Brad Eaton 2353 NE 12th Ave Hillsboro, OR, 97124 503-819-0702 Oct 8, 2015 Docket Operations, M-30 U.S . Department ofTransportation 1200 NewJersey Ave, SE Room W12-140, West Ground Floor Washington, DC 20590-0001 SUBJECT: Petition for Section 333 Exemption ofthe FAA Modernization and Reform Act of2012 I, Brad Eaton, of2353 N E12th Ave, Hillsboro, Oregon, 97124, hereby petition the FAA for an exemption from various sections of49 USC of Federal Aviation Regulations. I am a commercial Multi Engine Land pilot (3055071) and I will be the Pilot in Charge ofall aerial photography, following approval ofthis request. Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012, Public Law 112-95, I request certain exemptions in orderto conduct aerial photography and videography (henceforth meaning still and/or video) of real properties (real estate) operating a Horizon Hobby Blade 350 Qx3 AP unmanned aerial system.

**Si~cerely** /



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# rad Eaton



# ~ 2353 NE 12th Ave Hillsboro, OR, 97124

--- - - - - -Overview: I, Brad Eaton, of2353 NE 12th Ave, Hillsboro, Or, 97124 hereby petition the FAA for an exemption from various sections of49 USC of Federal Aviation Regulations. I am a Commercial Multi Engine Land Pilot (3055071) and I will be the Pilot in Charge ofall aerial photography and videography,following approval ofthis request. Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012, Public Law 112-95, I request certain exemptions in orderto conduct commercial aerial photography and videography (henceforth meaning still and/orvideo) of real properties (real estate) operating a Horizon Hobby Blade 350 QX3 AP quadcopter.
The Blade 350 consists offour engines and four rotors powered by a 3000mAh Li-Po battery. It is managed by the PIC using a DX4 control unit.
The DX4 control Unit operates in the 2.4GHz and 5.8GHz frequency range which are authorized by the FCC for limited range communication use. The controls neutralize when not in use allowingthe UA to remain in place. The UA has aGPS backup and will return to point oforigin in case of loss of control with the DX4 unit.
The Blade 350 has a maximum takeoffweight of6 pounds. The Blade 350 has atop speed of35 miles per hour but for my purposes the top speed will not exceed 20 mph.As a licensed pilot and professional photographer, I am extremely sensitive and aware ofthe importance ofsafety and privacy. I believe safety is the first and overriding priority in regards to operating a UAV in the National Airspace. Additionally, I would not operate a UAV in a manner as to invade the privacy ofanyone unaware ofourflight intentions. I, Brad Eaton, will only use the UAV in daytime and only to enhance real estate marketingfor realtors in Connecticut showing views ofproperties currently unattainable by still or aviation photography. I will operate the UAVs in a safe manner, using the following pre-flight checklist and operating procedures to determine that the aircraft is physically and electronically ready for safe flight and that permission from the property owner/representative business owner is received. Pre-flight Checklist

• If required, notifythe appropriate FAA facility ofour launch schedule and location. • Survey the property for hazards- 

### trees, utility poles and other elements that might compromise the flight, then make ajudgment as to whether to proceed. • Check the weather for wind speed, cloud cover, and any forecast changes that might adversely affect flight safety and performance. • Examine the aircraft -looking at connections and searching for cracks and/or loose parts. • Determine thatthe electronic elements are performing correctly (receiving more than six GPS signals along with calibration ofthe magnetic compass. • Determine thatthe barometric altimeter reflects approximately 0 feet AGL. • Followingtakeoff, I will hover at an altitude ofapproximately 10 feet AGL to assure the Home Point is marked. • I will exercise all controls to confirm their functionality- ifone ofthe controls is notfunctioning, the flight will be terminated immediately. • I wi,ll fly only with aVisual Observer (VO) at my side who will provide asecond set of eyes to assist in observing possible flight hazards and help assure the UAV remains in Visual Line ofSight (VLOS) of PIC. • I will notfly over or near dense automobile traffic or crowds. • I will give right-of-way to any manned aircraft. • I will stay clear of FAA controlled airspace at airports (generally afive nautical mile radius) as well as restricted and prohibited zones. • I will fly no higher than 400' AGL and no further than 1 000' from the Home Point, recognizing that the primary responsibility is to keep the aircraft safely within VLOS. • I will stay clear ofclouds and fog (500' vertically and 2,000' horizontally). • I will perform a post-flight check ofthe UAV to determine its physical and electronic condition.

