### June 25, 2015

Exemption No. 11897 Regulatory Docket No. FAA

– 20 15

− 1294

Mr. Michael Bethers 3625 Rivercrest Dr ive N orth Keizer, OR 97303

Dear Mr. Bethers :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated April 4, 2015 , you petitioned the Federa l Aviation Administration (FAA) for an exemption. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography for real estate

. See Appendix A for the petition submitted to the FAA describing the pro posed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

. The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

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14 CFR part 21

, Certification procedures for pro ducts and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Michael R. Bethers is granted an exe mption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Michael R. Bethers is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, R F analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.

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Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when weighing less than 5 5 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The

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operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it i s in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable comp onents, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

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( traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training op erations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropri ate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visu al flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is proh ibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

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23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be availab le to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

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30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and cer tificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made availa ble to the inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes

es sential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise spe cified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

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This exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/ John S. Duncan Director, Flight Standards Service

EnclosuresApril 4, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 205590

RE: Exemption Request Section 333 of the FAA Refor m Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.11 3(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); 91.40 7(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir,

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Michael Bethers, private pilot, and operat or of Small Unmanned Aircraft Systems ("UAS") equipped to conduct aerial photography for the educ ation of real estate professionals and real estate marketing purposes, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its “UAS, ” so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section
333.

As described more fully below, the requested exempt ion would permit the operation of small, unmanned and relatively inexpensive UAS under contr olled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access. Appro val of this exemption would thereby fulfill the Secretary of Transportation's (the responsibilities to " ... establish requirements for the safe opera tion of such aircraft systems in the national airspace syst em." Section 333 (c) of the Reform Act.

Sincerely,

Michael R. Bethers
3625 Rivercrest Dr. N Keizer, OR 97303I. CONTACT INFORMATION:

Michael Bethers
3625 Rivercrest Dr. N. Keizer, OR 97303 (503) 932-6899
Email: ipsc297@gmail.com
Private Pilot FAA 3185871

II. THE SPECIFIC SECTIONS OF TITLE 14 OF THE CODE OF FE DERAL REGULATIONS FROM WHICH MICHAEL BETHERS REQUESTS EXEMPTION ARE:

14 CFR Part 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)
14 CFR 91.103
14 CFR 91.109
14CFR91.119
14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted t o fulfill Congress' goal in passing Section 333 (a) through (c) of the Reform Act. This directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule making required under Section 332 of the Reform Act. In making this determination, the S ecretary is required to determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS's size, weight, speed, and operational capa bility;

• Operation of the UAS in close proximity to airports and populated areas; and• Operation of the UAS within Visual Line of Sight (V LOS) of the Pilot and Observers. Reform Act §333 (a). Lastly, if the Secretary deter mines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraf t in the national airspace system." Id. §333 (c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This sta tutory authority by its terms includes exempting civil aircraft, as the term is d efined under §401 01 of the Act; that includes UAS, from the requirement that all ci vil aircraft must have a current airworthiness certificate. The Administrator may gr ant an exemption from a requirement of a regulation prescribed under subsec tion (a) or (b) of this section or any sections 44702-44716 of this title if the Admin istrator finds the exemption in the public interest. 49 U.S.C. §44704; 14 CFR §91.2 03 (a) (1).

Michael Bethers’ UAS(s) are small rotorcraft aircra ft, the DJI Inspire 1, weighing less than 10 lbs. including sensor payload. They operate their r otorcraft, under normal conditions at a speed of no more than 20 knots, usually 3-5 knots, and have the capability to hover, and move in the vertical and horizontal plane simultane ously. They will manually operate only in Visual Line of Sight and will operate only within t he operating parameters as described in the Operating Manual attached as Attachment 1.

Adherence to the Operating Manual will insure that the UAS will "not create a hazard to the national airspace system or the public."

