equipped with FLIR Vue thermal imaging equipment. Conduct of UA operations will be 

with respect to FMRA Section 333(c) and the UAS “Blanket COA”. 
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Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. 

The attached documentation includes detailed exemption requests that demonstrate how these 

exemptions are in the public interest and will maintain at least an equal level of safety to existing 

regulations. Authorizing PAX Services, LLC. to conduct commercial UAS operations will result 

in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due 

to the low altitude environment, given the size, speed and inherent risk of traditional commercial 

helicopter operations. These commercial operations often occur in the unsafe areas of the heightvelocity diagram requiring special precision and skill. PAX Services, LLC., will conduct the 

commercial UAS operation in a manner that will meet, and in many cases exceed, the current 

level of safety of commercial helicopter operations. The DJI Phantom has a low noise signature, 

and carries no volatile fuel which will limit collateral damage in the event of catastrophic failure. 

The low expense of operation compared to cost prohibitive manned aviation alternatives allow a 

greater economic benefit to businesses. For these reasons, granting an exemption under FMRA 

Section 333(c) is in the public interest. UAS technology used for these commercial purposes 

benefit the public interest in the following ways: 

 Reduces the collateral damage risks to life and property associated with low altitude 

helicopter operations in undesirable portions of the height-velocity envelope. 

 Increased economic wellbeing to local businesses via cost reductions.

 Lower operating cost will allow for more frequent inspections of public buildings which 

will lower overall risks to the public of catastrophic structure failures based on more 

frequent maintenance schedules.

 Significant increase in worker safety; utilizing UAS’s for elevated inspections of roofs 

and walls as opposed to having workers ascend, descend or repel to make inspections of 

particular building details.

 Enabling aerial business imaging solutions to be available to a larger market.

 Due to slower speed and lower altitudes, UAS technology allows for more thorough 

inspections of public buildings than conventional helicopter or fixed wing inspections for 

greater accuracy and maintenance determinations.

 Structural energy efficiency studies can be performed with greater accuracy based on the 

low speed and altitude of UAS operations.

 Building envelope inspections usually occur within a 25’ distance from the target 

structure, both vertically and horizontally, the small operating area further reduces the

possibility collateral damage risks to life and property in the event of drone failure.
March 11, 2016

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Table of Contents

I. Exemptions Requested

II. Commercial Operation/Operator

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Public Interest

VI. Summary

VII. List of Attachments

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), PAX Services LLC., requests exemption from the following 

regulations:

 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness 

certificates as required by 14 C.F.R. § 91.203(a)(1) 

Given the small size of the UA and the safeguards that will be taken as outline below, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the 

particular UAS.”

 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

o When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport, "experimental," or "provisional," as applicable. 

PAX Services LLC., will ensure compliance with § 45.29(f) to meet the intent of the 

regulation by displaying the registration number in the largest practicable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, Private and 

Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this 

section, no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation 

or hire; nor may that person, for compensation or hire, act as pilot in command of 
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an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in 

command of an aircraft in connection with any business or employment

o 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a 

commercial pilot certificate may act as pilot in command of an aircraft – (ii) For 

compensation or hire, provided the person is qualified in accordance with this part 

and with the applicable parts of this chapter that apply to the operation. 

o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may 

not act as pilot in command of an aircraft:

 For compensation or hire;

 In furtherance of a business;

UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot 

certificate of any category or a valid driver’s license.

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

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

The PIC will conduct daily pre and post flight inspections in accordance with 

manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to 

§ 91.7(b) and abort air operations immediately upon identification of an in-flight 

emergency or other unsafe condition. By complying with procedures outlined by the 

manufacturer, an equivalent level of safety will be achieved.

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

o (b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available 

in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. 

By keeping all operating documents, manuals, authorizations and exemptions in a binder 

co-located with the GCS, PAX Services LLC., meets the intent of the regulations and 

therefore achieve an equivalent level of safety.

 14 C.F.R. 91.109(a) – Flight Instruction

o 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.

The majority of sUAS by design are developed with single operational control through 

the use of pre-determined GPS enabled waypoints programmed before or during flight in 

addition to the use of a single hand held transmitter or control station controlled by the 

PIC. The design does not allow for dual controls during flight training and therefore the 

exemption is requested to train operators, build experience, and maintain proficiency. An 

equal level of safety will be achieved by conducting all training in sterile environments. 

Training sessions will be accomplished separately from flights conducted for 

compensation or hire.
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 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: (b) Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 feet 

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If 

the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA.

Commercial UAS operations will be conducted at or below the maximum altitude 

authorized by COA. Given the size, weight and lack of fuel; combined with operation 

limitations listed below, the operation will be conducted with a greater level of safety 

than exists with current manned aviation operations.

