October 9, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: Exemption Request Section 333 of the F AA Reform Act of the F ederal Aviation Regulations from 14 C.F .R. 45.23(b); 14 C.F .R. Part 21; 14 C.F .R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam, I, Mark Carmonne, am writing pursuant to the FAA Modernization and Reform A ct of 2012 and the procedures contained within 14 C.F .R. 11, to request that I, Mark Carmonne, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Mark Carmonne, may operate m y small ultra

- lightweight unmanned aircraft sy stem (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“F AA”). As described herein I, Mark Carmonne, am a photographer and videographer ; experienced in flying hobby aircraft for recreational purposes. I have added a quad

- copter 1 sUAS to my inventory equipped with a self

contained camera with intent for aerial photography and videography ; following exemption and approval by the FAA. My , Mark Carmonne's , exemption request would permit operation of ultra

- light weight, unmanned (piloted by remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace. 2 Predetermined in areas away from large public gatherings, airports and heliports for community videos, photos and video of new and remodeled commercial buildings/projects, individual homeowner aerial photography

/videography, photography and video of land developments for builders, and nature photos and videos in completely

unpopulated areas and other community related events upon request. Currently , similar lightweight, remote controlled sUASs are legally operated by unmonitored amateur hobbyists with no safety

plan or controls in place to prevent catastrophe. I, Mark Carmonne, have personally instilled safety protocols and controls 3 to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight sUAS's specific to photography & videograph y usage as I, Mark Carmonne, record flight data and other information gained through permitted flight operations to share with the F AA through any required F AA reports to assist with future protocol and safety regulation. Granting my, Mark Carmonne’s, request comports with the Secretary of Transportation’s (F AA Administrator’s) responsibilities and authority to not only

integrate sUASs into the national airspace sy stem, but to “...establish requirements for the safe operation of such aircraft sy stems [sUAS s] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of sUASs for photography & videography purposes. Further I, Mark Carmonne, will conduct my operations in compliance with the protocols described herein or as oth erwise established by

the F AA. For the reasons stated below I, Mark Carmonne, respectfully request the grant of an exemption allowing me to operate ultra

- light weight, remote controlled sUASs for the purposes of acquiring aerial photos & videos, both of
which will promote local economic growth through increased employment and increased tax base. Both with public safety

in mind by

keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

1 Supplemental File

– Phant om 2 Vision Plus (User Manual 1.6) & Appendix A 2 Appendix B

– Aeronautical Charts 3 Appendix C

- Personal Protocols and Controls 

## I . Contact Information: Mark Carmonne, 2453 Eastwood Dr. Carson City NV 89701 Office: (714) 928

- 9007. Email: redeggproducing@gmail.com



## . II. The Specific Sections of Title 14 of the Code of F ederal Regulations F rom Which Mark Carmonne Requests Exemption are: 14 CF R 21; 14 C.F .R. 45.23(b); 14 CF R 61.113 (a) & (b); 14 C.F .R. 91, e t seq.; 14 CF R 407 (a) (1); 14 CF R 409 (a) (2); and, 14 CF R 417 (a) & (b). 

## III. The Extent of relief Mark Carmonne seeks and the Reason He Seeks Such Relief: I, Mark Carmonne, submitthis application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 3 34, seeking relief from any currently applicable F ARs operating to prevent me, Mark Carmonne, contemplated commercial cinematic, academic and other flight operations within the national airspace sy stem. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft sy stems into our national airspace sy stem as it is in the public’s interest to do so. My , Mark Carmonne’s, ultra

- lightweight sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra

- lightweight sUAS is expressly contemplated by

the Reform Act. I would like to operate my ultra

- lightweight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby , providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial photography & videography. The Reform Act guides the Secretary in determining the ty pes of sUASs that may operate safely in our national airspace sy stem. Considerations include: The weight, size, speed and overall capabilities of the sUASs; whether the sUAS will be operated near a irports or heavily populated areas; and, whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Mark Carmonne. My sUAS utilizes four (4) counter

- rotating propellers for balanc e, control and stability . My sUAS is equipped with GPS and auto return safety technology . Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, Mark Carmonne, consider safety as upmost importance with every flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 16 knot (17 mph) wind. F or safety, stability and fear of financial loss I will not fly in winds exceeding 14 knot (15 mph). Built in safety sy stems in clude a GPS mode that allows my

sUAS to hover in place when radio controls are released. With three modes to choose from, I utilize the GPS Mode 4 for aerial photography and videography. This is the safest, most reliable and stable mode to prevent accidents and hazards. When pilot communication is lost, the sUAS is designed to slowly descend to point of take