Given the small size and weight of the UAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envis ioned that the FAA must, by exemption, allow commercial operations of UAS to commence imme diately. Also due to the size of the UAS and the areas in which the relevant UAS will op erate, approval of the application presents no national security issue. Given the clea r direction in Section 333 of the Reform Act, the authority contained in the Federal Aviatio n Act, as amended; the strong equivalent level of safety, surrounding the proposed operation s, and significant public benefit, including enhanced safety, reduction in environment al impact, including reduced emissions associated with allowing UAS for educational and ma rketing operations, (as opposed to full scale aircraft), the granting of the requested exem ptions is in the public interest. Accordingly, the applicant respectfully requests th at the FAA grant the requested exemption without delay.

III. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETYThe applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limit ations listed herein. These limitations provide for at least an equivalent or possibly high er level of safety to operations under the current regulatory structure because the proposed o perations represent a safety enhancement to the already safe filming operations conducted with conventional aircraft.
These limitations and condition to which Michael Be thers agrees to be bound when conducting commercial operations under an FAA issue d exemption include:

1. The UAS will weigh less than 10 lbs.

2. Flights will be operated manually within visual lin e of sight (VLOS) of the Pilot and aircrew (Spotter I Observer).

3. Maximum total flight time for each operational flig ht will be 20 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL, though most operations will be conducted within 50 feet of the ground.

5. Minimum two (2) man crew for each UAS operation wil l consist of the Pilot and Spotter I
Observer. In most cases the third aircrew member wi ll serve as the Safety Officer.

6. The UAS Pilot will be an FAA licensed airman with a t least a private pilot's certificate and
third class medical and valid driver's license.

7. The UAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder, other than the UAS Pilot, possesses the necessary PIC qualificatio ns and is also present, that person can also be designated as PIC.

8. The UAS will only operate within an area of Marion, Polk, Yamhill, Linn and Benton County in the State of Oregon.

9. Additionally, the UAS will only operate less than 4 00ft AGL.

10. The UAS will never enter any MOA or Restricted Airs pace, nor shall it violate any TFR as outlined by the FAA.

11. A pre-flight briefing will be conducted in regard t o the planned UAS operation prior to each day's flying I recording activities. It will be man datory that all personnel who will be performing duties as "flight crew" be present for t his briefing.

12. Pilot and Spotter (Observer) will have been trained in operation of UAS generally and received up-to-date information on the particular U AS to be operated as required.

13. Spotter (Observer) and Pilot will at all times be a ble to communicate by voice or radio.14. Written and/or oral permission from the relevant pr operty holders will be obtained.

15. If the UAS loses communications or loses its GPS si gnal, the UAS will have capability to return to a pre-determined location and land.

16. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

17. Pilot will abide by all Oregon Revised Statutes Cha pter 837 (Aircraft Operations).

a. The UAS Pilot in Command (PIC) shall possess at a m inimum, a private pilot certificate
and current third-class medical certificate.

i. The PIC shall also meet the flight review requireme nts specified in 14 CFR §61.56 in an aircraft in which the PIC is rated on their pilot certificate.

ii. The PIC shall be trained in the operation of the sp ecific make and model of the UAS being piloted and successfully completed all tr aining required.

iii. The PIC shall have accumulated and logged, in a man ner consistent with 14 CFR §61.51 (b), a minimum of200 flight cycles and 25 ho urs of total time as a UAS rotorcraft pilot and at least five hours logged as a UAS pilot with a similar UAS type (multirotor or helicopter). Prior documented f light experience that was obtained in compliance with applicable regulations may satisfy this requirement.

iv. The PIC shall have accumulated and logged, in a man ner consistent with 14 CFR §61.51 (b), a minimum of five hours as UAS pilot op erating the make and model of UAS to be utilized for operations under the exem ption and three take-offs and three landings in the preceding 90 days.

v. Training, proficiency, and experience-building flig hts can also be conducted under this grant of exemption to accomplish the req uired flight cycles and flight
time.

