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), 9 1.119(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 Regist er, 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, videogr aphy, 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 ai rman medical certificate or a valid U.S. driver’s license issued by aJune 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 i nterest 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 Inspir e . 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 operat ion 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 1 1191. 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 abo ve 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 ofJune 10, 2015 Page 3

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 in trusions 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 comm unication; 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/con troller 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.

Airc raft 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 greate r 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 UA S 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 Page 4

4. The UAS will be operated at an al titude 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 permi ts 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) technolo gy.

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

1 3. No UAS o perations for the purpose of closed

- set motion picture and television filming will be not permitted.

Satisfaction of Section 333’s criteria (size, weight, speed, operatin g 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 pu rpose 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 Secreta ry 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 theJune 10, 2015 Page 5

public inter est. 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 airwor thiness 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 t o 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,

operat ions 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

bas ed 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 airc raft 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 i n 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 a nd 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 op erated in connectionJune 10, 2015 Page 6

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 i t 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) p rohibits 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 sh ould 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, i n 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

dis tance 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 perfor mance 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 Page 7

An altitude of 500 feet above the surface, except over open water or sparsely pop ulated 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 re spect 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 non

participating 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 air port 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,

wh ich 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 lea st 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 int ended 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 max imum 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 safe ty 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 u nless 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 Page 8

91.405(a) requires, in pertinent part, that an aircraft operator or o wner 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 fo llowing 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 a nd 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 inv olves 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 ope rator 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 r ecords 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 a re 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 addi tional maintenance protocols to ensure the highest level of safety.June 10, 2015 Page 9

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 securit y 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 wi th 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