Brian K. Mayfield

Direct Dial: (918) 641-4734

Email: ProfessionalAerialServices@gmail.com

June 10, 2015

Electronically Submitted

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Professional Aerial Services, LLC - Petition for Exemption to Operate 

Unmanned Aircraft Systems Pursuant to Section 333 of the FAA 

Reform Act 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, Pub. L. No. 

112-95 (2012) (“Section 333”) and the general exemption authority of the Federal 

Aviation Administration (“FAA”) under 49 U.S.C. § 44701(f), and through the 

undersigned, Professional Aerial Services, LLC (“Petitioner”) hereby petitions for 

exemptions from Federal Aviation Regulations (“FARs”) 14 C.F.R., Part 21, 14 C.F.R. 

§§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 

91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b). 

The contact information of Petitioner is 

Professional Aerial Services, LLC 

Attn: Brian K. Mayfield

Suite 300

321 S Boston Ave

Tulsa, Oklahoma 74103

Phone: (918) 641-4734

Email: ProfessionalAerialServices@gmail.com

Petition Summary

 

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

Federal Register, should it be determined publication is needed: 

Petitioner requests an exemption that would allow the commercial operation of small, 

unmanned aircraft systems (“UAS”) weighing 55 pounds or less equipped for the purpose 

of aerial photography, videography, mapping, crop surveying, inspections and other 

related operations. Petitioner’s UAS pilot in command (“PIC”) will hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate. The PIC will also 

hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a 
June 10, 2015

Page 2

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The requested exemption should be granted because operation of the 

proposed small UAS pursuant to the strict conditions outlined below will provide an 

equivalent level of safety as Congress intended. Petitioner will operate the following 

UAS: DJI Phantom 2 Vision+, DJI Phantom 3, DJI Inspire. Petitioner’s lightweight UAS 

are in the public interest because they are far safer than conventional flight operations 

containing flight crew and passengers. Petitioner’s UAS are small and will operate at 

slow speeds, close to the ground, far from airports in low-risk, low-population 

environments. They will operate only in line of sight within a restricted environment. 

Petitioner’s UAS will carry no passengers, have enhanced safety measures, and operate 

under the specific guidelines and specifications outlined herein. Accordingly, Petitioner 

respectfully requests that the FAA grant the requested exemption without delay. 

 

The Petitioner requests exemption from the following rules: 14 C.F.R., Part 21, 14 C.F.R. 

§§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 

91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b). 

Petitioner’s UAS

The requested exemption will permit the operation of three small unmanned rotorcraft: 

the DJI Phantom 2 Vision+, the DJI Phantom 3, and the DJI Inspire. Each UAS is 

equipped with an on-board flight computer system. All UAS provide the following 

functions: three (3) redundant modes of autopilot, enhanced fail safe (return-to-home) 

technology, low voltage protection, and 2-axle Gimbal support. Petitioner’s UAS use a 

radio frequency spectrum for operation and control that complies with the Federal 

Communications Commission (“FCC”) requirements. The FAA has recently granted 

Section 333 exemptions for several DJI UAS, including the DJI Phantom 2 Vision +. See, 

e.g., Grants of Exemption 11138, 11195, and 11191. For additional information, please 

refer to the manuals for each of the aforementioned UAS and Flight Controller systems 

attached hereto as exhibits. 

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 

CFR Part 47, and have identification (N-Number) markings in accordance with 14 CFR 

Part 45, Subpart C. Markings will be as large as practicable in accordance with § 

45.29(f). 

Flight Conditions and Operations

The UAS will be flown in airspace under 400 feet above ground level and under 

controlled conditions. If Petitioner intends to operate within five (5) miles of an airport, 

Petitioner will follow proper FAA procedure, notifying the FAA in advance of operation 

and when operation is complete. 

Petitioner’s pilot in command (“PIC”) will hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC will also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 
June 10, 2015

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Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC 

will always make a safety assessment of the risk of every operation and will only operate 

UAS when the PIC determines no undue hazards exist. The PIC will operate all UAS 

with instruments of first-person-view of the UAS and maintain constant GPS 

communication and flight telemetry data. A minimum of one (1) visual observer will be 

required to be in line of sight of the UAS at all times to further watch for intrusions into 

the area from individuals and other aircraft. The PIC and visual observer will be in 

constant communication through at least one (1) of the following methods: cellular phone 

communication (constant open call during flight); two-way radio communication; or 

verbal communication. No UAS flight will exceed line-of-sight distance of the PIC and 

visual observer at any time. 

All UAS operations will be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. Permission 

from property owner/controller or authorized representative will be obtained for each 

flight to be conducted.

For each UAS use, flights will be logged in a traditional pilot log-book. Petitioner will 

follow the procedures for start-up set forth in the manual for each UAS. Additionally, 

Petitioner will perform a site inspection before each flight to determine additional 

measures that may be necessary to safely operate the UAS. Petitioner will further perform 

a pre-flight communications check to make sure the PIC, visual observer, and UAS can 

remain in contact. 

