United States Department ofTransportation Docket Operations West Building Ground Floor Room W-12-140, 1200 NewJersey Avenue, SE. Washington DC 20590 http:Uwww.regulations.gov 

# AFFIDAVIT

Re: Exemption Request PursuantTo Section 333 ofthe FAA Reform Act of2012 DearSir or Madam: '-

.. ·. Instrument Prepared By: Robert H. MeltonJr. 714 Salem Road Clarksville TN, 37040

I am writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act") and the procedures contained in 14 C.F .R. 11, to request that Robert H. Melton Jr.is owner and operator of a small UAS, be exempted from the Federal Aviation Regulations (FAR's) listed below. The exemption is needed in order to operate a small lightweight unmanned aircraft system (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA). These operations will be conducted within and underthe conditions outlined herein oras may be established By the FAA as required by Section 333. §11.81.

The following aspects ofSection 333 ofthe FAA Modernization and Reform Act of2012 should be considered.

1. If certain unmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system orthe public or pose athreatto national security; and

The operated UAS, Phantom 2 Vison plus, meets all the requirements ofan Ultralight aircraft except forthe abilityto carry a passenger. This aircraft is under 254 pounds as required for powered Ultralights, they are electric so they have less than 5 gallon fuel capacity, it is not capable ofspeeds over 55 knots, and it's power-offstall speed is under 24 knots calibrated airspeed. Ifas requested, it is classified as an Ultralight Aircraft by regulations it cannot be used in congested airspace and can only be used in Class G Airspace without special authorization. As part of this application the UAS will only be used Line ofsight in orderto meet the public safety requirement ofan exemption to Title 14Chapter I Subchapter FPart 103 Subpart B§103.21

2. Whetheracertificate ofwaiver, certificate ofauthorization, orairworthiness certification under section 44704 oftitle49, United States Code, is required forthe operation ofunmanned aircraft systems identified under paragraph (1).

If as requested this UAS is classified as an Ultralight, it would not require a certificate of waiver, certificate of authorization, or airworthiness certification. As part ofthis application I will apply for a Certificate ofAuthorization
so this UAS could support local Emergency Services as necessary.
The following information is submitted to meetthe requirement ofthe above act.

1. Name and address
a. RobertH. MeltonJr. b. 714 Salem Road Clarksville Tennessee 37040 2. Section of 14CFR from which Iseek an exemption
a. 103.1 (a) is used or intendedto be used for manned operation in the air by asingle occupant. b. 103.1 (b) is used or intendedto be used for recreation, sport purposes and aerial photography
c. 103.21 No person may operate an ultralightvehicle except by visual reference with the surface. 3. The extent of reliefyou seek, and the reason you seek the relief
a. 103.1 (a) Request the operation ofthe airvehicle as an UAS. By definition itwill not be manned. b. 103.1 (b) Request thatthe UAS be allowed to be used for local search and rescue based on emergency procedures request by EMS, local Police, Sheriffdepartmentor by local Government officials of need.

RHM 2.12.2015-UAS Phantom 2v3 Drone Docket Operations Exemption request pursuantto Section 333 FFA reform Act of2012 liP agec. Photography, agriculture monitoringand orstorm damage inspection. d. 103.21 Request thatthe vehicle be operated byvisual reference "from the ground "not "withthe ground". This will be accomplished by maintaining maximum altitude and distance from the PIC of300ft. 4. The reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole.
a. By designating small UAS as Ultralight Aircraft and setting below requirements for an exemption to the probation for commen:ial use, public safety will be greatly enhanced. With the low cost ofthese devices many are in the process of using them in a non-regulated none tracked manner. In addition to the exemption list above the PIC will followthe below requirements. i. 50 hours offlight time prior to use for commercial purposes. The hours 

### will be documented on the standardFAA Log book. ii. Completion ofan FAA Grounds school program or home study course and successful completion ofthe knowledge test. b. The above stipulations along withthe designation ofthis UAS as Ultralightwill enhance public safety in the following ways. i. Aircraft and PIC will be registered and connected to allow foraccountability. ii. Presently, withtheir low cost ofthese devices may people are operatingthese UASs in a non-regulated
manner. By providing awayforthe Aircraftto be registered to a Specific PIC, ifthere is an incidentthe aircraft can be traced back toan individual. Iwill notifythe FAA ifan aircraft is added or removed from the fleet. 

