June 25, 2015

Exemption No. 11897

Regulatory Docket No. FAA–2015−1294

Mr. Michael Bethers

3625 Rivercrest Drive North

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 Federal Aviation Administration (FAA) for 

an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography and videography for real estate.

See Appendix A for the petition submitted to the FAA describing the proposed 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 Public 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 products 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 collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, 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 petitioner 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 interest.

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 exemption 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, RF 

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 55 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 maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for 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 this 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 

limitations 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 operator 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 updated 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 FAA’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 operation 

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 must 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 is 

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 components, 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 Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review 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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(training, 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 operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate 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 visual 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 symbol 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 signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

20. The PIC is prohibited 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 conducted 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 available 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 nonparticipating 

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 remain 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 controlled-access property with 

permission from the property owner/controller or authorized 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 operational area as defined by the applicable COA must be reported 

to the FAA'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 area 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 the 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 certificate 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 available 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 

essential 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 specified 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

Enclosures
April 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 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, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR 

Part 11, Michael Bethers, private pilot, and operator of Small Unmanned Aircraft Systems ("UAS") 

equipped to conduct aerial photography for the education 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 exemption would permit the operation of small, 

unmanned and relatively inexpensive UAS under controlled conditions in airspace that is 1) limited 2) 

predetermined and 3) controlled as to access. Approval of this exemption would thereby fulfill the 

Secretary of Transportation's (the responsibilities to " ... establish requirements for the safe operation of 

such aircraft systems in the national airspace system." Section 333 (c) of the Reform Act. 

Sincerely, 

Michael R. Bethers 

3625 Rivercrest Dr. N 

Keizer, OR 97303 

 
I. 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 FEDERAL 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 to 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 rulemaking required under Section 332 of 

the Reform Act. In making this determination, the Secretary 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 capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 
• Operation of the UAS within Visual Line of Sight (VLOS) of the Pilot and Observers. 

Reform Act §333 (a). Lastly, if the Secretary determines that such vehicles "may 

operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace 

system." Id. §333 (c) (emphasis added). The Federal Aviation Act expressly grants 

the FAA the authority to issue exemptions. This statutory authority by its terms 

includes exempting civil aircraft, as the term is defined under §401 01 of the Act; 

that includes UAS, from the requirement that all civil aircraft must have a current 

airworthiness certificate. The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or 

any sections 44702-44716 of this title if the Administrator finds the exemption in 

the public interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1). 

Michael Bethers’ UAS(s) are small rotorcraft aircraft, the DJI Inspire 1, weighing less than 10 

lbs. including sensor payload. They operate their rotorcraft, 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 simultaneously. They will manually operate only in 

Visual Line of Sight and will operate only within the 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 envisioned that the FAA must, by exemption, 

allow commercial operations of UAS to commence immediately. Also due to the size of the 

UAS and the areas in which the relevant UAS will operate, approval of the application 

presents no national security issue. Given the clear direction in Section 333 of the Reform 

Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent 

level of safety, surrounding the proposed operations, and significant public benefit, 

including enhanced safety, reduction in environmental impact, including reduced emissions 

associated with allowing UAS for educational and marketing operations, (as opposed to full 

scale aircraft), the granting of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay. 

III. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 
The applicant proposes that the exemption requested herein apply to civil aircraft that have 

the characteristics and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or possibly higher level of safety to operations under the 

current regulatory structure because the proposed operations represent a safety 

enhancement to the already safe filming operations conducted with conventional aircraft. 

These limitations and condition to which Michael Bethers agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 10 lbs. 

2. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and aircrew 

(Spotter I Observer). 

3. Maximum total flight time for each operational flight 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 will consist of the Pilot and Spotter I 

Observer. In most cases the third aircrew member will serve as the Safety Officer. 

6. The UAS Pilot will be an FAA licensed airman with at 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 qualifications 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 400ft AGL. 

10. The UAS will never enter any MOA or Restricted Airspace, nor shall it violate any TFR as 

outlined by the FAA. 

11. A pre-flight briefing will be conducted in regard to the planned UAS operation prior to each 

day's flying I recording activities. It will be mandatory that all personnel who will be 

performing duties as "flight crew" be present for this briefing. 

12. Pilot and Spotter (Observer) will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as required. 

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

15. If the UAS loses communications or loses its GPS signal, 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 Chapter 837 (Aircraft Operations). 

a. The UAS Pilot in Command (PIC) shall possess at a minimum, a private pilot certificate 

and current third-class medical certificate. 

i. The PIC shall also meet the flight review requirements 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 specific make and model of the 

UAS being piloted and successfully completed all training required. 

iii. The PIC shall have accumulated and logged, in a manner consistent with 14 CFR 

§61.51 (b), a minimum of200 flight cycles and 25 hours 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 flight experience that was 

obtained in compliance with applicable regulations may satisfy this 

requirement. 

iv. The PIC shall have accumulated and logged, in a manner consistent with 14 CFR 

§61.51 (b), a minimum of five hours as UAS pilot operating the make and model 

of UAS to be utilized for operations under the exemption and three take-offs 

and three landings in the preceding 90 days. 

v. Training, proficiency, and experience-building flights can also be conducted 

under this grant of exemption to accomplish the required flight cycles and flight 

time. 

