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 sm all 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 re creational 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 o peration 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,
p hotos and video of new and remodeled commercial buildings/projects, individual homeowner aerialphotography/videography, photography and video of land developments for builders, and nature

photos and videos in completely unpopulated areas and other communi ty 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 system s [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

– P hantom 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 See ks 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 oth er 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 p hotography & 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

- rotatin g 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 up most 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 s hould 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 batt ery 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 fl ight 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 radiocontrol and sUAS to eliminate potential for crash, loss of control or hazards. Reserve batteries are at

hand with each exercise to insure replacement for sufficien t 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 cautio us 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 cont emplated 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 s uch 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 sin ce 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 sUASsinto 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 emission s 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 publi c’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 fu rthers 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 photogra phers 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

-fl ight 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 vide ography. 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 continueto operate at and above c urrent 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
t he 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 deli neating 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 equivalentlevel 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 car ry 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, provid ing 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); 40 9(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, exc ept 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

e ach 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) re quires 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 thisregulation 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 a chieved. 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 i nformally 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 enhan ce 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 di minished. My, Mark H. Ross', operation of my sUAS, weighing less than 5 pounds and travelling at lower speeds within limited areas willprovide 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 Camini to Verde, Carlsbad, CA 92011