Brad Eaton 

2353 NE 12th Ave 

Hillsboro, OR, 97124 

503-819-0702 

Oct 8, 2015 

Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Ave, SE 

Room W12-140, West Ground Floor 

Washington, DC 20590-0001 

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act of 2012 

I, Brad Eaton, of 2353 N E 12th Ave, Hillsboro, Oregon, 97124, hereby petition the FAA for an 

exemption from various sections of 49 USC of Federal Aviation Regulations. 

I am a commercial Multi Engine Land pilot (3055071) and I will be the Pilot in Charge of all aerial 

photography, following approval of this request. Pursuant to Section 333 ofthe FAA Modernization 

and Reform Act of 2012, Public Law 112-95, I request certain exemptions in order to 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 / 

.·· _,.>··· ··· · ·/ , ' 

rad Eaton ~ 

2353 NE 12th Ave 

Hillsboro, OR, 97124 

--- - - - - -
Overview: 

I, Brad Eaton, of 2353 NE 12th Ave, Hillsboro, Or, 97124 hereby petition the FAA for an exemption 

from various sections of 49 USC of Federal Aviation Regulations. 

I am a Commercial Multi Engine Land Pilot (3055071) and I will be the Pilot in Charge of all aerial 

photography and videography, following approval of this request. 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012, Public Law 112-95, I 

request certain exemptions in order to conduct commercial aerial photography and videography 

(henceforth meaning still and/or video) of real properties (real estate) operating a Horizon Hobby 

Blade 350 QX3 AP quadcopter. 

The Blade 350 consists of four 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 allowing the 

UA to remain in place. The UA has a GPS backup and will return to point of origin in case of loss of 

control with the DX4 unit. 

The Blade 350 has a maximum takeoff weight of 6 pounds. The Blade 350 has a top speed of 35 

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 of safety 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 of anyone unaware of our flight intentions. 

I, Brad Eaton, will only use the UAV in daytime and only to enhance real estate marketing for 

realtors in Connecticut showing views of properties 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, notify the appropriate FAA facility of our launch schedule and location. 

• Survey the property for hazards- trees, utility poles and other elements that might compromise 

the flight, then make a judgment 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 that the electronic elements are performing correctly (receiving more than six GPS 

signals along with calibration of the magnetic compass. 

• Determine that the barometric altimeter reflects approximately 0 feet AGL. 

• Following takeoff, I will hover at an altitude of approximately 10 feet AGL to assure the Home 

Point is marked. 

• I will exercise all controls to confirm their functionality- if one of the controls is not functioning, 

the flight will be terminated immediately. 

• I wi,ll fly only with a Visual Observer (VO) at my side who will provide a second set of 

eyes to assist in observing possible flight hazards and help assure the UAV remains in 

Visual Line of Sight (VLOS) of PIC. 

• I will not fly 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 a five 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 of clouds 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 of our intentions and anticipated time on site. 

• I will not fly over neighboring properties unless permission is granted. 

• I will keep individuals not involved in the flight at a safe distance (500' feet if practical). 

• I will post a sign 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 equivalent to an aircraft's control panel. I maintain that the 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 of flight time. I continue to train 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. I am fully aware and have extensive knowledge of 

VFR flight rules. The aircraft is registered as N 594GE and I will mark the aircraft with necessary 

"N" number the 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 of Transportation has determined that this aircraft meets the conditions 

of Section 333. Therefore, the FAA finds that the requested relief from 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 pilot time, flight simulator or flight training device for meeting 

the appropriate training and flight time requirements for an airman certificate. 

Response: Organized or commercially available FAA-approved flight training has yet to be achieved 

by the UAV industry. While I have regularly used a flight simulator on my computer, those skills are 

generally not transferable 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 a secure location- an open area not subject 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 off followed by hovering at approximately 
10 feet to confirm that the 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 flight time 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 for flight, in particular runway lengths, takeoff and 

landing distance information. 

Response: Since quadcopters, like a helicopter, take off and land vertically, 1 pilot would not need 

to know this information since there are no runways involved and the return from flight is the 

takeoff point. The FAA has determined that "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 crew members, I respectfully request relief from 

this regulation. 

