WhatTheHeli LLC.

863 East Logan Ave, 1

Salt Lake City, Utah 84105

CEO@WhatTheHeli.com

801.997.0451

Oct. 19, 2015

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, Carlos M Melendez, 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, Carlos M

Melendez, an owner and operator of unmanned aircrafts, be exempted from the Federal

Aviation Regulations (“FARs”) listed below so that I, Carlos M Melendez, may operate

my unmanned aircrafts system (“sUAS”) commercially in airspace regulated by the

Federal Aviation Administration (“FAA”).

I, Carlos M Melendez, am a videographer ; experienced in flying hobby aircraft for

recreational purposes. I have added a 3DR SOLO (quadcopter) and AeroSky C17

(hexacopter) UAS to my inventory equipped with a GoPro 4 camera with intent for aerial

photography and videography; following exemption and approval by the FAA.

My, Carlos M Melendez's, exemption request would permit operation unmanned (piloted

by remote control) and comparatively inexpensive sUAS(s) in tightly controlled and

limited airspace. 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, Carlos M Melendez, have personally instilled safety protocols and controls

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, Carlos M Melendez, 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, Carlos M Melendez’s, 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, Carlos M Melendez, will conduct my operations in

compliance with the protocols described herein or as otherwise established by the FAA.

I, Carlos M Melendez, respectfully request the grant of an exemption allowing me to

operate sUAS, 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. Public safety in mind by keeping heavier manned

aircraft containing combustible fuel that that poses potential public hazard.

The Specific Sections of Title 14 of the Code of Federal Regulations From Which Carlos

M Melendez 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).

The Extent of relief Carlos M Melendez seeks and the Reason He Seeks Such Relief:

I, Carlos M Melendez, 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, Carlos M Melendez, 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.

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, Carlos M

Melendez. My sUAS utilizes four-six (4-6) counter-rotating propellers for balance,

(quadcopter and hexacopter) control and stability. My sUAS is equipped with GPS and

auto return safety technology and also using FLYTREX LIVE 3G Live flight channel lets

you share your flight telemetry and Google map flight path with the customer while in

the air. Keep weighing (far below the maximum 55 pound limit); including camera with

gimbal.
I, Carlos M Melendez, consider safety as upmost importance with every flight. My

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 Mode 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 and return to home

(RTH).

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, 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,

Carlos M Melendez, 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 flight time.

I will 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 years of practice flights in

remote areas as a hobbyist simulating flights and using flight Simulator, preparing for

future commercial and Personal use.

I, Carlos M Melendez, am extremely cautious when operating of my unmanned aircraft

and will not “create a hazard to users of the national airspace system or the public.” 112

P.L. 95 § 333 (b). 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.
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, Carlos M Melendez’s, exemption request furthers the public

interest through education/visual awareness of the photography and videography fields

throughout the Salt Lake City, Utah and surrounding area. My UAS is battery powered

and creates no emissions that can harm the environment.

Reasons Why Carlos M Melendez’s Exemption Will Not Adversely Affect Safety Or

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

I, Carlos M Melendez, submit the following representations of enhancements to current

aerial photography/videography. My sUAS weighs less than 55 pounds complete with a

GoPro 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 and FLYTREX LIVE 3G, 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 be update and improve all safety protocols; I only operate in reasonably safe

environment away from airports, schools and areas with large groups of people.

I conduct extensive pre-flight inspections during all flights; I always obtain all necessary

permissions prior to operation; and, I have procedures in place to abort flights in the

event of potential danger.

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, Carlos M Melendez’s, 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, Carlos M Melendez’, 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, Carlos M Melendez. 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, Carlos M

Melendez, 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, Carlos M Melendez, 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,

Carlos M Melendez, 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, Carlos M Melendez', sUAS. However, as a safety precaution I

thoroughly inspect my sUAS before and after each flight.

In summary, Carlos M Melendez 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, Carlos M

Melendez', small unmanned vehicle/lightweight unmanned aircraft vehicle in community

awareness and aerial photography and videography operations. Granting my, Carlos M

Melendez’, request for exemption will reduce current risk levels and thereby enhance

safety. My sUAS crafts 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, Carlos M Melendez, have been informally

analyzing all flight information and will compile safety protocols and the implementation

of a flight operations manual. Formal collection of information shared with the FAA will

enhance the FAA's internal efforts. There are no personnel on-board my, Carlos M

Melendez’s, sUAS and therefore the likelihood of death or serious bodily injury is

significantly is diminished. I, Carlos M Melendez’s, operation of my sUAS, weighing

less than 55 pounds and traveling at lower speed limits. I, Carlos M Melendez, will

provide an equivalent level of safety as that achieved under current FARs. Accordingly I,

Carlos M Melendez, respectfully request that the FAA grant my exemption request and

am willing to sharing information to benefit the FAA.

Respectfully submitted,

Carlos M Melendez

WhatTheHeli LLC.

863 East Logan Ave

Salt Lake City, Utah 84105