US	Department	of	Transportation	Exemption	Request	Pursuant	to	Section	333	of	the	

FAA	Modernization	and	Reform	Act	of	2012	

November	24,	2015

Wayne	M.	Lane

7319	Bridlespur	Lane

Delaware,	OH	43015

US	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Avenue,	SE

Washington,	DC	20590

Re:	Exemption	Request	Pursuant	to	Section	333	of	the	Federal	Aviation	

Administration	(FAA) Modernization	and	Reform	Act	of	2012	of	the	Federal	

Aviation	Regulations	(FARs)	from:	14	CFR	Part	21 Subpart	H;	14	CFR	45.23(b);	14	

CFR	61.113(a)&(b);	14	CFR	91.7;	14	CFR	91.9(b)(2);	14	CFR	91.103;	14	CFR	91.109;	

14	CFR	91.119(d); 14	CFR	91.121;	14	CFR	91.151(a);	14	CFR	91.203(a)&(b);	CFR	

91.405(a);	14	CFR	91.407(a)(1);	14	CFR	91.409(a)(2);	14	CFR	91.417(a)&(b).

Dear	Sir	or	Madam:

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

and	the	procedures	contained	within	14	CFR	Part	11,	I,	Wayne	M.	Lane, operator	of	

Unmanned	Aircraft	Systems	(UAS),	request	exemption from	the	listed	FARs	to	allow

commercial	operation	of	designated	UAS,	provided	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	approval	of	this	exemption	will	aid	in	public	awareness	of	UAS	operations,	

capabilities,	and	limitations.	The	establishment	of	requirements	for	the	safe	

operation	of	such	aircraft	helps	to	fulfill	the	FAA	stated	goal:	“The	FAA’s	continuing	

mission	is	to	provide	the	safest,	most	efficient	aerospace	system	in	the	world.”

Thank	you	for	your	consideration.

Wayne	M.	Lane
Commercial	operation	of	UAS,	as	described	herein,	which	are	equipped	with	

cameras	and	sensors,	would	provide	professional	services	in	these	areas:

1. Aerial	photography	and	video	for	public	and	or	private	use	including	real	

estate,	architecture,	land	and	agriculture	surveying	and	other	related	

professional	activities.

2. Aerial	video	and	photography	for	public	and	or	private	use	including	

television,	public	events,	cinematography, and	newsgathering.

3. Aerial	inspection	and	photography	of	residential	commercial	structures	

under	contract	with	owners	or	local	government	authority.

4. Aerial	inspection	and	photography	of	residential/commercial	utilities	power	

lines,	cell	towers, and	wind	turbines.

5. Aerial	photography	and	video	for	first	responder	organizations	to	assist	in	

search	and	rescue	or	natural	disasters	when	deemed	necessary	by	

authorities	by	contract	or	donated	services

6. Training	for	individuals	or	groups	to	increase	public	awareness	of	the	uses	

and	limitations	of	UAS	operations.

As	detailed	below,	the	requested	exemption	would	permit	the	operation	of	

designated	UAS	as	set	forth	in	this	document	under	controlled	conditions	in	the	NAS	

that	would	be	(a)	limited,	(b)	controlled,	(c)	predetermined,	and	(d)	safe. Approval	

of	this	exemption	would	increase	public	awareness	of	UAS	operations	and	enhance	

safety	to	aid	in	fulfilling	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.”

The	name	and	address	of	the	applicant	is:

Wayne	M.	Lane

7319	Bridlespur	Lane

Delaware,	OH	43015

wmlane@me.com

Exemption	from	the	following	regulations is	requested:

14	CFR	Part	21	subpart	H
14	CFR	§45.23(b)

14	CFR	§61.113(a)&(b)

14	CFR	§91.7

14	CFR	§91.9(b)(2)

14	CFR	§91.103

14	CFR	§91.109

14	CFR	§91.119(d)

14	CFR	§91.121

14	CFR	§91.151

14	CFR	§91.203(a)&(b)

14	CFR	§91.405(a)

14	CFR	§91.407(a)(1)

14	CFR	§91.409(a)(2)

14	CFR	§91.417(a)&(b)

Wayne	M.	Lane	will	operate	one	or	more	of	the	following	model	UAS:

