Oct. 22, 2015

Oklahoma Department of Wildlife Conservation

Information and Education Division

P.O. Box 53465

Oklahoma City, OK 73152

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

RE: Petition From Oklahoma Department of Wildlife Conservation Requesting Exemption Under Section 333 

of the FAA Modernization and Reform Act

Dear Sir/Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Oklahoma Department of Wildlife 

Conservation (ODWC), a government agency headquartered in Oklahoma City, Okla., seeks exemption from 

the requirements of 14 C.F.R. Part 11 to operate Unmanned Aircraft Systems. This exemption request will 

permit ODWC to operate Unmanned Aircraft Systems (UAS) for aerial photography, videography, 

environmental assessments, wildlife and habitat surveys, research, training, and facilities inspections within

the National Airspace System (NAS).

ODWC submits that the requested exempt under section 333 is proper since an equivalent level of safety will 

be ensured. The ODWC will use experienced personnel to fly the UAS using the methods, techniques and 

practices prescribed in the operating manual of each system. Furthermore, ODWC will ensure that it meets all 

of the requirements based on the UAS's size, weight, speed and operational capability; operation of the UAS 

at or below 400 feet above ground level; and operation of the UAS within the visual line of sight of the 

operator.

Purpose of UAS operation and why this petition is in the public interest:

ODWC intends to use UAS to acquire aerial imagery, research, training, and educational programs, all of 

which are beneficial to society. Specific purposes for which UAS will be employed include aerial imaging and 

videography for use by the ODWC’s Information and Education Division in production of television programs 

and media releases, assessments of water and air quality, wildlife population assessments, habitat mapping, 

environmental aerial surveys and facilities inspections. The use of UAS will significantly reduce safety 

concerns in areas where terrain or subject matter is inaccessible, inhospitable, hazardous or unsafe to enter, 

or may cause undue injury or loss of life.
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By incorporating UAS into the specified programs, ODWC stands to gain significant savings while maintaining 

higher safety standards. With ODWC being a public entity, savings from the UAS will directly reduce operating 

costs, which directly benefits the public.

Since any UAS in the ODWC fleet is battery-powered and serves as a safe, efficient and economical alternative 

to a manned aircraft, the public stands to benefit from reduced pollution and noise, as well as increased 

safety of life and property in the air and on the ground. Furthermore, the use of UAS by ODWC would reduce 

congestion around airports caused by arriving and departing aircraft. UAS do not require an airport to take off 

or land. Use of UAS would result in fewer aircraft that must be handled by air traffic control during takeoff, 

flight duration and landing phases of flight operations.

The name and address of the Petitioner and Point of Contact is:

Oklahoma Department of Wildlife Conservation

Attn: Information Supervisor Micah Holmes

P.O. Box 53465

Oklahoma City, OK 73152

Telephone: (405) 521-3851

Regarding the Unmanned Aircraft System:

ODWC will employ the following UAS in its fleet:

1. DJI Phantom 2 Rotorcraft

The following attachment supports ODWC’s Section 333Exemption Request:

•Exhibit 1 - DJI Phantom 2 User Manual (EN) v1.4

Regarding the Operation of the Unmanned Aircraft:

Following is a summary of operational limitations and conditions that will ensure a higher level of safety to 

people and property based on regulatory guidelines:

•UAS speed is limited to a maximum of 33.5 miles per hour.

•UAS will not be flown at an altitude that exceeds 400 feet AGL.

•UAS will always weigh less than the maximum allowed weight of 55 pounds.

•UAS will be flown in such a way that flight can be safely terminated. Two individuals will be engaged 

during each flight: one operating the UAS and the other serving as a visual observer.

•Every UAS used by ODWC will have an integrated Global Positioning System that calculates the UAS

position and altitude, and relays that information to the operator on the ground.

•Additionally, the UAS contains a failsafe mode whereby If its connection to the remote control is lost, 

the system is programmed to return the UAS to a predetermined location.

•UAS shall be operated to remain well clear of and pose no interference with manned aircraft 

operations.