1. During training, proficiency, and experience-buildi ng flights, all persons not essential for flight operations are considered non-participants, and the PIC must operate the UAS with appropriate dista nce from nonparticipants in accordance with 14 CFR §91.119.

b. The UAS Safety Observer (SO) shall meet all trainin g requirements and be responsible for all of his/her duties as set forth by GCUAS UAS Operating Manual.c. The PIC and SO will be designated before each fligh t.

i. Minimum crew for each flight operation will consist of the UAS PIC and SO.

d. The PIC and SO shall always be within visual line o f sight (VLOS) of each other and in
direct verbal communication at all times.

e. Safety Briefings shall be conducted before each day 's activities to include, but not
limited to:

i. Designated roles of PIC and SO

ii. Risk Management and Mitigation

f. Liability Insurance

i. General Liability Insurance shall be maintained in the amount of 500,000/100,000.

IV. DJI INSPIRE 1

Model T600 Weight (Battery Included) 6.47 lbs. Hovering Accuracy: Vertical 1.6 feet
Horizontal 8.2 feet Max Angular Velocity 150°/s Max Tilt Angle 35° Max Ascent Speed 16.4 ft/s Max Decent Speed 13.1 ft/s Max Speed 42 kts Max Flight Time 18 minutes Operating Temperature Range 14° F - 104°
Dimension 18"x18"x12"

14 CFR Part 21, Subpart H: Airworthiness Certificat es 14 CFR §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements for the issuan ce of airworthiness certificates as required by FAR §9 1.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meet s the requirements of an equivalent level of safety u nder Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Sec tion 333 of the Reform Act both authorize the FAA t oexempt aircraft from the requirement capability, an d proximity to airports and populated areas of the

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted enviro nment and under the conditions proposed will be at least as safe, or safer, than a conventional aircra ft (fixed-wing or rotorcraft) operating with an
airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 10 l bs. fully loaded, carries neither a pilot nor passe nger, carries no explosive materials nor flammable liquid fuels, and operates exclusively within a limited radius area as set out in the preflight briefing I VLOS operations. Unlike other civil aircraft, opera tions under this exemption will be tightly controlled and monitored by both the Operator, pursuant to safety requirements, and under the requirements and in com pliance with local public safety requirements, to provide security for the area of operation as is no w done with conventional aircraft. These safety enhancements, which already apply to civil aircraft operated in connection with video production, provide a greater degree of safety to the public an d property owners than conventional operations
conducted with airworthiness certificates issued un der 14 C.F.R. Part 21, Subpart H. Lastly, applicati on of
these same criteria demonstrates that there is no c redible threat to national security posed by the UA S, due to its size, speed of operation, location of op eration, lack of explosive materials or flammable l iquid fuels, and inability to carry a substantial externa l load.

14 CFR §45.23 (B): Marking of the Aircraft The regulation requires:

When marks include only the Roman capital letter "N " and the registration number is displayed on limited, restricted or light-sport category aircraf t or experimental or provisionally certificated air craft, the operator must also display on that aircraft nea r each entrance to the cabin, cockpit, or pilot sta tion,
in letters not less than 2 inches nor more than 6 i nches high, the words "limited," "restricted", "lig htsport," "experimental," or "provisional," as applic able.

Even though the UAS will have no airworthiness cert ificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilo t station on which the word "Experimental" can be placed. Given the size of the sUAV, two inch letter ing will be impossible. The word "Experimental" wil l be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the Pilot, Spotter (Observer) and others working with the sUAV will see the identification of the UAS as "Experimental." The FA A has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 an d 10167A.

14 CFR §61.113 (a) & (b):

Private Pilot Privileges and Limitations - Pilot in Command (PIC) Sections 61.113 (a) & (b) limit priv ate pilots to non-commercial operations. Because the UA S will not carry a pilot or passengers, the propose doperations can achieve the equivalent level of safe ty of current operations by requiring the PIC

operating the aircraft to have a private pilot's li cense rather than a commercial pilot's license to o perate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remot ely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Operating Manual. The level of safety provided by the requirements included in the Operat ing Manual meets that provided by single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a private pilot as the PIC exceeds t he present level of safety achieved by 14 CFR §61.1 13 (a) & (b).