Chroma	CG02	+	Stabilized	1080P	Camera

The	Aircraft	Specifications

Chroma	CG02	+	Stabilized	1080P	Camera

Approximate	Flying	Time 30	Minutes

Battery 11.1V 3S 6300mAh	Li-Po

Motor	to	Motor	Distance 400	mm

Height 9.50 in	(242	mm)

Weight 45.9	oz	(1.3	kg)

Motors 780	Kv	Brushless	Outrunner

Prop	Diameter 10.2	in	(260	mm)

Flight	Control	Link 2.4GHz

Video	Link 5.8GHz

Approximate	Video	Link	Range 1970	ft	(600	m)

GPS	Receiver GPS,	GLONASS	

Recommended	Environment Outdoor

DJI	Phantom	3
Aircraft

Diagonal	Size	(including	propellers) 590	mm

Max	Ascent	Speed 5	m/s

Max	Descent	Speed 3	m/s

Hover	Accuracy  Vertical:+/-0.1	m	(when	Vision	

Positioning	is	active)	or	+/-0.5	m

 Horizontal:+/-1.5	m

Max	Speed 16	m/s	(ATTI	mode,	no	wind)

Max	Altitude	Above	Sea	Level 6000	m

Operating	Temperature 0°C	to	40°C

GPS	Mode GPS/GLONASS

Camera

Sensor Sony	EXMOR	1/2.3”	Effective	pixels:	12.4	

M	(total	pixels:	12.76	M)

Lens FOV	94°	20	mm	(35	mm	format	

equivalent)	f/2.8,	focus	at	∞

ISO	Range 100-3200	(video)	100-1600	(photo)

Shutter	Speed 8s-1/8000s

Image	Max	Size 4000	x	3000

Still	Photography	Modes  Single	Shot

 Burst	Shooting:	3/5/7	shots

 Auto	Exposure	Bracketing	(AEB):	3/5

 Bracketed	Frames	at	0.7EV	Bias

 Time-lapse

Video	Recording	Modes Phantom	3	Professional

 UHD:	

o 4096x2160p	24/25,	

o 3840x2160p	24/25/30

 FHD:	

1920x1080p	24/25/30/48/50/60

 HD:	

1280x720p	24/25/30/48/50/60

Supported	SD	Card	Types Micro	SD

Max	capacity:	64GB. Class	10	or	UHS-1	

rating	required

Max	Bitrate	of	Video	Storage Phantom	3	Professional

 60	Mbps

Supported	File	Formats  FAT32/exFAT

 Photo:	JPEG,	DNG

 Video:	MP4,	MOV	

(MPEG-4 AVC/H.264)

Operating	Temperature 0°C	to	40°C
Gimbal	

Controllable	Range Pitch	-90°	to	+30°

Stabilization 3-axis	(pitch,	roll,	yaw)

Vision	Positioning

Max	Velocity Less	than	8	m/s	(when	2	m	above	

ground)

Altitude	Range 50cm-300cm

Operating	Range 50cm-300cm

Operating	Environment Surface	with	clear	pattern	and	adequate	

lighting	(Lux>15)

Remote	Controller

Operating	Frequency 2.400	GHz-2.483	GHz

Max	Distance  Up	to	5	km	or	3.1	miles	

(unobstructed,	free	of	interference)	

when	FCC	compliant

 Up	to	3.5	km	or	2.1	miles	

(unobstructed,	free	of	interference)	

when	CE	compliant

Video	Output	Port USB

Operating	Temperature 0°C	to	40°C

Battery 6000	mAh	LiPo	2S

Mobile	Device	Holder	 For	tablet	or	phone

Receiver	Sensitivity	(1%PER) -101	dBm±2	dBm

Transmitter	Power	(EIRP)  FCC:	20	dBm

 CE:	16	dBm

Working	Voltage	 1.2	A	@7.4	V

Battery	Charger

Voltage 17.4	V

Rated	Power Phantom	3	Professional

 100	W

Intelligent	Flight	Battery

Capacity 4480	mAh

Voltage 15.2	V

Battery	Type LiPo	45

Energy 68	Wh

Net	Weight 365	g

Max	Flight	Time Approximately 23	minutes

Operating	Temperature -10°C	to	40°C

Max	Charging	Power 100	W
Aircraft	and	Equivalent	Level	of	Safety

Given	the	size	and	endurance	of	the	UAS,	its	safety	features,	and	operator	

experience,		the	approval	of	this	application	presents	no	security	threats.

