### 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 ofthe FAA Reform Act ofthe 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 ofnew and remodeled commercial buildings/projects, individual homeowner aerial photography /videography, photography and video ofland 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 inf ormation 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 ofsuch aircraft systems [sUASs] in the national airspace system” under Section 333(c) ofthe Reform Act specific to the use ofsUASs 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 ofan exemption allowing me to operate sUAS, remote controlled sUASs for the purposes ofacquiring aerial photos & videos, both ofwhich will promote local economic growth through increased employ ment 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 ofTitle 14 ofthe Code ofFederal 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 ofreliefCarlos 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 relieffrom 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 ofcivil 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 ty pes ofsUASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe sUASs; whether the sUAS will be operated near airports or heavilypopulated areas; and, whether the sUAS will be operated by line ofsight. 112 P.L. 95 § 333 (a). Each ofthese items reflect in favor ofan 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 offinancial 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 Modefor 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 ofvertical and horizontal operations, and are f lown only within my line ofsight, 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 ofcontrol or hazards. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level ofoperation. 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 ofpractice 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 ofmy unmanned aircraft and will not “create a hazard to users ofthe 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 ofthe Reform Act. Granting my, Carlos M Melendez’s, exemption request furthers the public interest through education/visual awareness ofthe 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 ofSafety At Least Equal To Existing Rule: I, Carlos M Melendez, submit the following representations ofenhancements 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 of2012); My sUAS only operates for ten (10) to twenty (20) minutes per flight; I land my sUAS prior to manufacturer recommended minimum level ofbattery power; I pilot my sUAS through remote control only by visual line ofsight; My sUAS has GPS and FLYTREX LIVE 3G, a flight safety feature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost; I actively analyze flight data and other sources ofinformation 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 ofpeople.
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 ofpotential 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 ofnecessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area ofmy, Carlos M Melendez’s, sUAS permits exemption from Part 21 because my sUAS meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe 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 ofthe Reform Act. Both pieces oflegislation permit the FAA to exempt sUASs from the airworthiness certificate requirement in consideration ofthe 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 ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan 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. 14C.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 ofthe sUASs, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a safety /flight
manual delineating areas ofwhere safety can be defined.5The 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 ofcivil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level ofsafety will be achieved by maintaining any such required certifications and registrations by me, Carlos M Melendez. 14 C.F.R. § 45.23: Marking ofthe Aircraft. Applicable Codes ofFederal 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 ofsafety 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 ofmy 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 ofcivil 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 ofsafety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofmy sUAS,
an equivalent or higher level ofsafety 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 ofthis part andshall between required inspections, except as provided in paragraph (c) ofthis section,

have discrepancies repaired as prescribed in part 43 ofthis 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 ofa flight operations manual. Formal collection ofinformation 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 ofdeath or serious bodily injury is significantly is diminished. I, Carlos M Melendez’s, operation ofmy sUAS, weighing less than 55 pounds and traveling at lower speed limits. I, Carlos M Melendez, will provide an equivalent level ofsafety 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