§ 91.109 

Summary: This sections deals with flight instruction, simulated instrument flight and certain flight 

tests. 

Response: None of these functions are applicable to a quad-copter flight 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 stating that ifthe power fails 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 of the 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 a catastrophic accident. A manned aircraft is much heavier and 

larger than a Blade 350. If a Blade 350 were to malfunction or experience a hard landing, it carries 

no humans, no explosive fuel and since it flies primarily over a single piece of private property, any 

damage would likely be minimal and confined to that area. As to keeping 500' from any person, 

vessel, vehicle or structure, the purpose of real estate quad-copter photography is to fly close to the 

subject structures with the permission of the owner/representative. I maintain that my 50-75 

hours flying the Blade 350 have provided me with sufficient skills to manage safely any approach 

under 500 feet. In addition, access to the property is strictly controlled (Warning sign and the 

clearing of any 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 or flight 

level of that aircraft." It requires that the "elevation ofthe departure airport" be set in the altimeter 

or the "current reported altimeter setting of a station along the route and within 100 mi les of the 

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 takeoff altitude (O AGL) 

when the aircraft is warmed up - the launch point becomes the "elevation of the departure" point. 

The altitude of the 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 other things, 

that "no person may begin a flight in an airplane under VFR condition unless ... there is enough fuel 

to fly to the first point of the intended landing and," .. .fly after that for at least 40 minutes (day) and 

45 minutes (night)". 

Response: This regulation deals with 'reserve' fuel. This could include any condition that increases 

flight time or fuel consumption. Weather would be one factor including wind, turbulence and the 

necessity to divert around threatening thunderstorms. 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 of an UAV requires 

constant monitoring of the battery's state-of-charge and bringing it home before it reaches the 

manufacturers recommended 30% level. In our training flights, we've found that a flight of 17 

----------- -- ----------
minutes for the Blade 350 to be 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 or two 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 to the 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 of the maintenance before flight is essentially in the hands ofthe PIC. Whatever 

maintenance is performed will be entered in the aircraft log, unless a separate maintenance log is 

required. Paragraph (b) refers to the prohibition of a pilot carrying passengers or crewmembers, if 

the flight characteristics have been substantially affected, before a rated pilot performs an 

operational check of the maintenance. Again, this is a PIC's responsibility to preflight the 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 of annual and 1 00-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of an 

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 for flight. 

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 of vital 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 of this section would be impractical with a Blade 350, but repair issues can be 

entered into the 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 a safe and efficient flight, minimizing 

personal injury and property damage and integrating with minimal risk into the NAS. They include: 

• A GPS flight system that allows for stable remote control of the aircraft. 

• The ability to hover in place by simply taking hands off the controls. 

• A Return to Home function if electronic contact between the Remote Control and the aircraft is 

lost. If the aircraft begins to show unstable flight, I will land it immediately. 

• The ability to limit height (<400') and distance (<1000') from the PIC through the control 

software. 

• Use ofthe 'radar' mode which instantly allows the PIC to pinpoint the UAV. 

• The No Fly Zone control software will prevent takeoffs within a five-mile radius of a major airport 

as well as provide warning in the event that the aircraft inadvertently approaches the zone while in 

flight. This warning will provide sufficient power to bring the UAV home. 

• The weight, size, speed and limited flight which focuses on inanimate objects (homes_ reduces the 

likelihood of significant 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 not adversely 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 a very good relationship with staff at HIO as it was my home field. I have no 

reason to think I would not be able to establish a very 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 of safety offered by the use of a small UAV in comparison to a 

manned fixed wing or rotorcraft. Both weighing less than seven pounds with camera and battery, 

the Blade 350 is incapable of causing the level of damage or injury caused by a full-size, manned 

~ -----
aircraft. Additionally, the ecologic and noise impact is negligible as compared to traditional manned 

aircraft. Lastly, as real estate is a large part of our community, the use of a small UAV aerial filming 

platform is a cost-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 

- ------·---- - - -