 14 C.F.R. 91.121 – Altimeter Settings

o 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... 

SUAS are equipped with Global Positioning System (GPS), which provide altitude and 

geo-location data to the operator without utilizing an altimeter. Due to this fact, an 

exemption is required. GPS are precise within a few feet and combined with fail-safes 

and a visual observer the operation will meet an equivalent level of safety.

 14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions

o No person may begin a flight in an airplane 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— (1) 

During the day, to fly after that for at least 30 minutes;

This regulation is written based on the capabilities of a traditional aircraft, which have 

flight times of several hours or greater; therefore, with the majority of sUAS which have 

flight times of only an hour or less, this regulation would effectively deny the ability of 

the air vehicle to operate.

The PIC will achieve an equivalent level of safety by complying with all manufacturer 

guidelines and DJI low battery failsafe systems.
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 14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and 

Use.

o All airspace. Unless otherwise authorized or directed by ATC, no person may 

operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of 

this section, unless that aircraft is equipped with an operable coded radar beacon 

transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A 

interrogations with the code specified by ATC, or a Mode S capability, replying 

to Mode 3/A interrogations with the code specified by ATC and intermode and 

Mode S interrogations in accordance with the applicable provisions specified in 

TSO C-112, and that aircraft is equipped with automatic pressure altitude 

reporting equipment having a Mode C capability that automatically replies to 

Mode C interrogations by transmitting pressure altitude information in 100-foot 

increments. This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in 

appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not 

originally certificated with an engine-driven electrical system or which has not 

subsequently been certified with such a system installed, balloon or glider may 

conduct operations in the airspace within 30 nautical miles of an airport listed in 

appendix D, section 1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area 

designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries 

of a Class B or Class C airspace area designated for an airport upward to 10,000 

feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an 

engine-driven electrical system or which has not subsequently been certified with 

such a system installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and 

above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the 

surface; and
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(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile 

radius of any airport listed in appendix D, section 2 of this part, excluding the 

airspace below 1,200 feet outside of the lateral boundaries of the surface area of 

the airspace designated for that airport.

The sUAS to be used in the proposed operation does not come equipped with a 

transponder. No transponder exists for the sUAS, which can be installed. The petitioner 

requests relief from the exemption to the extent required to operate in areas in which a 

transponder is required according the applicable regulations in this part. 

The PIC will achieve an equivalent level of safety by complying with all provisions of 

the COA under which operations are to be conducted. By issuing appropriate NOTAMS 

and prior ATO coordination, an equivalent level of safety can be achieved as other 

manned aircraft, which receive authorization to fly in airspace where a transponder is 

required but not operable. In order to give proper notice to the ATO, the PIC will comply 

with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply 

with all altitude limits and airport standoff distances required by COA, which mitigate 

hazards to aircraft controlled by the ATO in congested airspace.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance 

Inspections

o 91.405(a) States: 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

o 91.407(a)(1) States: (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

o 91.409(a)(2) States: (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 (2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. No inspection performed under paragraph 

(b) of this section may be substituted for any inspection required by this 

paragraph unless it is performed by a person authorized to perform annual 

inspections and is entered as an ‘‘annual’’ inspection in the required maintenance 

records.

o 91.417(a) & (b) States: (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: (paragraphs 1 (i 

– iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for 

the periods prescribed: (paragraphs 1 – 3)
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The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the 

manufacturer’s guidance as stated in the operations manual. If maintenance is required, 

the PIC will conduct a dedicated test flight will be conducted to ensure safety before 

resuming commercial operations. All inspection, maintenance and alterations will be 

documented and maintained in a record. These actions will meet the intent of the 

regulations from which exemption is being requested and lead to an equivalent level of 

safety.

II. Commercial Operator/Operation

For each flight, PAX Services, LLC:

 Will contact the controlling air traffic organization to issue a NOTAM.

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of 

customer property or authorized access areas.

 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will identify potential obstructions or other hazards to safe operation.

 Will clear the area of personnel or bystanders that are non-essential to the operation, 

maintaining at a minimum, 500 feet away from non-participating persons.

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating 

persons.

 Will assure that the PIC and all operational staff will not be under the influence of 

alcohol or other pharmaceuticals. 

 Will at all times yield to manned air traffic.

 Will maintain voice communications with VO and participating persons.

 Will operate under visual flight rules, in visual meteorological conditions, for the airspace 

in which the flight is conducted.

 Will not exceed the maximum altitude as defined in the COA under which flight 

authorized, as determined by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a binder colocated with the GCS.

 Will immediately terminate flight, in the safest manner possible, when safety to persons 

or property become compromised.

 Will terminate flight, in the safest manner possible, when unable to comply with these 

limitations or any other limitations granted as part of this exemption.