Regarding	the	level	of	safety	surrounding	the	proposed	operations	and	the	public	

benefit—reduction	in	environmental	impact,	which	includes	but	is	not	limited	to	

reduced	emissions	and	noise—the	requested	exemption	is	in	the	public	interest.	As	

such,	the	applicant	respectfully	asks	that	the	FAA	grant	the	requested	exemption.

The	limitations	and	conditions	the	applicant	is	proposing	when	conducting	

commercial	operations	under	the	FAA-issued	exemption	as	set	forth	in	the	Flight	

Operations	Manual	(FOM)	include:

1.	 The	UAS	will	weigh	significantly	less	than	55	lbs,	which	is	the	proposed	weight	

limit.	The	total	weight	of	the	UAS,	including	battery	and	camera,	is	less	than	5	

lbs.

2.	 The	UAS,	depending	on	which	model	is	in	operation,	will	have	a	maximum	

operating	speed	of	less	than	30	mph.

3.	 All	flights	will	be	operated	within	the	line	of	sight	of the	Pilot	in	Command	(PIC)	

and/or	Visual	Observer	(VO).

4.	 Maximum	flight	time	will	not	exceed	30	minutes.	Flights	will	be	terminated	

when no	less	than	25%	battery	power	remaining.

5.	 Flights	will	be	operated	at	an	altitude	no	greater	than	500	ft.	above	ground	level	

(AGL)

6.	 Minimum	crew	complement	for	all	operations	will	consist	of	the	UAS	PIC and	at	

least	one	VO.	A	third	observer,	a	Camera	Operator,	may	be	utilized.

7.	 The	UAS	pilot	will	be	designated	PIC.	The	PIC	will	have	logged	a	minimum	of	25	

hours	operating	the	designated	UAS.

8.	 Prior	to	each	flight, the	PIC	will inspect	the	UAS	to	ensure	that	it	is	in	an	

airworthy	condition	and	safe	for	flight.	All	maintenance	will be	properly	

documented	in	the	aircraft	records.
9.		 A	safety	briefing	will	be	conducted	prior	to	all	flight	operations.	All	flight	

activities	will	be	documented.

10. All	flights	will	operate	under	VFR	flight	conditions	during	daylight	operations	

only. If	flight	at	night	is	required,	a	special	request	will	be	made	at	the	FAA	office	

closest	to	the	proposed	area	of	operations.

11. The	UAS	may	not	be	operated	within	5	nautical	miles	of	an	airport	reference	

point	as	denoted	on	a	current	FAA	published	aeronautical	chart	unless	a	letter	of	

agreement	with	that	airport’s	management	is	obtained.

12.	If	the	UAS	loses	communications	or its	GPS	signal,	it	must	return	to	a	

predetermined	location	within	the	planned	operating	area	and	land	or	be	

recovered in	accordance	with	the	operating	documents.

13.	The	operator	will	carry	out	its	maintenance,	inspections,	and	record-keeping

requirements in	accordance	with	the	operating	documents.	Maintenance,

inspection,	alterations,	and	status	of	replacement/overhaul	component	parts

must	be	noted	in	the	aircraft	records,	including	total	time	in	service,	description

of	work	accomplished,	and	the	signature	of	the	authorized	person	returning	the

UAS	to	service.	Each	UAS operated	under	this	exemption	must	comply	with	all	

manufacturer safety	bulletins

14.	The	operator	will	obtain	an Air	Traffic	Organization	(ATO)-issued	Certificate of	

Waiver	or	Authorization	(COA)	prior	to	conducting	any	operations	under	the

grant	of	exemption.	This	COA	will	also	require	the	operator	to	request	a	Notice

to	Airman	(NOTAM)	not	more	than	72	hours	in	advance,	but	not	less	than	48

hours	prior	to	the	operation.	All	operations	shall	be	conducted	in accordance

with	airspace	requirements	in	the	ATO	issued	COA	including	class	of	airspace,

altitude	level, and	potential	transponder	requirements.

