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– Flying Solutions Exemption Request April 28, 2015 April 28, 2015
David Flores Flying Solutions 17 Assisi Way Missouri City, TX 7745 9 ( 281 ) 844

-0722 david @ flyingsolutions

. net
**Petition of Flying Solutions**  **For Exemp** **tion Pursuant to Section 333 Of**  **the FAA Moder nization and Reform Act of 2012**  To Whom It May Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Flying Solutions, hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned aerial system ( i.e. , sUAS). This exemption is in accordance with protocols outlined in this petition for exemption, and any other requirements established by the FAA pursuant to Section 333 of the Reform Act. This exemption would permit commercial operation by Flying Solutions, which uses DJI Phantoms, Inspire 1, and 3DR Solos to conduct s UAS flight training, education, real estate photography, videography, film and movi e production, demonstration flights and inspections

. Flying Solutions’ operation under the exemption will be subject to strict operating requirements and conditions to ensure a n equivale nt level of safety to currently authorized operations using manned aircraft and under c onditions as may be modified by the FAA as required by Section 333. Flying Solutions will be operated under controlled VFR conditions a t low altitude in airsp ace that is permitted in accordance with Flying Solutions’ approved Cert ificate of Authorization (COA). They will operate the sUAS’s with pilots who have comprehensive UAV / UAS / Drone flight training for competency and new FAA 333 and Part 107 commercial compliance requirements . Finally, the FAA ATC will approve the airspace in which the sUAS will operate in advance.2 | Page

– Flying Solutions Exemption Request April 28, 2015 Flying Solutions respectfully submits this request for an exemp tion because it operates sUAS's

. The FAA can have confidence that the opera tions will b e conducted at an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secreta ry of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “estab lish requirements for the safe operation of such aircraft s ystems in the national airspace system.” For your convenience, Flying Solutions has organized this Exemption request as follows: I. Petitioner's Description II. Relevant Statutory Authority III. Qualifications for Approval Under Section 333 of the Reform Act IV. Description of Proposed Operations V. Regulations From Which Exemption is Requested VI. Public Interest VII. Privacy VIII. Federal Registry Summary IX. Conclusion
**I. Petitioner's Description:**  Flying Solutions, headquartered in Missouri City, Texas, is a company that provides sUAS support to news services, real estate photography, film and movie production, education, demonstration flights and inspections in a compliant and safe environment. Flying Solutions pl an on providing a wide range of services as the sUAS market expands. Flying Solutions' goal is to operate in an accident

-free environment by:
• Demonstrating a commitment by management and all employee’s to operator in a compliant manner.
• Identify hazard an d risk while eliminating or controlling all these risk.
• They will use steps to intervene and report when unsafe work practices appear to exist.
• Train all employees involved in flight operations to operate at the highest standard level. The contact informa tion for Petitioner is as follows: Flying Solutions 17 Assisi Way Missouri City, TX 77459 Member Managers: David Flores3 | Page

– Flying Solutions Exemption Request April 28, 2015 Office: ( 281 ) 844

-0722 Email: david@flyingsolutions.net
**II. Relevant Statutory**  **Authority:** This petition for exemption is submitted to fulfill Co ngress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft sys tems into the national airspace system." Pursuant to Section 333 of the Reform A ct, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before completion of the form al UAS rulemaking, based on the fol lowing considerations:
• 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 the visual line of sight of the operator. If the Secretary determines that such vehicles "may operate safely in the National Airspace System, the Secretary shall establish require ments for the safe operation of such aircraft in the National Airspace System". Additionally, the FAA Administrator has general authori ty to grant exemptions from i ts safety regulations and minimum standards when the Ad ministrator decides a requested exemption is in the public interest. A party requestin g an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would n ot adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, b y its terms, includes exempting civ il aircraft, as the term is defined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: **The Administrator may grant an exemption from a requirement**

**of a regulation prescribed unde r subsection (a) or (b) of this**  **section or any of sections.**
**III. Qualifications for Approval Under Section 333 of the Reform Act**  The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statut ory criteria and other relevant factors are satisfied. The proposed operations would permit Flying Solutions the us e of small UAS u nder controlled conditions in airspace that is: (1) predetermined; (2) co ntrolled as to access; and that (3)4 | Page