- off. I do not operate my sUAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within thirty to one hundred (30

- 100) yards depending on location, conditions and weather. I am constantly

on alert for any

manned aircraft (Police/Medical helicopters, etc.) and prepared to land / abort immediatel y to the nearest and safest ground point should a manned aircr aft approach my location or I suspect manned aircraft may approach near my location. My sUAS is capable of vertical and horizontal operations, and are flown only

within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an altitude under two hundred (200) feet. I, Mark Carmonne, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is twenty (20) to twenty

- five (25) minutes as tested. I do not operate my sUAS at or below the manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communicati on between radio control and sUAS to eliminate potential for crash, loss of control or hazards. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, which could create hazards to the public / property / manned aircraft, and have no desire to lose an investment. I have done scores of practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarizatio n with the characteristics of this specific sUAS’s performance under different temperature and weather conditions. All for the sake of safety

. I, Mark Carmonne, am extremely cautious when operating of my sUAS / ultra

- lightweight unmanned aircraft and will not “create a hazard to users of the national airspace sy stem or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my sUAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national airspace system. My , Mark Carmonne’ sUAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security

. 

## IV

. How Mark Carmonne’s Request Wil l Benefit the Public As A Whole: Aerial photography and has been around for a long time through manned fixed wing aircraft and helicopters. F or small budget productions the expense of such aerial photography and videography

is cost prohibitive. Only

larger companies can afford to absorb such expense. Manned aircraft pose a threat to the public through the potential of a catastrophic crash.My , Mark Carmonne's, sUAS poses no such threat since size and lack of combustible fuel alleviates any

potential threat to the public. Congress has already

proclaimed that it is in the public’s interest to integrate commercially flown sUASs into the national airspace sy stem, hence the passing of the Reform Act. Granting my, Mark Carmonne’s, exemption request furthers the p ublic interest through academic/visual awareness of the photography and videography fields throughout the Grand Rapids area. My ultra

- lightweights UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra

- li ghtweights UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy , contain combustible fuel and can cause catastrophic devastation to the public. The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial photography and videography captured through my battery operated ultra

- lightweights UAS's. Permitting me, Mark Carmonne, to immediatel y fly

within national air space furthers economic growth. Granting my exemption request substan tially

furthers the economic impact for the Grand Rapids area for companies looking to use aerial photography

and videography, both of which serve as a stimulus to the community

. 

## V. Reasons Why

Mark Carmonne’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: My , Mark Carmonne’s, exemption will not adversely affect safety . Quite the contrary, for the reasons stated permitting me, Mark Carmonne, to log more flight time in F AA con trolled airspace, with communication with the F AA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety

protocols for photographers and videographers for development in cooperation with the FAA. In addition I, Mark Carmonne, submit the following representations of enhancements to current aerial photography

/videography. My

sUAS weighs less than 5 pounds complete with a small ultra

- lightweight high quality camera; I only operate my sUAS below 400 fe et (within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012); My sUAS only operates for ten (10) to twenty (20) minutes per flight; I land my sUAS prior to manufacturer recommended minimum level of battery power; I pilot my

sUAS through remote control only

by visual line of sight; My

sUAS has GPS, a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; I actively analyze flight data and other sources of infor

mation to constantly

update and enhance safety protocols; I only

operate in reasonably

safe environment away from airports and areas with large groups of people; I conduct extensive pre

- flight inspections and protocol, during which safety carries primary i mportance; I always obtain all necessary permissions prior to operation; and, I have procedures in place to abort flights in the event of safety breaches or potential danger. My , Mark Carmonne’s, safety protocols provide a level of safety equal to or exce eding existing rules. It is important to note that absent the integration of commercial sUAS into our national airspace sy stem, helicopters are the primary

means of aerial photography and videography. While the safety record of such helicopters is remarkab ly

astounding, there has been incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra

- lightweight sUAS. First, the potential loss of life is diminished because sUASs carry no people on board and I only operate my sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverabili ty of my sUAS allow me to remotely pilot away from and avoid hazards quickly and safely . L astly , given its small size and weight, even when close enough to capture amazing images, my sUAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing panning, tilting and zooming. Accordingly, my

sUAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels. 

