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. CONTACT INFORMATION: Christopher Smith 113 New Jersey Ave, Lavallette, NJ 08735 (732)-300-4725 Email: csmithphotographer@gmail.com
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. 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 nationalAdherence 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:

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. The UAS will weigh less than 10 lbs.
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. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and aircrew (Spotter I Observer).
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. 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.
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. 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.
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. 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 O ffi cer. 6

. Additionally, the UAS will only operate less than 400ft AGL.
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. The UAS will never enter any MOA or Restricted Airspace, nor shall it violate any TFR as outlined by the FAA.
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. 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.
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. 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.
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. Spotter (Observer) and Pilot will at all times be able to communicate by voice or radio.
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. Written and/or oral permission from the relevant property holders will be obtained.
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. 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.
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. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
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. 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.
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. 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.
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. 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-o ff s and three landings in the preceding 90 days.
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. 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.

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. The PIC and SO shall always be within visual line of sight (VLOS) of each other and in direct verbal communication at all times.
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. Safety Briefings shall be conducted before each day's activities to include, but not limited to:

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. Designated roles of PIC and SO
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. Risk Management and Mitigation
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. 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 SpeedMax 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 takeo ff 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 a ff ected 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 toThis 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 o ffi cial 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 withenvironment 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