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). 

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 Walter C. Stewart, III, which uses 

DJI Phantom 2 Vision to conduct sUAS flight training, real estate photography, 

videography, demonstration flights and inspections. Walter C. Stewart, III’s operation 

under the exemption will be subject to strict operating requirements and conditions 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 VFR 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 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. 

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) 

responsibilities 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 # 2065648
Pilot, 

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: 

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 plans 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 management 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 unsafe 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 completion 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". 

Additionally, 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 why 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 satisfied. 

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 existing 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 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 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 operation 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 location, 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-8010. 

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 available 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 paragraph (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 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 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 gross 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 that 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 sUAS’s at or below an altitude of 400 feet AGL, well 

below the normal operating altitude of other aircraft. Walter C. Stewart, III 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 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 recommence 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 an 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, 

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, any 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 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 participants, 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 altitude 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 exemption 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 because 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 Solutions 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 91.151(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 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 –

i. During the day, to fly after that for at least 25 minutes; or

ii. At night, to fly 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 not 

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 to 
terminate 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. 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 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 Part 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 

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 because 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 maintenance 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 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 rotorcraft 

performing the same operation. 

VI. PUBLIC INTEREST 

Granting Walter 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 

Flying 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 individual 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 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: 

Walter C. Stewart, III seeks 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, including exempting 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 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.