1. During training, proficiency, and experience-building flights, all persons 

not essential for flight operations are considered non-participants, and 

the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR §91.119. 

b. The UAS Safety Observer (SO) shall meet all training 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 flight. 

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 of 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 Certificates 14 CFR §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (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 meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 
exempt aircraft from the requirement capability, and 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 environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (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 lbs. fully loaded, carries neither a pilot nor passenger, 

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, operations 

under this exemption will be tightly controlled and monitored by both the Operator, pursuant to safety

requirements, and under the requirements and in compliance with local public safety requirements, to 

provide security for the area of operation as is now 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 and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of 

these same criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external 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 aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted", "lightsport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be 

placed. Given the size of the sUAV, two inch lettering will be impossible. The word "Experimental" will 

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 FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 CFR §61.113 (a) & (b): 

Private Pilot Privileges and Limitations - Pilot in Command (PIC) Sections 61.113 (a) & (b) limit private 

pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed 
operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate 

this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely 

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 Operating 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 the present level of safety achieved by 14 CFR §61.113 

(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 condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

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 equivalent 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 operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless

there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the Operating Manual at the ground control 

point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following 

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 safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. An equivalent level of safety will be provided as set forth in the Operating Manual. The 
PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation 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) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and

remotely piloted aircraft, by their design do not have 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 instruction in experimental aircraft. See Exemptions Nos. 

5778K & 9862A. The equivalent level of safety provided by the fact that aircraft will be piloted by a 

certified private pilot who has previously trained in remote flight areas before attempting flight within 

filming distance of structures. 

14 CPR § 91.119: Minimum Safe Altitudes 

Section 91. 119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a UAS, Michael Bethers requests authority to operate at altitudes up to 400 ft. AGL; an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than

400 ft. AGL. It will however be operated in a controlled area where buildings and people will not be 

exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as 

location where it is operated. No flight will be taken 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 flight operations as set forth in the Operating Manual. 

Compared to flight operations with aircraft or rotorcraft 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 aircraft operating at or below 500 ft. AGL. In addition, the 

low-altitude operations of the UAS will ensure separation between these small UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 CPR § 91.121 : Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the UAS will not have a barometric altimeter, but instead a GPS altitude 

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 list, confirming the altitude of the launch site shown 

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 beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 

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 flights 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 §91.151 (a) falls within the scope of prior exemptions. 

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners 

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 given 

the size and speed of the small UAS. Additionally, limiting UAS flights would greatly reduce the utility for 

which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes 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 its limited operating area. 

Similar exemptions have been granted to other operations, 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 operate a civil aircraft unless it has within it the 

following: 

(1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (b) 

of this section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 
The UAS fully loaded weighs no more than 10 lbs. and 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 the 

UAS. 

An equivalent level of safety will be achieved by keeping 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 to 

the UAS, and should they be issued. The FAA has issued 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): Maintenance 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 between required inspections, except as provided in 

paragraph C of this section, have discrepancies repaired as prescribed in Part 43 of this chapter ... ," and 

others shall inspect or maintain the aircraft in compliance 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. Maintenance will be accomplished by the operator; pursuant to 

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 periods of 

time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 

400 ft. AGL. As provided in the Operating Manual, the PIC (operator) will ensure that the UAS is in 

working order prior to initiating flight, and perform 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 is 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 small unmanned vehicle (51bs or less) in Educational and 

Marketing operations. 

Privacy 

All flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge, or over remote public land. Image capture of people will rarely take place, but in the 

event they are, they will have consented prior to being 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 adheres to all FAA regulations. Further Michael Bethers 

airborne teams operate under the principals of: Safety First, Quality Assurance, Accountability, 
Reporting, and Training. When approved by the FAA it 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 operations of UAS in the real estate industry will enhance 

safety by reducing risk. Conventional filming operations, using turbine or piston powered aircraft 

present the risks associated with vehicles that weigh in the neighborhood of 2,0001bs.+, carrying large 

amounts of Jet A or 100 LL (60 gallons for the aircraft primarily used by Michael Bethers). Such aircraft 

must fly to and from photographing location. In contrast, a UAS weighing fewer than 10 lbs. and 

powered by batteries eliminates virtually all of the risk given the substantial reduced mass and lack of 

combustible fuel carried on board. The UAS is typically transported to the location via auto or cargo van 

in a medium sized case and is never flown to set. The UAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated 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 supporting 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 slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than ground than conventional operations conducted with 

piston helicopters or fixed wing aircraft operating in relatively close proximity to the ground and people. 

The primary market of interest for Michael Bethers utilizing UAS is the marketing of real property, and 

the second is the education of real estate professionals. 

It is anticipated that the airborne image capture process will be accomplished exclusively in day time

VFR environments. To capture the highest quality of resolution the majority of airborne data collections 

will take place during the 07:00am- 07:00pm (19:00) window. 

V. Summary 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012- size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security- provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's UAS in the real estate industry pursuant to the 

Operating Manual appended hereto. Michael Bethers is eagerly standing by to support the FAA and UAS 

community in its quest to establish proper regulations 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