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 FAA Reform Act of the Federal 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 Act 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 my small ultra-lightweight unmanned aircraft system (“sUAS”) commercially in airspace regulated 

by the Federal Aviation Administration (“FAA”).

As described herein I, Mark Carmonne, am a photographer and videographer ; experienced in flying hobby

aircraft for recreational purposes. I have added a quad-copter1 sUAS to my inventory equipped with a selfcontained 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 & videography 

usage as I, Mark Carmonne, record flight data and other information gained through permitted flight operations 

to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting my, Mark Carmonne’s, request comports with the Secretary of Transportation’s (FAA Administrator’s) 

responsibilities and authority to not only integrate sUASs into the national airspace system, but to “...establish 

requirements for the safe operation of such aircraft systems [sUASs] 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 otherwise 

established by the FAA.

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 – Phantom 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 Federal Regulations From Which Mark Carmonne Requests 

Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) 

(1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief Mark Carmonne seeks and the Reason He Seeks Such Relief: I, Mark Carmonne, submit 
this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently 

applicable FARs operating to prevent me, Mark Carmonne, contemplated commercial cinematic, academic and 

other flight operations within the national airspace system. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft systems into our national airspace system 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 types of sUASs that may operate safely in our national 

airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUASs; whether 

the sUAS will be operated near airports 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 balance, 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. For safety, stability and 

fear of financial loss I will not fly in winds exceeding 14 knot (15 mph). Built in safety systems include 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 Mode4 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 

immediately to the nearest and safest ground point should a manned aircraft 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 communication 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 familiarization 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 system 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 Will Benefit the Public As A Whole: Aerial photography and has been 

around for a long time through manned fixed wing aircraft and helicopters. For 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 system, hence the passing of the Reform Act. Granting my, Mark Carmonne’s, exemption 

request furthers the public 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-lightweights 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 

immediately fly within national air space furthers economic growth. Granting my exemption request 

substantially 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 FAA controlled airspace, with communication with 

the FAA, 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 feet (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 information 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 importance; 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 exceeding existing rules. It is 

important to note that absent the integration of commercial sUAS into our national airspace system, helicopters 

are the primary means of aerial photography and videography. While the safety record of such helicopters is 

remarkably 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 maneuverability of my

sUAS allow me to remotely pilot away from and avoid hazards quickly and safely. Lastly, 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 Federal 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 certificates in relation to FAR § 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 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, Mark Carmonne’, current and projected 

sUASs meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, 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 defined.5 The FAA 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 utilizes electronic global positioning systems 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 level 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 Federal Regulation require aircraft to be marked according 

to certain specifications. 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. Further, 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 FAA 

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. Further, 

while helpful, a pilot license will not ensure 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 certain 

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 require, 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 prescribed 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 Federal 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 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 aircraft 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 FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 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 Regulations: 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 public. 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 less 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 protocols and the implementation of a flight operations manual that exceeds 

currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will 

enhance the FAA's internal efforts to establish protocols for complying with the FAA 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 FARs. Accordingly I, Mark Carmonne, respectfully request that the FAA grant my

exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned 

aircraft, and the general public at large. Respectfully submitted,

Mark Carmonne, Photographer / Videographer 2453 Eastwood Dr. Carson City NV 89701