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August 27,2015 Joseph R. MelansonJR 920 NE Sandalwood 

### PI Jensen Beach, 

### FL 34957 772-486-7243 jrmreal@gmail.com

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14CFR 61.113(a} and (b); 91.103; 91.119(c}; 91.121; 91.151(a}; 91.405(a}; 91.407(a}(1 }; 91.409 (a}(1} and (2}; 91.417(a} and (b).

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act")and 14C.F.R. Part 11, Joseph Melanson, an operator of Unmanned Aircraft Systems ("UASs") for aerial photography and videography, hereby applies for an exemption from the FederalAviation Regulations ("FARs") to allow commercial operation of his UASs. Joseph Melanson, an FAA licensed Commercial Single Engine Pilot, (Certificate# 31502573) requested exemption would permitthe operation of small, unmanned UAS under controlled and "sterile" conditions that are limited, predetermined, and provide greater safety in connection with aircraft operations. As established bythe exemptions already granted bythe FAA, approval ofJoseph Melanson's exemption would enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe ReformAct.

The name and address ofthe applicant is: Joseph R. MelansonJR 920 NE Sandalwood 

### PI Jensen Beach, 

### FL 34957 772-486-7243 jrmreal@gmail.comPage2
Regulations from which the exemption is requested: 14CFR61.113(a) and (b) 14C.F.R. 91.103 14C.F. R. 91.119 14C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) and (b) UASs operated by Joseph Melanson weigh lessthan 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no morethan 50 knots, can hover, and can simultaneously movevertically and horizontally. Joseph Melanson will only operate his UASs in line ofsight, below400 feet, and will operate onlywith land owner's permission while in constant contact ofthe authority ofthat airspace via cell phone and handheld VHF radio. Such operations will insurethatthe UASwill "not create a hazard to users ofthe national airspace system orthe public." Given the small size ofJoseph Melanson's UASs and the restricted sterile environment within which theywill operate, Joseph Melanson's UAS operations adhere to the Reform Act's safety requirements. Additionally, due to the size ofthe UASs and the limited areas in which theywill operate, approval ofthis application presents no national security issues. Based on the level ofsafety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant ofthe requested exemption is in the public interest. Accordingly, Joseph Melanson respectfully requests thatthe FAA grantthe requested exemption without delay.
Aircraft and Equivalent Level OfSafety The operating limitations proposed by Joseph Melanson providefor at leastan equivalentor higher level ofsafety because operations further enhance safety of photography and videography using conventional aircraft. The limitations and conditions include:
DThe UASs will weigh less than 55 pounds
o Flights will be operated within line of sight of a pilot and/or observer.
o Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur priorto the 30 minute limit.
oFlights will be operated at an altitude of no morethan 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.Page 3

D Minimum crewfor each operation will consist ofthe UAS Pilot, the Visual Observer ICamera Operator.
DA UAS pilotwill be an FAA licensed airman with at least a private pilot's certificate and third class medical. D A UAS Pilotwill be Pilot in Command (PIC). DThe UASwill only operate within a confined "Sterile Area".
DA briefing will be conducted for planned UAS operations priorto each day's flight. All personnel performing duties within the boundaries ofthe safety perimeter are required to attend.
DThe operatorwill file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate Flight Standards District Office ("FSDO").
DThe operator will obtain consent ofall persons involved in the video and/or photo and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation. This radius may be reduced to 30 feet based upon an equivalent level ofsafety determination. With the advanced permission ofthe FSDO, operations at closer range can be approved. DThe Pilot and observer must be trained in UAS operations and have received current information on the particular UAS to be operated.
DThe Observer and pilotwill at all times be able to communicate byvoice and/or text. There will also be a handheld VHF radio to be used at all times to monitor airtraffic. DWritten and/or oral permission from the relevant property holders will be obtained.
DAll required permissions and permitswill be obtained from territorial, state, county, or cityjurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. DIfthe UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre-determined location within the Security Perimeter and land.
DThe UASwill havethe capability to abort aflight in case of unpredicted obstacles or emergencies.Page4