15.	All	aircraft	operated	in	accordance	with	the	exemption	must	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.

16.	The	PIC	and	VO	will	have	been	trained	in	operation	of	UAS	received	current	

information	for	the	UAS	operated.

17.	The	PIC	and	VO	will	be	in	constant	communication	by	voice	and/or	radio	at	all	

times.

18.	The	UAS shall	remain	clear	and	give	way	to	all	manned	aviation	operations	and

activities	at	all	times.

19.	The	UAS	shall	not	be	operated by	the	PIC	from	any	moving	device	or	vehicle.
20.	Written	and/or	verbal	permission	and	permits	will	be	obtained	from	territorial,	

state,	county, or	city	jurisdictions,	including	law	enforcement,	fire, or	other	

appropriate	governmental agencies	as	appropriate	to	flight	operations.

14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates,	14	CFR	§91.203(a)(1). Subpart	

H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	requirements	for	

the	issuance	of	airworthiness	certificates	as	required	by	14	CFR §91.203(a)(1).	

Given	the	size	and	limited	operating	area	associated	with	the	aircraft	to	be	utilized	

by	the	applicant,	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	USC§44701(f))	and	Section333	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.	In	all	cases,	an	

analysisof	these	criteria	demonstrates	that	the	UAS	operated	without	an	

airworthiness	certificate	inthe	restricted	environment	and	under	the	conditions	

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

rotorcraft)	operating	with	an	airworthiness	certificate	without	the	restrictions	and	

conditions	proposed.	The	UAS	to	be	operated	hereunder	is	less	than	55	lbs fully	

loaded,	carries	neither	a	pilot	nor	passenger,	carries	no	explosive	materialsor	

flammable	liquid	fuels,	and	operates	exclusively	within	a	secured	and	designated	

area.Unlike	other	civil	aircraft,	operations	under	this	exemption	will	be	tightly	

controlled	and	monitored	by	both	the	operator	and	under	the	requirements	and	in	

compliance	with	local	public	safety	requirements.	These	safety	enhancements	

provide	a	greater	degree	of	safety	to	the	public	and	property	owners	than	

conventional	operations	conducted	with	airworthiness certificates	issued	under	14	

CFR Part	21,	Subpart	H.	Lastly,	application	of	these	samecriteria	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	inability	to	carry	a	substantial	external	load.	
14	CFR §45.23(b) Display	of	marks;	general. The	regulation	states:	“(b)	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.” 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,	2-inchlettering	will	be	impossible.	The	equivalent	level	

of	safety	will	be	provided	by	marking	the	fuselage of	the UAS	as	required	by	

§45.29(f) Size	of	marks, where the	PIC,	VO, and	others	working	with	the	UAS	can	see	

that	the	UAS	is	marked	as	“Experimental.”

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

The	regulation	states:	“(a)	...no	person	who	holds	a	private	pilot	certificate	may	act	

as	a	PIC of	an	aircraft	that	is	carrying	passengers	or	property	for	compensation	or	

hire;	nor	may	that	person,	for	compensation	or	hire,	act	as	a	PIC of	an	aircraft.	(b)	A	

private	pilot	may,	for	compensation	or	hire,	act	as	a	PIC 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.”

The	proposed	UAS	operations	may	achieve	an	equivalent	level	of	safety	as	achieved	

by	current	regulations	because	the	applicant’s	UAS	carries	neither	passengers	nor	

property.	The	risks	attendant	to	the	operation of	UAS	are far	fewer than	the	risks	

inherent	in	the	commercial	activities	outlined	in	14	CFR	61.	The	PIC	of	the	UAS	will	

be,	or	be	directly	supervised	by,	a	FAA	Certificated	Private	Pilot	with	current	Third	

Class	or	higher	medical	certificate.	It	is	believed	that	the	operation	and	limitations	

set	forth	in	the	FOM	will	equate	to	the	safe	operation	of	the	UAS.
14	CFR §91.7(a) Civil	aircraft	airworthiness. The	regulation	states: “(a)	No	person	

may	operate	a	civil	aircraft	unless	it	is	in	an	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.	