 Will not attach equipment or payloads that are more than the manufacturer recommended 

weight for the UA.

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief 

is needed from Section 91.119 (c). By following these operating standards, the commercial 

operation will meet an equivalent level of safety to the regulation in which relief is sought.
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III. Unmanned Aircraft System

PAX Services. seeks exemption to operate DJI UAS. Other UAS types may be requested in 

future amendments. The DJI Phantom 3 Pro is the primary aircraft in our operation for which we 

seek exemption The UA will be flown via a combination of RC control and tablet GCS. UA 

types are GPS equipped multirotor helicopters. Quad-copter type rotorcraft utilizing four motors. 

Lithium-polymer batteries power the UA.

The UA also has several fail-safes for loss of RC signal, loss of GPS, and low battery as outlined 

in the respective Operation Manuals. The UA display visual and emit an audible low battery 

alerts at which time the UA will automatically engage the landing sequence. Based upon those 

safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR 

conditions. 

Given the size, weight, speed, and controlled operating area associated with the UA to be 

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The 

UA will display the registration number in the largest practicable lettering. PAX Services LLC

seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections will be conducted according to operations manual and prudent 

judgment as previously outlined to determine the integrity and safety of the UA and associated 

equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft 

without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the 

aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be 

inappropriate. The UAS are too small to carry the operating documents so an equivalent amount 

of safety can be achieved through keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command (PIC)

Under part § 61, recreational, sport and private pilots are limited to non-commercial operations, 

however PAX Services LLC., can ensure UA operations will achieve an equivalent level of 

safety as current regulation because UA do not carry any pilots or passengers. A commercial 

pilot certificate will not ensure RC piloting ability, as the psychomotor skills are different. The 

inherent risks of operating a UAS are far less than in the commercial activities outlined in 14 

CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges 

and Limitations. PICs will maintain recent flight experience on the UAS. Training and 

experience flights will be conducted separate from commercial operations. PIC training will be 

documented and maintained in a binder with UA operating manuals and flight plans.

V. Public Interest

Given the above stated evidence, procedures, and precautions operating UAS commercially for 

the purposes of aerial photography & videography, data collection, aerial infrared and thermal 

data collection, aerial structure inspections, aerial wind turbine surveillance, aerial pipeline
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surveillance, commercial videos and other work related to aerial photography will ultimately be 

in the public interest. These operations, when executed with prudence, will exceed the current 

level of safety as the regulations from which exemption is sought. UA operations will allow 

greater access to commercial aerial services that were not previously economically feasible for 

many firms; furthermore, the increased frequency of inspections due to lower cost will further 

mitigate the risk to life and property due to catastrophic structure failure. Structural energy 

efficiency studies help to find areas where energy consumption and associated emissions may be 

lowered creating both a financial and environmental benefit to the public. UA operations are 

associated with less risk of collateral damage to persons and property while limiting disruptive 

noise pollution associated with low altitude aviation operations.

VI. Summary

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform

Act of 2012”, PAX Services, LLC, hereby applies for authorization to conduct commercial 

unmanned aerial systems (UAS) operations for the purposes of aerial photography & 

videography, data collection, aerial wind turbine surveillance, aerial pipeline surveillance,

commercial videos and other work related to aerial photography listings Rules for which 

exemption is sought:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)

 14 C.F.R. § 91.215(b)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

VII. Attachments: (CHANGE ATTACHMENTS LISTED BELOW BASED ON THE 

DRONES YOU ARE USING FOR YOUR BUSINESS****)

1. Specific UAV manuals. 

a. DJI Phantom 3 Safety Guidelines Disclaimer

b. DJI Phantom 3 Charging Hub User Manual

c. DJI Phantom 3 How to Update Firmware – Version 1.2

d. DJI Phantom 3 Professional Release Note
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e. DJI Phantom 3 Advanced Release Note

2. UAV user manual

a. DJI Phantom 3 Professional User Manual – Version 1.4

b. DJI Phantom 3 Advanced User Manual – Version 1.4

3. Battery Manuals

a. DJI Phantom 3 Professional Intelligent Flight Battery Safety Guidelines

4. Quick Start guides.

a. DJI Phantom 3 Professional Quick Start Guide – Version 1.2

b. DJI Phantom 3 Advanced Quick Start Guide – Version 1.2

Thanks you for your prompt attention and consideration. Our company and its clients are 

committed to safe UAS operation and ambassadors. Please do not hesitate to contact me 

directly with any questions or concerns at: 405 761 3876

Very truly yours,

PAX Services, LLC>

Thomas Van Ness

PAX Services LLC,

9209 SW 28th ST

Oklahoma City, OK 73128

ES/cam

Enclosures