### 14 C.F.R. § 

### 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command Sections 61.113 (a) and (b) limit private pilotsto non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety of current operations by requiring the PIC operating the aircraftto have a private pilot's license ratherthan a commercial pilot's licenseto operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by Part61 allowing UAS use by a private pilot as the PIC exceeds the present level ofsafety sought by 14C.F.R. §61.113 (a) and (b). 14C.F.R. § 91.103: PreflightAction Section 91.103 requires each pilotto preflight an aircraft beforeflight to insurethe safety offlight. As FAA approved rotorcraftflight manualswill not be used, an exemption is requested. However, an equivalent level ofsafety will be provided. The PICwill take all actions, including review ofweather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commencement offlight. 14 C.F.R. §91.119(c): Minimum SafeAltitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 provides, in pertinent part, that: "except when necessary for takeoff or landing, no person may operate an aircraft belowthe following altitudes:

..... (c) Over otherthan congested areas. An altitude of500 feet above the surface, except over open water orsparsely populated areas. Inthose cases, the aircraft may not be operated closerthan 500 feetto any person, vessel, vehicle, or structure." Because Joseph Melanson requests authority to operate at altitudes only upto 400AGL, and not morethan 200 above an elevated platform from which photography/ videography is planned, an exemption is needed to allow such operations. The UAS will never operate higherthan 400 AGL. Itwill, however, be operated within a security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. Noflight will betaken without the permission of property owners or local officials. Because ofthe advance notice to the property owners and participants in the filming activity, all affected individuals will be informed ofthe planned flight operations. Compared to flight operations for manned aircraft and the lack offlammable fuel, any risk associated with the proposed UAS operations isfar lessthan conventional aircraft operating at or below 500AGL. In addition, the low-altitude operations ofthe UASwill ensure separation between a UAS and conventional aircraft.Page 5
14 C.F.R. §91.121 Altimeter Settings Section 91.121 requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level of safetywill be achieved bythe operator, confirming the altitude ofthe launch site shown on the GPS altitude indicator beforeflight. 14 C.F.R. §91.151(a): Fuel Requirements for Flight inVFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight 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 afterthatfor at least 30 minutes

.... " The battery powering Joseph Melanson UASs provides approximately 22 minutes of powered flight. The UASwill be unable to meetthe 30-minute reserve requirement in 14CFR §91.151. Given the limitations on the UAS's proposed flight area and its proposed operations within a predetermined location, a longertime frame forflight in daylight VFR conditions is reasonable. Furthermore, operating the UASs in atightly controlled areawhere only people, property owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of reserve fuel does notengenderthe type of riskthat §91.151 (a) was intended to address. Joseph Melanson believes that safety can be achieved by limiting flights to 15 minutes or 25% of battery power, whichever occurs first. This restriction would be more than adequate to return the UAS to its pre-determined landing zone from anywhere in its limited operating area. Joseph Melanson is not seeking an exemption for night-time UAS operations. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner shall "have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these sections and Part43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto Joseph Melanson's operations. Maintenance will be accomplished bythe operator. An equivalent level ofsafety will be achieved because the UASs are limited in size, will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure that the UAS is in working order priorto flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover, the operator isthe person mostfamiliar with the UAS and best suited to maintain it in an airworthy condition.Page6 

### Summary for Publication Pursuantto 14 C.F.R. Part 11,the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Joseph Melanson seeks an exemption from the following rules: 14C.F.R. §§61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) for photography and videography operations. As established bythe UAS exemptions already granted by the FAA, allowing commercial operations of UASsfor photo and video capture will enhance safety by reducing risk. Conventional photography and videography operations, using turbine aircraft, operate at low altitudes and presentthe risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts ofJetA fuel. Such aircraft must also fly to and from the photo/video location. In contrast, a UASweighing fewer than 55 pounds and powered by batteries eliminates virtually all ofthat risk given the small size and lack ofcombustible fuel. The UAS is carried, and notflown, to a photo set. Inthis regard, the UAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights. The operation of UASs conducted only by an FAA licensed full size aircraft pilot, creates a level ofsafety supporting the grant ofthe exemption requested herein. The UASs operate at slow speeds, close to the ground, and in asterile environment. As a result, they are far safer than conventional operations conducted with turbine helicopters flying nearthe ground and people. PrivacyAll flights will occur over private or controlled access areas with the property owner's priorconsent and knowledge. Photos and videos will be only of people who have given their consent or otherwise have agreed to be inthe area where photography/videography will take place. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security) provide morethan adequatejustification to grant Joseph Melanson requested exemption, allowing for Joseph Melanson's UAS commercial operations for photography and videography. Any questions or requests for additional information, please contact the undersigned at772-486- 7243 orjrmreal@gmail.com 

# /J Sincerelyyours, 

# j /)/J 

# r--1\LLh R Melanson 

### J1

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