Public Interest

Use of the UAS aircraft is in the public interest because the UAS aircraft will carry no 

passengers, crew, or flammable fuel.

Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption requested herein apply to UAS that have the 

characteristics and that operate within the limitations outlined herein. These limitations 

provide for at least an equivalent or greater level of safety to operate under the current 

regulations. 

Petitioner agrees to the following limitations and conditions with conducting its 

commercial UAS operations under an FAA exemption: 

1. All UAS will weigh no more than 55 pounds. 

2. All UAS will be operated within line of sight of the PIC and visual observer. 

3. The maximum total flight time for each UAS flight will conclude upon the earlier of 

thirty (30) minutes or until 25% of UAS battery remains. 
June 10, 2015

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4. The UAS will be operated at an altitude of no more than 400 feet above ground level. 

5. The PIC will hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC will also hold a current FAA airman medical certificate or a 

valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal Government.. 

6. The minimum crew for each UAS flight will be the PIC and one visual observer. 

7. The crew for each operation will at all times be able to communicate by voice or 

through radio or cellular devices. 

8. Written or oral permission will be obtained from the landowners or their authorized 

agents of the land over which all flights will occur. 

9. All necessary permissions and permits will be obtained from all appropriate local 

governmental agencies. 

10. All UAS will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. 

11. All UAS will be equipped with enhanced failsafe (return-to-home) technology. 

12. No UAS operations will present any national security issue. 

13. No UAS operations for the purpose of closed-set motion picture and television 

filming will be not permitted.

Satisfaction of Section 333’s criteria (size, weight, speed, operating capabilities, 

proximity to airports and populated areas, operation within line of sight and national 

security) provide an adequate justification for the grant of the exemptions requested 

herein allowing Petitioner’s commercial operation of UAS for the purpose of aerial 

photography, videography, mapping, crop surveying, inspections and other related

operations.

Statutory Authority for Exemption

Section 333, in reference to 49 U.S.C. § 44704, provides a mechanism for expedited 

operational authorization for the use of safe civil UAS operations in the National 

Airspace System (“NAS”). Specifically, Section 333(a) states that the FAA “shall 

determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion” of final rulemaking. If the Secretary of 

Transportation determines that certain UAS “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in 

the national airspace system. § 333(c). The FAA Administrator also has the general 

authority to grant an exemption if the Administrator finds the exemption to be in the 
June 10, 2015

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public interest. 49 U.S.C. § 44701(f). The Federal Aviation Act (the “Act”) expressly 

grants the FAA the authority to issue exemptions for exempt civil aircraft, as defined by § 

40101 of the Act, which includes an exemption for small UAS from the requirement that 

all civil aircraft have a current airworthiness certificate. 

Requested Exemptions

Petitioner respectfully requests relief from the following regulations: 

14 C.F.R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing 

and changing design approvals, production approvals, airworthiness certificates, and 

airworthiness approvals. 

The Act and Section 333 both authorize the FAA to exempt aircraft from the requirement 

of an airworthiness certificate upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. It is clear 

that Petitioner’s UAS may be operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed in a manner as safe or safer 

than a conventional aircraft operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

The small UAS to be operated hereunder (i) are less than 55 pounds fully loaded, (ii) 

carry neither pilot nor passengers; (iii) carry no explosive materials or flammable liquid 

fuels; and (iv) operate exclusively within a secured area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the 

operator and in compliance with local public safety requirements. Application of these 

criteria demonstrate there is no credible threat to national security posed by the UAS 

based on its size, speed and location of operation, lack of explosive materials, and 

inability to carry a substantial external load. 

61.113(a) and (b) prescribes that “no person who holds a private pilot certificate may act 

as a 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 an aircraft,” and that “a private pilot may, for compensation or hire, act as 

pilot in command 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.” 

61.133(a) sets forth privileges for persons holding commercial pilot certificates, including 

a provision that limits the ability to act as PIC of an aircraft for compensation or hire to 

persons holding a commercial pilot certificate. 

Petitioner’s UAS operations will be limited to restricted conditions and a controlled 

environment. The PIC will hold both his private and commercial pilot’s license, giving 

him extensive knowledge based on his experience and the exams and courses required to 

obtain his pilot’s licenses. Additionally, while the UAS will be operated in connection 
June 10, 2015

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with Petitioner’s business, no passengers or cargo will be transported. Petitioner believes 

these factors warrant relief from 61.113 (a) and (b) and 61.133(a). 

91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition. 

As there will be no airworthiness certificate issued for the UAS should this exemption be 

granted, no standard will exist for determining airworthiness. Petitioner will keep all 

UAS maintenance and safety information at the pre-determined ground station, where it 

will be readily accessible to the PIC and visual observer. Based on the documents 

available at the ground station, the PIC will be able to make a determination as to the 

airworthiness of the UAS. 