- - - -- -- --- - - ------Operating Procedures: • After receiving permission from the property owner/representative/business owner, I will notify all adjacent property owners/business owners ofour intentions and anticipated time on site. • Iwill notfly over neighboring properties unless permission is granted. • I will keep individuals not involved in the flight at asafe distance (500' feet if practical). • I will post asign stating: "Take Notice: Aerial Photography Under Way- Stay Clear". Altitude, distance from the PIC, airspeed, and battery state-of-charge are data constantly viewable on the OnScreen-Display (OSD), which is equivalentto an aircraft's control panel. I maintain thatthe above checklist and procedures will minimize risks to property and persons on the ground as well as other aircraft in the National Airspace. As this writing, I have practiced extensively with the Blade 350, accumulating approximately 50-75 combined hours offlight time. I continue totrain on this UAV. I have exercised all functions in both UAVs and fly only when weather conditions permit. I have a Commercial Pilots license #3055071. Iam fully aware and have extensive knowledge of VFR flight rules. The aircraft is registered as N594GE and I will markthe aircraft with necessary "N" numberthe FAA requires. Exemption Requests: 14CFR Part 21 Airworthiness Certification Subpart H "Prescribes the procedural requirements for issuing and changing design approval, production approval, airworthiness certificates and airworthiness approval." (Summation from Exemption No. 11138, page 11) Response: "The Secretary ofTransportation has determined thatthis aircraft meets the conditions ofSection 333. Therefore, the FAA finds thatthe requested relieffrom 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary." (Summation from Exemption No. 11138, page 11) Part 61 (a}(b) Parts, General Operating and Flight Rules (a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations associated with various ratings. (b) Aeronautical experience means pilottime, flight simulator orflight training device for meeting the appropriate training and flighttime requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flighttraining has yet to be achieved by the UAV industry. While I have regularly used aflight simulator on my computer, those skills are generally nottransferable to UAV operation. My sources oftraining are: the Flight Instruction Manuals from Horizon Hobby; online videos from the manufacturer as well as videos from users; and most importantly, personal training in asecure location- an open area notsubject to traffic and/or uninvolved individuals. Those training flights, which have averaged 10-15 minutes each, deal with setup, physical and electronic safety checks; lift offfollowed by hovering at approximately10feetto confirm thatthe GPS system is functioning properly and has registered its Home Point; a prescribed flight plan to familiarize and then master the fight controls and camera; returning to the launch point and landing. I then conduct a post-flight inspection for any problems, log the location and flighttime and then view the video.There are no FAA certified instructors or FAA certified study guides available at this time as the technology continues to develop. I respectfully request an exemption from this rule. §91.1 03 (b }(2)(b){2) This section deals the pilot's preparations forflight, in particular runway lengths, takeoffand landing distance information. Response: Since quadcopters, like a helicopter, take offand land vertically, 1 pilotwould not need to know this information since there are no runways involved and the return from flight is the takeoff point. The FAA has determinedthat "relief is not necessary." (Summation from Exemption No. 11138, page 20)
§ 91.105 Summary: This section deals with flight crewmembers at stations. Response: Since there are no passengers, pilots or crewmembers, I respectfully request relieffrom this regulation. § 91.109 Summary: This sections deals with flight instruction, simulated instrumentflight and certain flight tests. Response: None ofthese functions are applicable to aquad-copterflight and, as stated earlier, there are no FAA certified instructors or FAA certified study guides available at this time for small UAV operation. I respectfully request an exemption from this rule. § 91.119 (a) (b) (c) Summary: This section deals with minimum safe altitude statingthat ifthe powerfails anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur without hazard to persons or property {91.119 a). It also sets minimum altitudes over congested areas and uncongested areas as well as has a paragraph on helicopters {91.119 b). It also sets minimum distance {500 feet) from any person, vessel, vehicle, or structure {91.119 c) .Response: None ofthe altitude requirements in this regulation should apply to a UAV since these aircraft are required to fly below those altitudes.Their weight, speed and GPS-controlled Return to Home feature mitigates against acatastrophic accident.A manned aircraft is much heavier and larger than a Blade 350. Ifa Blade 350 were to malfunction orexperience a hard landing, itcarries no humans, no explosive fuel and since itflies primarily over asingle piece ofprivate property, any damage would likely be minimal and confined tothat area. As to keeping 500' from any person, vessel, vehicle or structure,the purpose of real estate quad-copter photography is to fly close tothe subject structures with the permission ofthe owner/representative. I maintain that my 50-75 hours flyingthe Blade 350 have provided me with sufficient skills to manage safely any approach under 500 feet. In addition, access tothe property is strictly controlled (Warning sign and the clearing ofany person on the property not involved in the flight). I respectfully request an exemption from this rule. § 91.121 Summary:This section details altimeter settings required to maintain the "cruising altitude orflight level ofthat aircraft." It requires thatthe "elevation ofthe departure airport" be set in the altimeter orthe "current reported altimeter setting ofastation alongthe route and within 100 mi les ofthe aircraft". Response: A UAV cannot comply fully with this section's altitude requirements. The Blade 350 is equipped with a barometric altimeter which automatically calculates the takeoffaltitude 

