United States Department of Transportation 

Docket Operations 

West Building Ground Floor Room W-12-140, 1200 

New Jersey Avenue, SE. 

Washington DC 20590 

http:Uwww. regulations.gov 

AFFIDAVIT 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

'-.. ·. 

Instrument Prepared By: 

Robert H. Melton Jr. 

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 under the conditions 

outlined herein or as may be established 

By the FAA as required by Section 333. §11.81. 

The following aspects of Section 333 of the FAA Modernization and Reform Act of 2012 should be considered. 

1. If certain unmanned aircraft systems, if any, as a result of their 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 or the public or pose a threat to national security; and 

The operated UAS, Phantom 2 Vison plus, meets all the requirements of an Ultralight aircraft except for the ability to 

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 of speeds over 55 knots, and it's power-off stall speed is under 

24 knots calibrated airspeed. If as 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 of sight in order to meet the public safety requirement of an exemption to 

Title 14 Chapter I Subchapter F Part 103 Subpart B §103.21 

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, 

United States Code, is required for the operation of unmanned 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 of this application I will apply for a Certificate of Authorization 

so this UAS could support local Emergency Services as necessary. 

The following information is submitted to meet the requirement ofthe above act. 

1. Name and address 

a. Robert H. Melton Jr. 

b. 714 Salem Road Clarksville Tennessee 37040 

2. Section of 14 CFR from which I seek an exemption 

a. 103.1 (a) is used or intended to be used for manned operation in the air by a single occupant. 

b. 103.1 (b) is used or intended to be used for recreation, sport purposes and aerial photography 

c. 103.21 No person may operate an ultralight vehicle except by visual reference with the surface. 

3. The extent of relief you seek, and the reason you seek the relief 

a. 103.1 (a) Request the operation of the air vehicle as an UAS. By definition it will not be manned. 

b. 103.1 (b) Request that the UAS be allowed to be used for local search and rescue based on emergency 

procedures request by EMS, local Police, Sheriff department or by local Government officials of need. 

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c. Photography, agriculture monitoring and or storm damage inspection. 

d. 103.21 Request that the vehicle be operated by visual reference "from the ground "not "with the ground". This 

will be accomplished by maintaining maximum altitude and distance from the PIC of 300ft. 

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 of these 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 follow the below requirements. 

i. 50 hours of flight time prior to use for commercial purposes. The hours will be documented on the 

standard FAA Log book. 

ii. Completion of an FAA Grounds school program or home study course and successful completion of the 

knowledge test. 

b. The above stipulations along with the designation ofthis UAS as Ultralight will enhance public safety in the 

following ways. 

i. Aircraft and PIC will be registered and connected to allow for accountability. 

ii. Presently, with their low cost of these devices may people are operating these UASs in a non-regulated 

manner. By providing a way for the Aircraft to be registered to a Specific PIC, if there is an incident the 

aircraft can be traced back to an individual. I will notify the FAA if an aircraft is added or removed from 

the fleet. 

1. UAS, Phantom 2 vision 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, if the 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 of the 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 a congested gathering nor can it operate above congested parts of a 

town or city. 

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 G airspace. This will keep the aircraft away from other air traffic. 

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 only when 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" number will not be required. The "N" number is used for Aircraft 

identification. Limiting the Aircraft to Class G Airspace or Airspace controlled by emergency personnel 

under Incident commander control eliminated the need for visual identification of an aircraft within an 

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Airport control. The requirement of the "N" number for accident identification is fulfilled by the 

registration of the 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 insurance policy ensure that proper 

restitution can be made if an incident does occur. Public safety is improved by reducing the burden on 

operator to ensure proper registration and ensuring that the 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 aircraft for personal of commercial use, little is gained from requiring one of these 

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 for two years and will have to be renewed insuring 

recertification of a 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 for an exemption differs from the majority of request that I have read but has many advantages. 

i. Starting with the stipulating that these small drones are Ultralight aircraft, many ofthe rules and 

regulations necessary to keep a separation from other manned aircraft are already in effect. 

1. No person may operate an ultralight vehicle except between the hours of sunrise 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 of civil twilight as defined in the Air Almanac, 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-way to all aircraft. 

4. No person may operate an ultralight vehicle in a manner that creates a collision hazard with respect to any 

aircraft 

5. No person may operate an ultralight vehicle over any congested area of a city, town, or settlement, or over 

any open air assembly of persons. 

6. UAS can only be operated in Class G airspace 

a. No person may operate an ultralight vehicle within Class A, Class B, Class C, or Class D airspace 

or within the lateral boundaries of the surface area of Class E airspace designated for an airport 

unless that person has prior authorization from the ATC facility having jurisdiction over that 

airspace 

7. Any person operating an ultralight vehicle under this part shall, upon request, allow the Administrator, or 

his designee, to inspect the vehicle to determine the applicability of this part. 

8. No person may operate an ultralight vehicle in prohibited or restricted areas unless that person has 

permission from the using or controlling agency, as appropriate. 

9. No person may operate an ultralight vehicle in areas designated in a Notice to Airmen under §91.137, 

§91.138, §91.141, §91.143 or §91.145 ofthis chapter, unless authorized by: 

a. Air Traffic Control (ATC); or 

b. A Flight Standards Certificate of Waiver or Authorization issued for the demonstration or 

event. 

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10. The pilot or operator of an ultralight vehicle must, upon request of the Administrator, furnish satisfactory 

evidence that the vehicle is subject only to the provisions of this part. 

11. No person may operate any ultralight vehicle in a manner that creates a hazard to other persons or 

property. 

12. No person may allow an object to be dropped from an ultralight vehicle if such 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 that the PIC is properly experienced. 

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 request to exercise the privileges of your exemption outside the United States. 

Respectfully submitted 

INWITNESS WHEROF, I Robert H. Melton Jr. have hereunto set my hand and executed this affidavit on this the 121

h day of February, 2015. 

oate:2-f2,-~<JI5 sign;~ ·~ct 

Robert H. Melton Jr. 

IN iJ(' J) I(Cj 3Cj G<;l 

I. r- II. J 0 

I the undersigned, a notary in and for County of Montgomery and State of Tennessee; hereby affirm that Robert H. 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 

tolitarrre'd. 

, z--JlJ de-. Witness my hand and seal this ~day of b' 2015 

Sig/,JhJJ~ (jUU<;t' ; ·v 0 Notary Public 

c._3.;.Lj..j~ My Commission expires;-----------' 

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