Because	the	UAS	will	be	fully	maintained	and	operated	in	accordance	with	all	

specifications	and	requirements	identified	by	the	manufacturer,	an	equivalent	level	

of	safety	will	be	provided.	

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

Section	91.9	(b)(2)	provides: No	person	may	operate	a	US	registered	civil	aircraft—

(2) “For	which	an	Airplane	or	Rotorcraft	Flight	Manual	is	not	required	by	§21.5	of	

this	chapter, 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.”	The	UAS,	given	its	size	and	configuration,	has	neither	the	

ability	nor	capacity	to	carry	such	a	flight	manual	on	board.	In	addition,	there	is no	

pilot	on	board	to	utilize	or	benefit	from	such	materials.	The	equivalent	level	of	safety	

will	be	maintained	by	keeping	the	flight	manual	at	ground	control	where	the	PIC

flying	the	UAS	will	have	immediate	access	to	it.	

14	CFR	§91.103	Preflight	action. This	regulation	states	that	“Each	pilot	in	command,	

shall,	before	beginning	a	flight,	become	familiar	with	all	available	information	

concerning	that	flight.	This	information	must	include— (a)	For	a	flight	under	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	pilot	in	command	has	been	advised	by	ATC;	

(b)	For	any	flight,	runway	lengths	at	airports	of intended	use	and	the	following	

takeoff	and	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.”	An	exemption	is	requested	from	section	91.103,	as	FAAapproved	rotorcraft	flight	manuals	will	not	be	used.	In	the	absence	of	the	flight	

manuals,	the	PIC	will	take	all	pre-flight	actions,	including	reviewing	weather,	flight	

battery	requirements,	landing	and	takeoff	distances,	and	aircraft	performance	data	

before	starting	a	flight.

14	CFR	§91.109	Flight	instruction;	Simulated	instrument	flight	and	certain	flight	tests.

Section	91.109 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.	UAS	and	remotely	piloted	aircraft,	by	their	design	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	approved	exemptions	for	flight	training	without	fully	functional	dual	

controls	for	a	number	of	aircraft	and	for	flight	instruction	in	experimental	aircraft.	

The	equivalent	level	of	safety	is	provided	by	the	fact	that	neither	a	pilot	nor	

passengers	will	be	carried	in	the	aircraft, and	by	the	size	and	speed	of	the	aircraft.

14	CFR §91.119	Minimum	safe	altitudes:	General.	Section	91.119 establishes	safe	

altitudes	for	operation	of	civil	aircraft.	§91.119(d)(1) allows	helicopters	to	“be

operated	without	hazard	to	persons	or	property	on	the	surface	at	less than	the	

minimums	prescribed... provided	each person	operating	the	helicopter	complies	

with	any	routes	or	altitudes	specifically	prescribed	for	helicopters	by	the	FAA.” As	

this	exemption	is	for	a	UAS	and	the	exemption	requests	authority	to	operate	at	

altitudes	up	to	400	AGL,	or	not	more	than	200	feet	above	an	elevated	platform	from	

which	filming	is	planned,	an	exemption	may	be	needed	to	allow	such	operations.	As	

set	forth	herein,	the	UAS	will	never	operate	at	higher	than	400	AGL	with	the	

exception	of	circumstances	in	which	the	UAS	would	be	used	to	survey	or	

photograph	a	structure	in	excess	of	400	feet	AGL.	In	these	situations,	the	UAS	would	

not	be	operated	more	than	200	feet	above	the	highest	point	on	the	structure. It	will,	

however,	be	operated	in	a	restricted	area	with	a	security	perimeter,	away	from	
buildings	and	where	people	will	not	be	exposed	to	operations	without	their	prior	

consent.	The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	and	

speed	of	the	UAS,	as	well	as	the	location in	which	it	will	be	operated.	No	flight	will	be	

taken	without	the	permission	of	the	property	owner	or	local	officials.	Because	the	

property	owner	and	participants	in	the	filming	activities	will	be	notified	in	advance	