### 1. UAS, Phantom 2vision plus S/N PH645383038 v3 2. PIC Robert H. Melton Jr. with Pilot Observer' Robert H. Melton Sr. holding a Commerciai"Helicopter'' and "Airplane" Single Engine land aircraft, Instrument rating. iii. By matching the UAS to the PIC the FAA can review the log book to ensure that the PIC has spent the time with the particular aircraft to ensure safety. iv. Although the UAS has a home function as a redundant safety feature, ifthe Aircraft should malfunction and not respond to the transmitter or home function, the PIC will notify the area controlling station in the same manner as an accidently released tethered balloon. Once an Aircraft is found the Serial number ofthe Aircraft can confirm the PIC responsible for it.
c. By designating the Aircraft as an Ultralight the rules and regulation for its operation are already established for safe operation in public airspace. i. The Aircraft cannot operate above acongested gathering norcan it operate above congested parts ofa town orcity. ii. The Aircraft can only operate within the hours of daylight, unless it has the applicable markings and safety light. iii. The Aircraft can only operate in class Gairspace. This will keep the aircraft awayfrom otherairtraffic. iv. The aircraft can only operate in airspace as stipulated by the cloud cover requirements within the proper 103. Ensuring safe operation around other aircraft. d. As stipulated in the application I am asking for an exception stating that the UAS can only operate less than 300 feet AGL. Although this more restrictive then the Ultralight requirements it will insure a clear line of sight connection between the PIC and the UAS.
e. Aircraft will operate in airspace controlled by emergency personnel onlywhen PIC is in direct voice contact with Incident Commander or Designee. f. Designating the UAS as an Ultralight, the following regulations will not apply however public safety will not be reduced by the actions listed and will be enhance by not being overly burdensome to the operator and increasing compliance. 

### i. As stipulated in 103.7 (c) An "N" numberwill not be required. The "N" number is used forAircraft identification. Limiting theAircraftto Class GAirspace orAirspace controlled by emergency personnel under Incident commander control eliminated the need forvisual identification ofan aircraftwithin an

