February 10, 2016

Walter C. Stewart, III 302 Deer Dr. Sunrise Beach, Texas 78643 **Petition of Walter C. Stewart,III**  **For Exemption Pursuant to Section 333 Of the FAA Modernization 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). Th is 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 Walter C. Stewart, III, which uses DJI Phantom 2 Vision to conduct sUAS flight training, real e state photography, videography, demonstration flights and inspections. Walter C. Stewart, III’s operation under the exemption will be subject to strict operating requirements and condi tions to ensure an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. Walter C. Stewart, III,s operations will be operated under controlled VF R conditions at low altitude in airspace that is permitted in accordance with Flying Solutions’ approved Certificate of Authorization (COA). They will operate the sUAS’s with pilots who have comprehensive UAV / UAS / Drone flight training for competency an d 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. Walter C. Stewart, III respectfully submits this request for an exemption because it operates sUAS's. The FAA can have confidence that the operations will be conducted at an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibil ities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” Walter C. Stewart holds a Commercial Pilot, Airplane Single & Multiengine Land, Insturment Airplane FAA License # 2065648Pilot,

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 P roposed Operations V. Regulations From Which Exemption is Requested VI. Public Interest VII. Privacy VIII. Federal Registry Summary IX. Conclusion **I. Petitioner's Description:** Walter C. Stewart, III located in Sunrise Beach, Texas is an indivdual that provides sUAS support to real estate photography, education, demonstration flights and inspections in a compliant and safe environment. Walter C. Stewart plan s on providing a wide range of services as the sUAS market expands. Walter C. Stewart,s goal is to operate in an accident

-free environment by:
1. Demonstrating a commitment by managemen t and all employee’s to operate in a compIiant manner. 2. Identify hazard and risk while eliminating or controlling all these risk. 3. They will use steps to intervene and report when unsa fe work practices appear to exist. 4. Train all employees involved in flight operations to operate at the highest standard The contact information for Petitioner is as follows: Walter C. Stewart, III
302 Deer Dr. Sunrise Beach, Texas 78643 (512) 779

- 6821 email: Dubstewart@cs.com

**II. Relevant Statutory Authority:**This petition for exemption is submitted to fulfill Congress' 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 systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before complet ion of the formal UAS rulemaking, based on the following 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 requirements for the safe operation of such aircraft in the National Airspace System". Additionall y, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons wh y the exemption: (1) would benefit the public as a whole, and (2) would not 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, by its terms, includes exempting civil 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 under 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 statutory criteria and other relevant factors are s atisfied. The proposed operations would permit Walter C. Stewart, III the use of small UAS under controlled conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased level of safety beyond that exis ting when fixed or rotor wing aircraft are used to accomplish the same purpose.Walter C. Stewart, III uses UASs that are multirotor, weighing less than 25 pounds

including payload. They operate, under normal conditions, at speeds not to exceed 30mph and have the capability to hover, and move in the vertical and horizontal plane. Walter C. Stewart,s UASs will operate in line of sight, during daylight hours, and will only operate within a sterile area. Walter C. Stewart will operate at or below 400 feet AGL and will file a NOTAM for each flight operated in controlled airspace. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies prior to operating a sUAS. Given the small size of the sUAS’s involved and the restricted sterile environment within which they will operate, this Walter C. Stewart’s exemption falls within the zone of safety and demonstrate an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending 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 p resents 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 significant 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 higher level of safety to operations conducted under 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 operational flight will be limited to the amount of time the sUAS can 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 distance of least 100 feet from any inhabited structures, buildings, vehicles, vessels, people not associated with the operation or who have not signed a waiver in advance of the operation. 6. Minimum crew for each opera tion will consist of the sUAS Pilot in Command and a Visual Observer. V. 7. Walter C. Stewart, III will designate Pilot in Commend (PIC) for each mission. 8. The sUAS will operate only ina confined “Sterile Area”.9. Prior to the operations at a particular locatio n, a site inspection will have been conducted. 10. All sUAS’s will be maintained in accordance with inspection program specified in the manufacturer,s guidelines. 11. In the event of an accident involving an Flying Solutions sUAS, they will cease operations and report the accident to the NTSB and AFS

- 80 10. 12. Pilot in Command and Visual Observer will at all times be able to communicate by voice. 13. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 14. Walter C. Stewart, III will submit a written “Plan of Activities” to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming three days in advanced of operations 15. If the sUAS loses communications signal, the sUAS will have the capability to return to a pre
- determined location within the Sterile Area and land. 16. Contingency plans will be in place to safely terminate flight if there is a loss of communication between the pilot and the observer. 17. The sUAS has the capability to abort a flight in case of unpredicted obstacles or emergencies. 18. Flying Solutions, by following FAA, NTSB, and AFS

- 80 best practices, will assure no individuals’ privacy is violated. 19. 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**  1 . 14 CFR § 91.103: Preflight Action 2. 14 CFR § 91.113: Right