### (O AGL) when the aircraft is warmed up - the launch point becomes the "elevation ofthe departure" point. The altitude ofthe UAV is visible in the control monitor (a smart phone or OSD) by the PIC before launch and is consistently updated as the flight progresses. I respectfully request an exemption from this rule. § 91.151 Summary:This section deals with fuel requirements for VFR flights stating, among otherthings, that "no person may begin aflight in an airplane underVFR condition unless ...there is enough fuel to flytothe first point ofthe intended landing and," .. .fly afterthatfor at least 40 minutes (day) and 45 minutes (night)". Response: This regulation deals with 'reserve' fuel. This could include any condition that increases flighttime orfuel consumption. Weather would be one factor including wind,turbulence and the necessity to divertaround threateningthunderstorms.Compliance with this regulation is not possible because the 'fuel" on board the Blade 350 is not aviation gas but a DC battery with a maximum flight duration of 17/18 minutes respectfully. Fuel management ofan UAV requires constant monitoringofthe battery's state-of-charge and bringing it home before it reaches the manufacturers recommended 30% level. In ourtrainingflights, we've found that aflight of 17

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### safe, returning the UAV to its Home Point around the 40% level. I respectfully request an exemption from this rule.
§ 91.405 Summary: This section deals with aircraft maintenance including regular inspection, the keeping of appropriate maintenance records and replacement of inoperable instruments Response: Maintenance on the Blade 350 is straight forward. If, in landing, a rotor blade ortwo are damaged, they are immediately replaced. The traditional instrument cluster in an aircraft is replaced by a data stream from the Blade 350, visible in the control monitor (smart phone or OSD). Replacement of minor parts are performed by the PIC and a major 'overhaul' that can't be easily resolved will go back tothe manufacturer for repair. Currently, there are no required inspections by 'authorized' maintenance personnel and there would be no space/room on board to install a placard of inoperability. I respectfully request an exemption from this rule.
§ 91.407 Summary/Response: This section addresses requirements after maintenance has been performed. Again, approval ofthe maintenance before flight is essentially in the hands ofthe PIC. Whatever maintenance is performed will be entered in the aircraft log, unless aseparate maintenance log is required. Paragraph (b) refers to the prohibition ofa pilot carrying passengers or crewmembers, if the flight characteristics have been substantially affected, before a rated pilot performs an operational check ofthe maintenance. Again, this is a PIC's responsibilityto preflightthe Blade 350 and determine its flyability. And, as mentioned earlier, there is no pilot, crewmembers, or passengers on board the Blade 350. I respectfully request an exemption from this rule.

§ 91.409 Inspections: This section deals with the necessity ofannual and 1 00-hour inspections or "progressive inspections" and approval by authorized persons which will lead to the "issuance ofan airworthiness certificate." Response: As stated earlier, there is no FAA approved inspection protocols nor authorized inspection personnel. The PIC handles those issues each time the Blade 350 is prepared forflight. The pre-flight check list enumerated earlier will be followed to determine its mechanical and electronic integrity. I respectfully request an exemption from this rule.§ 91 .417 Maintenance Records: This section requires a maintenance record be kept on repair, replacement and condition ofvital parts (rotors, engines 

### & airframe). Certain records must be retained for one year while other record must be kept with the aircraft even when sold to another part. Response: The details ofthis section would be impractical with a Blade 350, but repair issues can be entered intothe aircraft log. I respectfully request an exemption from this rule. The above requests for exemptions follow the guidance published by the FAA. Safety: The Blade 350 is a UAV with multiple safety features to assure asafe and efficientflight, minimizing personal injury and property damage and integrating with minimal risk intothe NAS. They include: • A GPS flight system that allows for stable remote control ofthe aircraft. • The abilityto hover in place by simply taking hands offthe controls. • A Return to Home function ifelectronic contact between the Remote Control and the aircraft is lost. Ifthe aircraft begins to show unstable flight, I will land it immediately. • The abilityto limit height (<400') and distance (<1000') from the PIC through the control software. • Use ofthe 'radar' mode which instantly allows the PIC to pinpointthe UAV. • The No Fly Zone control software will preventtakeoffs within afive-mile radius ofa major airport as well as provide warning in the eventthat the aircraft inadvertently approaches the zone while in flight. This warning will provide sufficient powerto bringthe UAV home. • The weight, size, speed and limitedflight which focuses on inanimate objects (homes_ reduces the likelihood ofsignificant personal or property damage. Flight ofthe UAV risks no on board lives, as in helicopter or plane photography. The safety features associated with the Blade 350 as well as my pre-flight checklist and procedures will assure that public safety is notadversely affected. Airports and Prohibited Area : My proposed area most likely will include western Oregon airports: HIO, MMV, and UAO. As an active pilot, I had avery good relationship with staffat HIO as it was my home field. I have no reason to think I would not be able to establish avery good relationship with all ATC personnel. I will comply with all FAA regulations regarding operations in and around restricted NO-FLY zones. Community Benefit: First and foremost is the level ofsafety offered by the use ofasmall UAV in comparison to a manned fixed wingor rotorcraft. Both weighing less than seven pounds with camera and battery, the Blade 350 is incapable ofcausingthe level ofdamage or injury caused by afull-size, manned

**~** -----aircraft. Additionally, the ecologic and noise impact is negligible as compared totraditional manned aircraft. Lastly, as real estate is a large part ofour community, the use ofasmall UAV aerial filming platform is acost-effective and visually impactful means to promote our available properties, therefore becoming an economic driver in the community. Attachments: • Copy of Pilot License • Blade 350 QX3 User Manual • Blade 350 QX3 Battery Safety Guidelines

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