91.9(b)(2) prohibits the 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. 

Based on the FAA’s Memorandum dated August 8, 2014, Petitioner does not believe 

exemption from 91.9(b) or 91.203(a) and (b) is necessary. However, to the extent the 

FAA deems an exemption from these sections necessary for Petitioner’s proposed 

operations, such exemptions should be granted. Petitioner’s UAS are too small to safely 

carry the required manuals and placards. Additionally, as the UAS are unmanned, the 

manuals and other required information is more useful to the PIC at ground control. 

91.103(b)(1) prescribes, in pertinent part, that each PIC shall, before beginning a flight, 

become familiar with all available information concerning that flight. This information 

must include— (a) For a flight under instrument flight rules (IFR) or a flight not in the 

vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives 

available if the planned flight cannot be completed, and any known traffic delays of 

which the PIC has been advised by air traffic control (ATC); (b) For any flight, runway 

lengths at airports of intended use, and the following takeoff and landing distance 

information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight 

Manual containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and (2) For civil aircraft other than those specified in 

paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, 

relating to aircraft performance under expected values of airport elevation and runway 

slope, aircraft gross weight, and wind and temperature. 

Petitioner will comply with all applicable requirements of 91.103(a) and (b) and requests 

relief from 91.103(b)(1). The PIC will review weather, flight and battery requirements, 

UAS performance data, and appropriate landing and takeoff distances before each flight. 

Any risks presented will be mitigated by the PIC’s ability to see all nearby air traffic and 

activate the UAS return-to-home procedures if necessary. 

91.119(c) prescribes that, “[e]xcept when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: . . . (c) Over other than congested areas. 
June 10, 2015

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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.” 

Due the nature of Petitioner’s UAS activities filming and photographing, Petitioner 

requests relief from 91.119(c) with respect to participating persons, vehicles, and 

structures directly involved in Petitioner’s operations. Each UAS manual sets forth safety 

factors that will be used to ensure safe operation when in proximity to consenting 

participants. Petitioner will ensure that no UAS are operating within 500 feet of nonparticipating persons. 

91.121 requires, in pertinent part, 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.” 

Petitioner will not have a typical barometric altimeter on board the UAS. Instead, altitude 

information is provided to the UAS PIC through a digitally encoded telemetric data feed, 

which downlinks from the aircraft to an on-screen display on the ground. Prior to each 

flight, a zero altitude initiation point will be established and confirmed for accuracy by 

the PIC. 

91.151 prescribes, in pertinent part, that “(a) 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; or (2) At night, to fly 

after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 20 minutes.” 

91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is 

running low. Petitioner will operate UAS until the earlier of a maximum of thirty (30) 

minutes or when 25% of battery remains. All UAS are additionally equipped with a low 

battery failsafe that allow the UAS to safely land when little battery remains. The UAS 

are not propelled by fuel and will operate only within the safety constraints of the UAS 

battery life. 

91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it 

has within it “(1) an appropriate and current airworthiness certificate [. . . and] (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft Registration Application as provided for in 

§ 47.31(c).” 

91.203(b) prescribes, in pertinent part, that “no person may operate a civil aircraft unless 

the airworthiness certificate 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.” 
June 10, 2015

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91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies 

repaired as prescribed in Part 43 of the chapter. 

91.407(a)(1) prescribes that no person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter. 

91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with Part 21 of the same chapter. 

91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator 

“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 

that 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) 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 shall be retained until the 

defects are repaired and the aircraft is approved for return to service.” 

Petitioner will comply with safety and maintenance procedures included in all UAS 

manufacturer’s instructions and operating manuals. If necessary, Petitioner will develop 

and document additional maintenance protocols to ensure the highest level of safety. 
June 10, 2015

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Therefore, Petitioner’s exemption from 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b) is warranted. 

Conclusion

This Petition for Exemption demonstrates the appropriate safeguards and criteria that 

Congress articulated in Section 333 including weight, speed, operating capabilities, 

proximity to airports and populated areas, operation within VLOS and national security 

concerns. The proposed UAS operations will benefit the public as a whole by reducing 

human exposure to the risks associated with manned aircraft performing the activities. In 

consideration of the foregoing, this Petition for Exemption provides the FAA with more 

than adequate justification to allow commercial operation of Petitioner’s small UASs for 

the purpose of aerial photography, videography, mapping, crop surveying, inspections 

and other related operations. 

We appreciate your prompt consideration of our requested exemptions. Should you have 

any questions, or if you need any additional information to support the requested 

exemptions, please do not hesitate to contact the undersigned. 

Respectfully submitted, 

 

Brian K. Mayfield

Exhibits

Manuals: 

DJI Phantom 2 Vision+ 

DJI Inspire 

DJI Phantom 3