of	these	activities,	all	affected	individuals	will	be	aware	of	the	planned	flight	

operations.	Compared	to	flight	operations	with	aircraft	or	rotorcraft	weighing	

significantly	more	than	the	maximum	of 55	lbs proposed	herein	and	the	lack	of	

flammable	fuel,	any	risk	associated	with	these	operations	is	far	less	than	those	

presently	associated	with	conventional	aircraft	operating	at	or	below	500	AGL. In	

addition,	the	low-altitude	operations	of	the	UAS	will	ensure	separation	between	

these	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	GPS	altitude	readout,	an exemption	may	be	needed.	An	equivalent	level	of	

safety	will	be	achieved	by	the	operator,	pursuant	to	the	safety	checklist	and	live	

flight	dual	monitoring,	confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	

altitude	indicator	before	flight.

14	C.F.R.	§91.151(a) Fuel	requirements	for	flight	in	VFR	conditions.	Section	91.151(a)	

prohibits	an	individual	from	beginning	"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."	The	applicant	believes	that	an	exemption	from	14	CFR	

§91.151(a)	falls	within	the	scope	of	prior	exemptions.
Operating	the	UAS	in	a	tightly	controlled	area	where	only	people	and	property	

owners	or	official	representatives	who	have	signed	waivers	will	be	allowed	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.	The	applicant	believes	that	an	equivalent	level	of	

safety	can	be	achieved	by	limiting	flights	to	30	minutes	or	25%	of	battery	power—

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.

14	C.F.R.	§91.203(a)&(b) Civil	aircraft:	Certifications	required. The	regulation	

provides	in	pertinent	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...”	and	“(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.”	Fully	loaded,	the	UAS weighs	

well	under	the	proposed	55-lb limit	and	is	operated	without	an	on	board	pilot.	As	

such,	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	control	point	where	the	PIC flying	the	UAS	will	have	

immediate	access	to	them,	to	the	extent	they	are	applicable	to	the	UAS.

14	CFR	§91.405(a) Maintenance	required. §91.407(a)(1) Operation	after	

maintenance,	preventive	maintenance,	rebuilding,	or	alteration.	§91.409(a)(2)

Inspections.	§91.417(a)&(b) Maintenance	records.	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	that	others	shall	inspect	and/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	do	not	apply	to	the	applicant.	The	

operator	will	perform	maintenance pursuant	to	the	flight	manual	and	operating	
handbook.	An	equivalent	level	of	safety	will	be	achieved	because	the	UAS	is	very	

limited	in	size,	would	carry	a	small	payload,	and	would	operate	only	in	restricted	

areas	for	a	limited	time	period.	The	UAS	would	be	operating	from	a	level	no	higher	

than	400	feet	AGL	and	could make	an	immediate	landing	if	necessary.	In	addition,	

the	operator	would ensure	that	the	UAS	is	in	working	order	prior	to	initiating	flight,	

perform	required	maintenance,	and	keep	a	log	of	any	maintenance	performed.	

Because	the	operator	is	most	familiar	with	the	aircraft,	this	person	is	best	suited	to	

maintain	it	in	an	airworthy	condition.	An	equivalent	level	of	safety	will	be	achieved	

because	the	operator	will	perform	maintenance	and	inspections	in	accordance	with	

the	UAS manufacturer’s	User	Manual.	As	provided	in	the	FOM,	the	operator	would	

ensure	that	the	UAS	is	in	working	order	prior	to	initiating	flight and	perform	

required	maintenance needed.

Additional	Information

The	applicant,	Wayne	M.	Lane,	believes	this	exemption	request	and	associated	

safety	considerations	adequately	satisfy	the	criteria	provided	in	Section	333	of	the	

Reform	Act	of	2012,	providing	sufficient	justification	for	the	granting	of	commercial	

operations	of	the	applicant’s	UAS	and	requests	your	respective	approval	of	this	

Section	333	exemption	petition	request.	

Thank	you	for	your	attention	to	this	matter	and	interest	in this	request.	Please	notify	

me of	your	actions	and/or	approvals.	

Sincerely,

Wayne	M.	Lane

7319	Bridlespur	Lane

Delaware,	OH	43015