14 CFR §91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy conditio n. As
there will be no airworthiness certificate issued f or the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and t he requirements contained in the Operating Manual for maintenance and use of safety checks prior to each flight, as set forth in the Operating Manual, an eq uivalent level of safety will be provided.

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operat e a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manu al is not required by §21.5 of this chapter, unless there is available in the aircraft a current approv ed Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any com bination thereof.

The UAS, given its size and configuration has no ab ility or place to carry such a flight manual on the aircraft, not only because there is no pilot on boa rd, but because there is no room or capacity to car ry such an item on the aircraft.

The equivalent level of safety will be maintained b y keeping the Operating Manual at the ground contro l point where the pilot flying the UAS will have imme diate access to it. The FAA has issued the followin g exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A 10602, 32827, and 10700

14 CFR §91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to insure the sa fety of flight. As FAA approved rotorcraft flight manual s will not be provided for the aircraft an exemptio n will be needed. An equivalent level of safety will be provided as set forth in the Operating Manual. T hePIC will take all actions including reviewing weath er, flight battery requirements, landing and takeof f

distances and aircraft performance data before init iation of flight.

14 CFR §91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) tha t is being used for flight instruction unless that ai rcraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not h ave fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight in struction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety provi ded by the fact that aircraft will be piloted by a certified private pilot who has previously trained in remote flight areas before attempting flight wit hin filming distance of structures.

14 CPR § 91.119: Minimum Safe Altitudes

Section 91. 119 establishes safe altitudes for oper ation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. As this exempti on is for a UAS, Michael Bethers requests authority to operate at altitudes up to 400 ft. AGL; an exempti on may be needed to allow such operations. As set fort h herein, the UAS will never operate at higher than 400 ft. AGL. It will however be operated in a contr olled area where buildings and people will not be exposed to operations without their pre-obtained co nsent.

The equivalent level of safety will be achieved giv en the size, weight, speed of the UAS as well as location where it is operated. No flight will be ta ken without the permission of the property owner. Because of the advance notice to the property owner and participants in the photographic activity, all affected individuals will be aware of the planned f light operations as set forth in the Operating Manu al. Compared to flight operations with aircraft or roto rcraft weighing far more than the maximum 10 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraf t operating at or below 500 ft. AGL. In addition, t he low-altitude operations of the UAS will ensure sepa ration between these small UAS operations and the operations of conventional aircraft that must compl y with Section 91.119.

14 CPR § 91.121 : Altimeter Settings

This regulation requires each person operating an a ircraft to maintain cruising altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter s etting available before departure." As the UAS will not ha ve a barometric altimeter, but instead a GPS altitu de read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Operating Manual and Safety Check l ist, confirming the altitude of the launch site sho wn on the GPS altitude indicator before flight.14 CPR §91.151 (a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beg inning "a flight in an airplane under VFR condition s unless (considering wind and forecast weather condi tions) there is enough fuel to fly to the first poi nt of intended landing, and, assuming normal cruising spe ed- (1) During the day, to fly after that for at le ast 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The battery powering the UAS provides approximately 20 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS f lights would be impossible. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §9 1.151 (a) falls within the scope of prior exemption s. See Exemption 10673 (allowing Lockheed Martin Corpo ration to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owne rs or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserved fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate g iven the size and speed of the small UAS. Additionally, limiting UAS flights would greatly reduce the utili ty for which the exemption will be granted.

Applicant believes that an equivalent level of safe ty can be achieved by limiting flights to 20 minute s or 25% of battery power whichever happens first. This restriction would be more than adequate return the UAS to its planned landing zone from anywhere in it s limited operating area.

Similar exemptions have been granted to other opera tions, including Exemptions 2689F, 57 45, 1 0673,
and 10808.

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may op erate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certif icate ...