– Flying Solutions Exemption Request April 28, 2015 provides an increased level of safety beyond that ex isting when fixed or rotor wing aircraft are used to accomplish the same purpose. Flying Solutions uses UASs that are multirotor, weighing less th an 25 pounds including payload. They operate, under normal conditions, at speeds no t to exceed 45 mph and have the capability to hover, and move in the vertical and horizontal plane. Flying Solutions’ UASs will operate in line of sight, during daylight hours, and wil l only operate within a sterile area. Flying Solutions will operate at or below 400 feet AGL and will file a NOTAM for each flight opera ted in controlled airspace. All required permissions and permits would be obtained fro m territorial, state, county or city jurisdictions, including local law enforcem ent, fire, or other appropriate governmental agencies prior to operating a sUAS. Given the small size of the sUAS’s involved and the restrict ed sterile environment within which they will operate, this Flying Solutions’ exemption falls within the zone of safety and demonstrate an equivalent level of safety, in wh ich Congress desired the FAA to permit commercial UAS operations by exemption pe ndin g completion of formal rulemaking. Also, due to the size of the sUAS’s and the confined area in which the sUAS’s will operate, approval of the application presents no hazard in the NAS. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significa nt public benefit, the grant of the requested exemptions is also in the public interest.
**IV. Description of**  **Proposed Operations** To assist the FAA in its safety assessment of Flying Solutions ' proposed sUAS operations, below is a summary of operational limitations and conditions that will ensure an equivalent or highe r level of safety to operations conducted unde r current regulatory guidelines: 1. The sUAS will weigh less than 25 pounds. 2. Flights will be operated within line of sight of the PIC and observer. 3. Maximum total flight time for each ope rational flight will be limited to the amount of time the sUAS ca n be flown and still maintain a reserve battery power of no less than 25%. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Flights will be operated at a lateral dist ance of least 100 feet from any inhabited structures, buildings, vehicles, ve ssels, people not associated with the operation or who have not si gned a waiver in advance of the operation. 6. Minimum crew for each ope ration will consist of the sUAS Pilot in Command an d a Visual Observer. Additional crewmembers consist of a Pilot and a Ca mera Operator.5 | Page

– Flying Solutions Exemption Request April 28, 2015 7. The sUAS Pilot in Command will have undergone comprehensive UAV / UAS / Drone flight training for competency and new FAA 333 and Part 107 commercial compliance requirements

. 8. Flying Solutions will designate a Pilot in Command ("PIC") for each mission. 9. The sUAS will operate only with in a confined "Sterile Area". 10. Prior to the operations at a particular l ocation, a site inspection will have been conducted. On the da y of the mission the management person with operational con trol and the PIC will c oncur on dispatching of the mission. 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It will be mandatory that all personne l who will be performing duties within the boundaries of the sterile area be present for this briefing. 12. Flying Solutions crew will use the checkli st and callouts required in the Operations Manual. 13. All sUAS’s will be maintained in acc ordance with inspection program specified in the manufacturer’s guidelines. 14. In the event of an accid ent involving an Flying Solutions sUAS, they will cease operations and report the accident to the NTSB and AFS

-80. 15. Pilot in Command and Visua l Observer will at all times be able to communicate by voice. 16. Pilot in Command, Pilot, Camera Operator, Visual Obse rver, and Operational Personnel will have been trained and tested in accor dance to FAA, NTSB, and AFS

-80 best practices

. 17. All required permissions and permits would be obtained from territorial, state, county or city jur isdictions, including local law enforcement, fire or other appropriate governmental agencies. 18. Flying Solutions management will submit a written “Plan of Activities” to the local Flight Standards District Office (FSDO) having jurisdiction over the area of propos ed filming three days in ad vanced of operations during film or movie productions. 19. If the sUAS loses communications signal, the sUAS will have the capability to return to a pre -determined l ocation within the Sterile Area and land. 20. Contingency plans will be in place to s afely terminat e flight if there is a loss of communication between the pilot and the observer. 21. The sUAS has the capabili ty to abort a flight in case of unpredicted obstacles or emergencies. 22. Flying Solutions, by following FAA, NTSB, and AFS

-80 best practices, will assure no individuals’ privacy is violated. 23. Procedures have been established in Flying Solutions’ Operations Manual to contact ATC prior to operating in airspace other than G.
**V. Regulations From Which Exemption is Requested** 

**A. 14 CFR § 91.103: Preflight Action** 6 | Page

– Flying Solutions Exemption Request April 28, 2015 **B. 14**  **CFR § 91.113: Right**
**- of** 
**- Way Rules**  **C. 14 CFR § 91.119 (c): Minimum Safe Altitudes**  **D. 14 CFR § 91.121: Altimeter Settings**  **E. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR**  **Conditions F.**  **14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenan**  **ce Inspections**
**A. 14 CFR § 91.103: Preflight Action**  Flying Solutions requests an exemption from the prefl ight actions requirements of 14 CFR 91.113 that prescribes the preflight actions un der which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight.

a. Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives availab le if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; b. For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: i. For civil aircraft for which an appro ve d Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and ii. For civil aircraft other than those specif ied in paragraph (b)(1) of this section, other reliabl e information appropria te to the aircraft, relating to aircraft performance under expected values of airport elevation an d runway slope, aircraft gross weight, and wind and temperature. Flying Solutions will not operate sUAS’s under IFR conditions or when the ceilings are below 1000 feet and the visibility is below 3 statute miles. DJI ’s sUAS’s do not have published approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data. **Equivalent Level of Safety** In adherence to FAA, NTSB, and AFS