## VI . A Summary: The FAA May Publish in the F ederal Register: A. 14 C.F .R. 21 and 14 C.F .R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F .R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness cert ificates in relation to F AR § 91.203(a)(1).The size, weight and enclosed operational area of my , Mark Carmonne’s, sUAS permits exemption from Part 21

because my

sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform A ct. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certi ficate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as airports and dense populations. My, Mark Carmonne’, current and projected sUASs meets or exceeds each of the elements. 14 C.F .R. 91.7(a) prohibit s the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplicable. B. C. D. E. 14 C.F .R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a safety

/flight manual delineating areas of where safety can be de fined. 5 The F AA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F .R. § 91.121 regarding altimeter settings is inapplicable insofar as my sUAS util izes electronic global positioning sy stems with a barometric sensor. 14 C.F .R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They

are inapplicable for the same reasons described above. The equivalent lev el of safety will be achieved by

maintaining any

such required certifications and registrations by me, Mark Carmonne. 14 C.F .R. § 45.23: Marking of the Aircraft. Applicable Codes of F ederal Regulation require aircraft to be marked according to certain spec ifications. My sUASs are, by

definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. F urther, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark the sUASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F .R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The F AA has previously

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F .R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F .R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. I, Mark Carmonne, can achieve an equivalent level of safety as achieved by current Regulations because my sUAS does not carry any pilots or passengers. F urther, while helpful, a pilot license will not ensur e remote control piloting skills. The risks attended to the operation of my sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Mark Carmonne, to operate my sUAS meet and exceed current safety levels in relation to 14 C.F .R. §61.113 (a) & (b). 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F .R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certai n conditions. My

sUAS will never operate at an altitude greater than 400 AGL. I, Mark Carmonne, will however operate my sUAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my sUAS, an equivalent or higher level of safety will be achieved. 14 C.F .R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.The above

- cited Regulations requ ire, amongst other things, aircraft owners and operators to “have [the] 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 p rescribed in part 43 of this chapter. . . .” These Regulations only

apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Mark Carmonne's, sUAS. However, as a safety precaution I thoroughly

inspect my sUAS before and after each flight. The FAA May Publish in the F ederal Register: A. 14 C.F .R. 21 and 14 C.F .R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F .R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of ne cessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my sUAS permits exemption from Part 21 because my , Mark Carmonne’s, sUAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My sUAS meets or exceeds each of the elements. 14 C.F .R. 91.7(a) prohibits the operation of an aircra ft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by

the FARs, this Regulation is inapplicable. 14 C.F .R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a manual. The F AA has previously

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 929 9A, 9565,9565B, 10167, maintenance program that involves regular software updates and curative measures for any

damaged hardware. Therefore, an equivalent level of safety will be achieved. In summary, Mark Carmonne seeks an exemption from the following R egulations: 14 C.F .R. 21, subpart H; 14 C.F .R. 45.23(b); 14 C.F .R. §§ 61.113 (a) & (b); 14 C.F .R. § 91.7 (a); 14 C.F .R. § 91.9 (b)(2); 14 C.F .R. § 91.103(b); 14 C.F .R. § 91.109; 14 C.F .R. § 91.119; 14 C.F .R. § 91.121; 14 C.F .R. § 91.151(a); 14 C.F .R. §§ 91 .203(a) and (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. § 91.409 (a ) (2); and, 14 C.F .R. §§ 91.417 (a) & (b) to commercially operate my, Mark Carmonne', small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and aerial photography and videography operations. Currently , area awareness and aerial photography and videography

relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the publ ic. Granting my, Mark Carmonne’s, request for exemption will reduce current risk levels and thereby enhance safety . My

sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional aircraft with much le ss flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. I, Mark Carmonne, have been informally analyzing flight information and will compile safety protoc ols and the implementation of a flight operations manual that exceeds currently accepted means and methods for safe flight. F ormal collection of information shared with the F AA will enhance the F AA's internal efforts to establish protocols for complying wi th the F AA Modernization and Reform Act of 2012. There are no personnel on

- board my , Mark Carmonne’s, sUAS and therefore the likelihood of death or serious bodily

injury is significantly

diminished. My , Mark Carmonne’s, operation of my sUAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current F ARs. Accordingly I, Mark Carmonne, respectfully request that the F AA grant my exemption request and am willing to c ooperate in sharing information to benefit the F AA, safety of manned aircraft, and the general public at large. Respectfully submitted, Mark Carmonne, Photographer / Videographer 2453 Eastwood Dr. Carson City NV 89701