RHM 2.12.2015-UAS Phantom 2v3 Drone Docket Operations Exemption request pursuantto Section 333 FFA reform Act of2012 21PageAirport control. The requirement ofthe "N" numberforaccident identification is fulfilled by the registration ofthe Aircraft and the PIC. ii. As stipulated in 103.7 (b) An Air worthiness certificate is not required and due the size of the drone. Similar to other Ultralight aircraft, the safety hazard represented by the Aircraft is limited. Also the requirement the aircraft will operate only in line of sight of the PIC and not over congested areas further reduce any hazard. Mandating that the PIC has a $1 million dollar insurancepolicy ensure thatproper restitution can be made ifan incident does occur. Public safety is improved by reducing the burden on operatorto ensure proper registration and ensuringthatthe PIC is properly insured and trained. iii. As stipulated in 103.7 (a) a pilot certificate is not required. Due to the differences in flying a UAS and operating a manned aircraftfor personal ofcommercial use, little is gained from requiring one ofthese certifications for UAS operation. Passing the practical test and showing required logged time in a manned aircraft will not increase the safety of the drone operation. This being said, the part of the pilot certification that would be applicable is the knowledge and ground school portion of the certification. This part of the certification would give the PIC an understanding of the aircraft operations that the UAS will share NAS with and the importance of staying within its operating parameters. The Knowledge test is also only good fortwo years and will have to be renewed insuring recertification ofa UAS operating permit. Public safety will also be enhanced by requiring that an FAA log be filled out showing knowledge of Specific UAS operation. The above will ensure public safety while not placing a burden on UAS operators that may encourage unregistered operation. g. My request foran exemption differs from the majorityof request that I have read but has many advantages. i. Starting with the stipulating thatthese small drones are Ultralight aircraft, many ofthe rules and regulations necessaryto keep aseparation from other manned aircraft are already in effect. 1. No person may operate an ultralightvehicle except between the hours ofsunrise and sunset. 2. Notwithstanding paragraph (1) of this section, ultralight vehicles may be operated during the twilight periods 30 minutes before official sunrise and 30 minutes after official sunset or, in Alaska, during the period ofcivil twilight as defined in theAirAlmanac, if:
a. The vehicle is equipped with an operating anti-collision light visible for at least 3 statute miles; and b. All operations are conducted in uncontrolled airspace. 3. Each person operating an ultralight vehicle shall maintain vigilance so as to see and avoid aircraft and shall yield the right-of-wayto all aircraft. 4. No person may operate an ultralight vehicle in a mannerthat creates a collision hazard with respect to any aircraft 5. No person may operate an ultralight vehicle over any congested area ofa city, town, orsettlement, or over any open airassembly ofpersons. 6. UAS can onlybe operated in Class Gairspace
a. No person may operate an ultralight vehicle within Class A, Class B, Class C, orClass Dairspace
orwithin the lateral boundaries ofthe surface area ofClass Eairspace designated for an airport unless that person has prior authorization from the ATC facility having jurisdiction over that airspace 7. Any person operating an ultralightvehicle underthis part shall, upon request, allowthe Administrator, or his designee, to inspectthe vehicle to determine the applicabilityofthis part. 8. No person mayoperate an ultralightvehicle in prohibited or restricted areas unless that person has permission from the using orcontrollingagency, as appropriate. 9. No person mayoperate an ultralightvehicle in areas designated in a Notice toAirmen under §91.137, §91.138, §91.141, §91.143 or §91.145 ofthis chapter, unless authorized by:
a. AirTraffic Control (ATC); or b. A Flight Standards Certificate ofWaiver orAuthorization issued forthe demonstration or event.

RHM 2.12.2015-UAS Phantom 2v3 Drone Docket Operations Exemption request pursuant to Section 333 FFA reform Act of2012 3IPage10. The pilot oroperator ofan ultralightvehicle must, upon request ofthe Administrator, furnish satisfactory evidence thatthevehicle is subject onlytothe provisions ofthis part. 

### 11. No person may operate any ultralightvehicle in a mannerthat creates a hazard to other persons or property. 

### 12. No person may allow an object to be dropped from an ultralight vehicle ifsuch action creates a hazard to other persons or property. 

### 13. No person may conduct operations that require a deviation from this part except under a written waiver issued by the Administrator. This section mandates that several aspect of Section 107 be waived ensuring proper registration of UAS being used in a commercial enterprise and thatthe PIC is properlyexperienced. ii. Stipulating these small UAS as ultralight aircraft an Airman certification is not required. By stipulating that the knowledge test portion of the air certification is enforced, all operators will be required to understand the requirement to keep UAS away from manned aircraft and the rules in which they will operate ensuring public safety. iii. Mandating document hours on the specific UAS prior to commercial use will ensure public safety by ensuring the PIC is proficient a particular airframe. This will also mandate the proper documentation to prove this proficiency. h. There is no requestto exercise the privileges ofyourexemption outside the United States.

Respectfully submitted

INWITNESS WHEROF, IRobertH. MeltonJr. have hereunto setmy hand and executed this affidaviton this the 121h dayofFebruary, 2015.

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Ithe undersigned, a notary in and for County ofMontgomery and State ofTennessee; herebyaffirmthat RobertH. Melton Jr. personally appeared before me on the 12th day of February of 2015 and signed affidavit as his free and voluntary act and deed, executed foregoing instrument for the purpose therein 

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RHM 2.12.2015-UAS Phantom 2v3 Drone Docket Operations Exemption requestpursuantto Section 333 FFA reform Act of2012 41Page