1. CONTACT INFORMATION:

Christopher Smith

113 New Jersey Ave, Lavallette, NJ 08735

(732)-300-4725

Email: csmithphotographer@gmail.com

2. 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).

Christopher Smith’s 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
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 Christopher

Smith 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. Additionally, the UAS will only operate less than 400ft AGL.

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

by the FAA.

8. 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.

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

10. 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.
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 local laws and restrictions

A) 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.

1. 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.

2. 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.

3. 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 non- participants 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.

4. The PIC and SO shall always be within visual line of sight (VLOS) of each other and in direct

verbal communication at all times.

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

a. Designated roles of PIC and SO

b. Risk Management and Mitigation

6. Liability Insurance

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

IV. DJI INSPIRE 1

Model

Weight (Battery Included) Hovering Accuracy:

Vertical

Horizontal

Max Angular Velocity

Max Tilt Angle

Max Ascent Speed
Max Ascent Speed

Max Decent Speed

Max Speed

Max Flight Time

Operating Temperature Range Dimension

T600 6.47 lbs.

1.6 feet

8.2 feet 150°/s

35°

16.4 ft/s 13.1 ft/s

42 kts

18 minutes 14° F - 104° 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 §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
(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, Christopher Smith 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
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.
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, Christopher Smith adheres to all FAA regulations. Further Christopher

Smith airborne teams operate under the principals of: Safety First, Quality Assurance, Accountability,

Reporting, and Training. When approved by the FAA it is Christopher Smith's 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
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 Christopher Smith 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. Christopher Smith 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,

Christopher Smith, 732-300-4725

113 New Jersey Ave

Lavallette, NJ 08735