(b) No person may operate a civil aircraft unless t he airworthiness certificate required by paragraph (b) of this section or a special flight authorization i ssued under §91. 715 is displayed at the cabin or c ockpit entrance so that it is legible to passengers or cre w.The UAS fully loaded weighs no more than 10 lbs. an d is operated without an onboard Pilot. As such,

there is no ability or place to carry certification and registration documents or to display them on t he
UAS.

An equivalent level of safety will be achieved by k eeping these documents at the ground control point where the Pilot flying the UAS will have immediate access to them, to the extent they are applicable t o the UAS, and should they be issued. The FAA has iss ued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): Mai ntenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall betw een required inspections, except as provided in paragraph C of this section, have discrepancies rep aired as prescribed in Part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in co mpliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenan ce will be accomplished by the operator; pursuant t o the Operating manual. An equivalent level of safety will be achieved because these small UAS are very limited in size and will carry a small payload and operate only in restricted areas for limited period s of
time. If mechanical issues arise the UAS can land i mmediately and will be operating from no higher tha n 400 ft. AGL. As provided in the Operating Manual, t he PIC (operator) will ensure that the UAS is in working order prior to initiating flight, and perfo rm required maintenance. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety

.
Pursuant to 14 CFR Part 11, the following summary i s provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: D 14 CFR § 21, subpart H; 14 CFR § 45.23 (b) ; 14 CFR § 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2) ; 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91. 203 (a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 ( a) (2) and 91.417 (a) & (b) to operate commercially a smal l unmanned vehicle (51bs or less) in Educational an d Marketing operations.

Privacy

All flights will occur over private or controlled a ccess property with the property owner's prior cons ent and knowledge, or over remote public land. Image ca pture of people will rarely take place, but in the event they are, they will have consented prior to b eing filmed or otherwise have agreed to be in the area where data collection will take place.

Airborne Image Capture

With regard to airborne filming, Michael Bethers ad heres to all FAA regulations. Further Michael Bethe rs airborne teams operate under the principals of: Saf ety First, Quality Assurance, Accountability,Reporting, and Training. When approved by the FAA i t is Michael Bethers’ mandate to treat all UAS

operations the exact same level of professionalism and seriousness as that of conventional aircraft.

Approval of exemptions allowing commercial operatio ns of UAS in the real estate industry will enhance safety by reducing risk. Conventional filming opera tions, using turbine or piston powered aircraft present the risks associated with vehicles that wei gh in the neighborhood of 2,0001bs.+, carrying larg e amounts of Jet A or 100 LL (60 gallons for the airc raft primarily used by Michael Bethers). Such aircr aft must fly to and from photographing location. In con trast, a UAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of th e risk given the substantial reduced mass and lack of combustible fuel carried on board. The UAS is typic ally transported to the location via auto or cargo van in a medium sized case and is never flown to set. T he UAS will carry no passengers or crew and, therefore, will not expose them to the risks associ ated with manned aircraft.

The operation of small UAS, weighting less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety s upporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at s low speeds, close to the ground, and in a sterile environment and, as a result, are far safer than gr ound than conventional operations conducted with piston helicopters or fixed wing aircraft operating in relatively close proximity to the ground and pe ople.

The primary market of interest for Michael Bethers utilizing UAS is the marketing of real property, an d the second is the education of real estate professi onals.

It is anticipated that the airborne image capture p rocess will be accomplished exclusively in day time VFR environments. To capture the highest quality of resolution the majority of airborne data collectio ns will take place during the 07:00am- 07:00pm (19:00) window.

V. Summary

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012- size, weight, speed, operating capabilities, proximity to airports and p opulated areas and operation within visual line of sight and national security- provide more than adequate j ustification for the grant of the requested exemptions allowing commercial operation of applica nt's UAS in the real estate industry pursuant to th e Operating Manual appended hereto. Michael Bethers i s eagerly standing by to support the FAA and UAS community in its quest to establish proper regulati ons and protocols for the safe introduction of unmanned aircraft into the national airspace.

Sincerely,Michael R. Bethers

3625 Rivercrest Dr. N Keizer, Or 97303 503-932-6899