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U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, S.E.

Washington, DC 20590

Submitted electronically by email to: 333exemptions@faa.gov or directly on the FAA website

Petition for Exemption Under 14 CFR Section 11.81 to Allow Commercial Use of Small 

Unmanned Aircraft Systems (sUAS)

Petitioner:

Garry Richard Lane

122 Tebbetts Road

Rochester, NH 03867

Tel. 603-332-2357 (home); 603-496-9210 (cell); 603-410-4913 (work)

Email: garrylane1980@gmail.com

FAR sections Garry Lane seeks relief from: FAA Modernization and Reform Act of 2012, PL 

112-95 February 14, 2012, Section 333, 14 CFR Parts: 21, Subsection H (Airworthiness 

certification); Part 61.113(a) and (b) (Private pilot privileges and limitations, specifically flying 

for compensation and flights incidental to business); Part 91.103(b)(2) (flight performance 

under expected values of airport slope and elevation); Part 91.105 (flight members at crew 

stations); Part 91.109 (flight instruction, dual controls etc.); Part 91.119 (minimum safe 

altitudes); Part 91.121 (altimeter settings); Part 91.151 (VFR fuel requirements); Part 91.207 

(emergency locator transmitters); Part 91.405 (required maintenance); Part 91. 407 

(operation after maintenance); Part 91.409 (inspections) and Part 91.417 (maintenance 

records).

Purpose: Garry Lane seeks exemption in order to operate small Unmanned Aircraft Systems 

(sUAS) for commercial purposes and to comply with FAA regulations.

Commercial purposes include: aerial photography and videography and other sensing 

technology recording services, agricultural uses, aerial inspection, surveying, search and rescue 
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assistance, real estate, cinematography, corporate and personal videos, sporting events and 

other special events and gatherings.

Public interest: Using sUAS for these commercial purposes positively affects and effects the 

public interest. 

For example, since persons are not onboard sUAS, the risks of manned flight and injury or death 

to persons onboard aircraft are reduced and eliminated. This would be especially true where 

airplanes or helicopters were being used at low altitude to accomplish the work. A manned 

helicopter might be flying in the “dead man” curve in order to capture similar images to what 

an sUAS could capture without risk to persons. A manned airplane might have to fly low to the 

ground and risk collision with towers, trees and might have no safe landing options were the 

engine to fail in flight. A manned helicopter may have insufficient altitude or forward flight 

speed to safely auto-rotate in the case of engine failure. In the event of an engine failure, the 

risk of a manned airplane or manned helicopter crash to persons on the ground could be 

substantial. By contrast, if an sUAS crashes the only likely damage will be to the aircraft itself 

because the aircraft will not be flown directly over persons other than the operator (and rarely 

if ever, over even the operator). Using an sUAS for real estate purposes, for example, to 

videotape the condition of shingles on a roof is much more efficient and safe than putting a 

person on the roof with a ladder. Similarly, an sUAS might be used to search for wasps that 

might have made homes for themselves in wood siding or cupolas (and in turn those wasps 

create risk for painters and contractors) before contractors and painters and even homeowners 

climb ladders and are stung by those wasps. 

sUAS use electric motors and do not produce any pollution during flight and even producing the 

electricity to charge the sUAS batteries would produce significantly less pollution in all 

likelihood, compared to a piston or turbine engine in manned aircraft. Although an sUAS can 

sound like a swarm of bees if flown at very low altitude, the noise produced by an sUAS is 

almost non-existent compared to the noise produced by manned aircraft. 

Because of the reduced cost of using an sUAS for these operations (compared to the use of

manned helicopters or airplanes), these services will be less expensive for persons or 

businesses seeking these services. More importantly, some persons or businesses will use such 

aerial services for the first time because of lower cost making such services cost effective for 

those users for the first time. Use of sUAS will help the economy by expanding economies, 

producing new industries etc. 

Further, responsible use of sUAS will likely greatly increase the interest of young persons in 

flight and aviation and in turn will lead many to obtain flight and ground school training, to 

obtain special sUAS pilot licenses (once those have been created), perhaps obtain regular 

aircraft pilots’ licenses and breathe new life into small airport operators (who can offer ground 

and flight instruction and encourage people to learn to fly manned and unmanned aircraft). If 

sUAS offer new opportunities for FBO’s, that in turn will allow more small airports to survive 
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and thereby enhance the national airspace system. These new young pilots may later advance 

to become professional pilots or larger UAV that are flown for more advanced commercial, 

scientific or military defense purposes. 

Aerial photos and video of properties for sale will better assist buyers in finding the right 

property and in better understanding prospective neighborhoods (including in places where use 

of helicopters and airplanes is not safe or practical). Use of sUAS for search and rescue, of 

course, may directly save lives and reduce injuries.

Aircraft to be used: Petitioner will use DJI Phantom III Professional sUAS. The Phantom III 

Professional weighs substantially less than 55 pounds, has GPS ability, reports altitude and 

remaining electrical charge for flight to the ground operator. The Phantom has the ability to 

return to the departure point, on its own, and to land itself in the unexpected event that the 

electronic signal between the aircraft component and the ground controller component is lost. 

The DJI Phantom is commonly used in similar businesses.

Aircraft registration: The aircraft to be used will be registered in accordance with Section 

44711 and Part 47 and Part 45, Subpart C.

Maintenance and inspection: Petitioner will require maintenance and inspections to be 

performed based on the requirements of the manufacturer to maintain airworthiness. All repair 

and maintenance will be performed by qualified personnel.

Pilots in Command and safe flying: The petitioner understands that for this new and exciting 

UAV industry to thrive and injury to be avoided requires operators to responsibly maintain and 

safely fly the aircraft. The petitioner will require sUAS training and test flights of all Pilots in 

Command (“PIC”), in safe-to-operate areas, before the PIC is allowed to make any commercial 

flight, and will conduct all flights in accordance with the FAA standards and regulations set forth 

by the exemption and/or corresponding COA if the exemption is granted. 

Request for relief: Petitioner respectfully requests that the FAA grant the requested exemption 

within its authority pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) and pursuant to 

section 333 of the Reform Act.

Respectfully, 

Garry Richard Lane

122 Tebbetts Road

Rochester, NH 03867

Submitted December 18, 2015