June 30, 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 H. Ross, 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 H. Ross, an owner and

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed

below so that I, Mark H. Ross, 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 H. Ross, 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 H. Ross', 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 H. Ross, 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 H. Ross, 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 H. Ross', 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 H. Ross, 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 H. Ross, 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 3 Professional, Safety Guidelines.
I. Contact Information:

Mark H. Ross, 828 Caminito Verde, Carlsbad, CA 92011. Cell: 714-544-6800. Email: 41comstar@att.net

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Mark H. Ross

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 H. Ross seeks and the Reason He Seeks Such Relief:

I, Mark H. Ross, 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 H. Ross, 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 H. Ross', 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 H. Ross. 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 H. Ross, 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 H. Ross, 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 H. Ross, 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 H. Ross’ 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 H. Ross' 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 H. Ross', 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 H. Ross',

exemption request furthers the public interest through academic/visual awareness of the photography 

and

videography fields throughout the San Diego 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 H. Ross, to immediately fly within national air space furthers economic growth. Granting my

exemption request substantially furthers the economic impact for the San Diego area for companies

looking to use aerial photography and videography, both of which serve as a stimulus to the community.

V. Reasons Why Mark H. Ross' Exemption Will Not Adversely Affect Safety Or How The Exemption

Will Provide a Level of Safety At Least Equal To Existing Rule:

My, Mark H. Ross', exemption will not adversely affect safety. Quite the contrary, for the reasons stated

permitting me, Mark H. Ross, 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 H. Ross, 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 H. Ross, 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 

H. Ross', 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 H. Ross, 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 H. Ross. 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 H. Ross, 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 H. Ross, 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 H. Ross, 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 H. Ross', 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 H. Ross' 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 H. Ross 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 H. Ross', 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 H. Ross’, 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 H. Ross, 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 H. Ross', sUAS and

therefore the likelihood of death or serious bodily injury is significantly diminished. My, Mark H. Ross',

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 H. Ross,

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 H. Ross, Photographer / Videographer

828 Caminito Verde, Carlsbad, CA 92011