-80 best practices, the PIC along with the person having operational control must follow to assure that the weath er will be adequate to complete the mission in VFR condition. Since Flying Solutions operates in Texas where the density altitude is never usually above 20 00 feet, UAS performance is not affected. When Flying Solutions is allowed to operate in other parts of the United States the UAS used in those locations will be7 | Page

– Flying Solutions Exemption Request April 28, 2015 test flown at gross weight to test performance limitations prior to conducting commercial operations.
**B. 14 CFR 91.113: Right** 
**- of** 
**- Way Rules**  Flying Solutions request an exemption from 14 CFR 91.11 3 Right

-of

-way rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

-of

-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear. Flying Solutions operates small pilotless UAS’s and cannot comply with these rules as they have been written. **Equivalent Level of Safety** Flying Solutions operates sUAS’s at or below an altitude of 400 feet AGL, well below the normal operating altitude of other aircraft. Flying Solutions management require that a Pilot in Command with experience will oversee each mission and has knowledge of the avoid rules. A Visual Observer will assist the PIC in looking for a ircraft entering the operations area. It’s the responsibility of the PIC to cease operatio ns and land the UAS immediately whenever and ai rcraft comes into the vicinity creating a potential threat. Operations cannot recommence until the threat is clear.

**C. 14 CFR. § 91.119: Minimum Safe Altitudes**  Flying Solutions requests an exemption from the minimum s afe altitude requirements of 14 CFR 91.1 19 that prescribes the minimum safe alt itudes under which aircraft may operate:
• Over any congested area of a city, town, or s ettlement, or over any open air assembly of persons, an altitude of 1,000 feet ab ove the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
• Over other than congested areas at an altitude of 500 feet above the surface , except over open water or sparsely populated area s. In those cases, the aircraft may not be operated closer than 500 feet to any person, ves sel, vehicle, or structure. Section 91.119 (d) allows for a helicopter to ope rate at less than those minimum altitudes when it can be operated "without hazar d to persons or property on the surface," provided that "each person operating the heli copter comp lies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provide the intended operations, the sUAS is n ormally operated below 400 feet AGL. Additionally, due to the nature of the pro posed operations, the sUAS will maintain a lateral8 | Page

– Flying Solutions Exemption Request April 28, 2015 distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation. **Equivalent Level of Safety** Compared to flight normal aircraft, Flying Solutions’ multi

- rotor aircraft weigh a maximum of 25 pounds, and given the lack of flammable fuel, a ny risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As s et forth in the FAA, NTSB, and AFS

-80 best practices, the sUAS will be operated in a sterile area, where buildings and people will not be exposed to operations without their pre

o btained consent. Because of the advance notice to the property owners and participants, all affe cted individuals will be well aware of the planned flight operations prior to commencement of operations. Furthermore, by operating at such lower altitudes, t he sUAS w ill not interfere with aircraft that are subject to the minimum safe altitude regulatio ns. Finally, the successful safety record of the DJI sUAS’s demonstra tes that the sUAS can be safely used at these lower altitudes and closer operating environments.
**D. 14**  **C.F.R. § 91.121: Altimeter Settings** Flying Solutions seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by re ference to an altimeter that is set to the elevation of the depart ure airport or barom etric pressure. An exemption is required because the sUAS does not have a baromet ric altimeter, but rather a GPS altitude read out.

**Equivalent Level of Safety** An equivalent level of safety will be achieved by follow ing the procedures set forth in the FAA, NTSB, and AFS

-80 best practices

. Flying Solutions will confirm the altit ude of the launch site shown on the GPS altitude indicator before flight. Moreover, th e PIC will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.
**E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions**  Flying Solutions requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

a. No person may begin a flight in a n airplane under VFR conditions unless (considering wind and foreca st weather conditions) there is enough fuel to fly to the first point of intended landing, and assuming normal cruising speed

– i. During the d ay, to fly after that for at least 25 minutes; or9 | Page

– Flying Solutions Exemption Request April 28, 2015 ii. At night, to fly after that for at least 45 minutes. The batteries powering Flying Solutions’ UAS’s provide approximately 10