- of

-Way Rules 3. 14 CFR § 91.119 (c): Minimum Safe Altitudes 4. 14 CFR § 91.121: Altimeter Settings 5. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions 6. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections **A. 14CFR§91.103:PreflightAction** Walter C. Stewart, III requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight.1. Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives a vailable if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; 2. 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 approved 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 specified in paragra ph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. Walter C. Stewart, III will n ot 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. **Equ ivalent 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 weather will be adequate to complete the mission in VFR condition. Since Walter C. Stewart, III operates in Texas where the density altitude is never usually above 2000 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 be test flown at gro ss weight to test performance limitations prior to conducting commercial operations. **B. 14CFR91.113:Right**
**- of** 
**- WayRules**  Walter C. Stewart, III request an exemption from 14 CFR 91.113 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 th at aircraft and may not pass over, under, or ahead of it unless well clear. Walter C. Stewart, III operates small pilotless UAS’s and cannot comply with these rules as they have been written. **Equivalent Level of Safety** Walter C. Stewart, III operates sU AS’s at or below an altitude of 400 feet AGL, well below the normal operating altitude of other aircraft. Walter C. Stewart, III require thata 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 aircraft entering the operations area. It’s the responsibility of the PIC to cease operations and land the UAS immediately whenever and aircraft comes into the vicinity creating a potential threat. Operations cannot re commence until the threat is clear. **C. 14 CFR. § 91.119: Minimum Safe Altitudes** Walter C. Stewart, III requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate:

 Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

 Over other than congested areas at a n altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provide the intended operations, the sUAS is normally operated below 400 feet AGL. Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral distance of at least 100 feet from inhabited structures, buildi ngs, 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, any r isk 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 set 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

- obtained consent. Because of the advance notice to the property owners and partic ipants, all affected individuals will be well aware of the planned flight operations prior to commencement of operations.Furthermore, by operating at such lower altitudes, the sUAS will not interfere with

aircraft that are subject to the minimum safe alt itude regulations. Finally, the successful safety record of the DJI sUAS’s demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments. **D. 14C.F.R.§91.121:AltimeterSettings** Walter C. Stewart, III seeks an exe mption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required becau se the sUAS does not have a barometric altimeter, but rather a GPS altitude read out. **Equivalent Level of Safety** An equivalent level of safety will be achieved by following the procedures set forth in the FAA, NTSB, and AFS

- 80 best practices. Flying Solu tions will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes. **E. 14 CFR 91.15 1(a): Fuel Requirements for Flight in VFR Conditions**  Walter C. Stewart, III 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 an airplane under VFR co nditions 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

– i. During the day, to fly after that for at least 25 minutes; or ii. At night, to f ly after that for at least 45 minutes. The batteries powering Walter C. Stewart,s UAS’s provide approximately 10

- 25 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS flights could not be conducted. Given the limitations 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 amount of battery life is needed. Walter C. Stewart will n ot be conducting any sUAS flights at night. **Equivalent Level of Safety** An equivalent level of safety will be achieved because the operations will be conducted on - site without significant transit time by the sUAS. All flights will be planned toterminate with no less than 25% reserve battery power still 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 even in the event of an unexpected occurrence. O peration of the sUAS with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing 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 Inspections**  Walter C. Stewart also seeks an exemption from the maintenance inspection requirements contained in 14 CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 CFR Pa rt 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this ch apter"). 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, perform required maintenance, and keep a log of any maintenanc e performed. 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. If mechanical issues arise, the sUAS's size and carrying capacity, and th e 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 rotorcraft performing the same operation. **VI. PUBLIC INTEREST** Granting Walt er C. Stewart, III an exemption furthers the public interest. National policy set by Congress favors early integration of UAS into the national airspace in controlled, safe working environments such as those propose in this petition. The one vision of Flyi ng Solutions is to help facilitate safe integration of sUAS’s into mainstream USA in the following areas: .• Real Estate

o The sUAS can be used in all areas of real estate, including commercial, residential and industrial properties. Using a sUAS, real estate professionals can create promotional videos, photos and unique shots that normal camera aspects cannot capture. Flying Solutions’ easy

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

- rise condo in stunning high definition that shows your potential customer the actual view from the residence. The remote platform is great for new planning, zoning and large developments. Simple and easy

-to
- use video and photos allow for multiple height pictures and elevation views. **VII. Privacy** Walter C. Stewart, III is deeply committed to protecting public privacy. Flying Solutions knows that many individ ual have concerns about privacy from the operations of sUAS’s. Flying Solutions has created a privacy notice that informs residents, commercial property owners, churches, schools, and governmental organizations of our intent to conduct commercial drone op erations 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: Walter C. Stewart, III see ks an exemption from the following rules: 14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 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 Walter C. Stewart, III to conduct commercial operations with small and lightweight unmanned aerial systems. Walter C. Stewart’s 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, weighing 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 board. The sUAS is transported to the designated mission area and set up there. The sUAS will carry no passengers 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, inc luding exempting the applicant from therequirements 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 convent ional aerial survey 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, Walter C. Stewart, III
302 Deer Dr. Sunrise Beach, Texas 78643 (512) 779

- 6821 email: dubstewart@cs.com 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.