- 25 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C FR 91.151, sUAS flights could not be conducted. Given the limitation s on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve am ount of battery life is needed. Flying So lutions will not be conducting any sUAS flights at night. **Equivalent Level of Safety** An equivalent level of safety will be achieved because t he operations will be conducted on -site without significant transit time by the sUAS. All flights will be planned to terminate with no less than 25% reserve battery power st ill available. This restriction would be more than adequate to return the sUAS safely to its planned landing zone from anywhere in its confined area of operation eve n in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was inten ded to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the land ing zone. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed.
**F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b):**  **Maintenance In**  **spections** Flying Solutions also seeks an exemption from the maintenance in spection requirements contained in 14 CFR 91.405(a), 91.407(a ) ( 1), 91.409(a ) ( 2), 91.41 7(a) and (b). These regulations specify maintenance and inspection standards in refe rence to 1 4 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an ai rcraft "shall have the aircraft inspected as prescribed in subpart E of this part and sha ll between required inspections ...have discrepancies repaired as prescribed in part 43 of t his chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have. **Equivalent Level of Safety** An equivalent level of safety will be achieved beca use maintenance and inspections will be performed in accordance with FAA, NTSB, and AFS

-80 best practices. The operator will ensure that the sUAS is in working order prior to initiating flight, pe rform required maintenance, and keep a log of any maintenance performed. The opera tor is the person most familiar with the aircraft and best suited to maintain the aircra ft in an airworthy condition to provide the equivalent level of safety.10 | Page

– Flying Solutions Exemption Request April 28, 2015 If mechanical issues arise, the sUAS's size and carrying cap acity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional roto rcraft performing the same operation.
**VI. PUBLIC INTEREST**  Grant ing Flying Solutions an exemption furthers the public interest. National policy set by Congress favors early integration of UA S into the national airspace in controlled, safe working environments such as those propose in this petition. The one vision of Fl ying Solutions is to help facilitate safe integratio n of sUAS’s into mainstream USA in the following areas:
• **Movies and Videography** o Whether the shot requires unique views and expansive panning or ex treme altitude with radical views, the UAS is desi gned to h old up under demanding conditions. Because of the autopilot fe ature with pre

-designed mission management and R/C control interrupt, the pilot and camera operator can easily create the ultimate shot with HD video or HD s till photos. When working close in on a closed set the hazards to the actors are gre atly reduced due to the size of the sUAS.
• **News Gathering** o Similar to movies and videography, eac h news assignment may require a completely different shot or view of a scen e. With budgets for traditional helicopter use being greatly reduced, the UAS is th e perfect solution to allow for easy news gathering for a fraction of the cost. The sUAS can and will be operated in a sterile area away from the public, w hile the traditional helicopter must hover over persons a nd property increasing the danger to individuals.
• **Real Estate** o The sUAS can be used in all areas of rea l estate, including commercial, residential and industrial properties. Using a sUAS , real estate professionals can create promotional videos, photos and u nique s hots that normal camera aspects cannot capture. Flying Solutions’ easy

-to
- use video and ph oto platform enables properties to stand out, providing dazzling views that ar e typically shown via expensive computer animation or costly helicopter rentals. Imagine shooting a view from a high

- rise condo in stunning high definition tha t shows your potential customer the actual view from the residence. The r emote platform is great for new planning, zoning and large developments. S imple and easy

-to
- use video and photos allow for multiple height pictures and elevation views.
**VII. Privacy**  Flying Solutions is deeply committed to protect ing public privacy. Flying Solutions knows that many individual have concerns about privacy from the operations of sUAS’s. Flying Solutions11 | Page

– Flying Solutions Exemption Request April 28, 2015 has created a privacy notice that informs residents, commercial property owners, churches, schools, and governmental organizations of our intent to conduct commercial drone operations in proximity to their property.
**VIII. Federal Registry Summary**  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: Flying Solutions seeks an exemption from the following rules: 14 CFR § 91.103; 14 CFR § 91.113; 14 C FR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR § 91.405(a), 91.407(a ) ( 1), 91.409(a ) ( 2); 91.417(a) and (b). Approval of this exemption request allows Flying Solutions to conduct commercial operations with small and lightweight unmanned aerial systems. Flying Solutions’ singular vision is to enhance safety of sUAS operations in the NAS while reducing risk to the general public and property owners. The DJI sUAS, weighin g less than 25 pounds and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on b o ard. The sUAS is transported to the designated mission area and set up there. The sUAS will carry no pass engers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of this small UAS will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempti ng the applicant from the requirements of several regulations and allowing commercial operations. These lightweight sUAS’s operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial s urvey and inspection operations conducted with fixed wing aircraft or helicopters. If additional information is required, or if you have any questions regarding this Petition for Exemption, please contact the undersigned at: With Best Regards, David Flo res, Director Flying Solutions Office: ( 281 ) 844

-0722 Email: david@flyingsolutions.net12 | Page

– Flying Solutions Exemption Request April 28, 2015 **IX. Conclusion**  For the foregoing reasons, it is requested that the regulatory exemptions requested herein be respectfully granted , and the Petitioner be permitted to conduct small UAS operations aforementioned purposes

.