•UAS will only be operated during daytime hoursrespecting visibility and cloud clearance 

requirements.

•UAS will not be used to monitor or record areas where there is a reasonable expectation of privacy.

•Any time the UAS operator sees or hears another aircraft and it appears that aircraft may come within 

a mile of the UAS, or it is questionable whether it will do so, the UAS operator will immediately reduce altitude 

and direct the UAS toward the designated landing area or an alternate landing area. Flight will only be 
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resumed after the operator has determined that the other aircraft has maintained a separation of at least a

mile.

•Prior to UAS flight, the operator and observer will preplan the flight and discuss possible 

contingencies and emergency procedures.

Summary of regulations from which ODWC seeks exemption:

• 14 CFR Part 21, Subpart H – Airworthiness Certificates

 Section 333 of the Reform Act authorizes the FAA to exempt aircraft from the requirement of an 

airworthiness certificate of the UAS involved upon consideration of the size, weight, speed, operational 

capability and proximity to airports and populated areas. The UAS that will be used by ODWC are safe when 

taking into account their size, weight, speed and operational capability, therefore an airworthiness certificate 

is not applicable.

• 14 CFR Part 27 – Airworthiness Standards: Normal Category Rotorcraft

 The UAS used by ODWC are safe when taking into account their size, weight, speed and operational 

capability, therefore an airworthiness certificate is not applicable. Additionally, no ODWC-operated UAS will 

carry pilots, passengers, explosive materials or flammable liquid fuels.

• 14 CFR 45.23(b) – Aircraft Marking and Identification Requirements

 Due to the small size of the UAS, there is not enough space to place required markings on the UAS; however, 

ODWC will be ready to place markings on any UAS it operates if required to do so.

• 14 CFR 61.113(a)(b) – Private Pilot Privileges and Limitations

 Even though UAS operated by ODWC will not carry a pilot or passengers, ODWC will still operate UAS by 

following all safety protocols including but not limited to flying at or below 400 feet above ground level, 

having at least two people (an operator and an observer), and following all requirements to ensure 

compliance with safety regulations.

 Any ODWC-operated UAS comes with built-in safety features and characteristics including navigation (GPS) 

system and autopilot features that will limit the UAS ability to operate outside predetermined flight areas and 

capabilities. Furthermore, UAS automated features and advanced fly-safe controls consistently enable safe 

and reliable operation.

• 14 CFR 91.7(a) – Civil Aircraft Airworthiness

 In accordance with 14 C.F.R. Part 21, Subpart H, UAS do not require an airworthiness certificate, however, 

ODWC will follow and apply safety standards as outlined in the UAS operating manuals and by applying safety 

and pre-flight checklists and following maintenance standards.

• 14 CFR 91.9(b)(2)(c) – Civil Aircraft Flight Manual in the Aircraft

 Any UAS in the ODWC fleet issmall in size and there is no cabin or cockpit. There is no room onboard to 

carry a flight manual. The UAS does not carry a pilot, crew or passengers. Operating Manuals and User 

Manuals will be with the UAS operator during the flight.

• 14 CFR 91.103 – Preflight Action

 To provide for an equivalent level of safety as required by 14 CFR § 91.103, the following protocols will be 

in effect: The UAS operator and visual observer will take all actions including systematic and comprehensive 

preflight checks (visual inspection of the UAS, battery charge checks, GPS functionality, and verify 

communication between the UAS Radio Control and UAS), safety plan review, weather assessment, briefing of 
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flight plan operations, flight battery power needs and requirements, aircraft performance data and 

landing/takeoff distances as applicable before proceeding with flight operations. 

• 14 CFR 91.109(a) – Flight Instruction

 UAS are remotely controlled aircraft that do not, by their nature, have fully functional dual controls. Flight 

control is accomplished through the use of a remotely operated hand-held controller that communicates with 

the aircraft via radio telemetry. Given the size and speed of the UAS that ODWC will operate, an equivalent 

level of safe training can still be performed without dual controls because no pilot or passengers are aboard 

the UAS. Other weight and material characteristics and features of the UAS are also considered factors that 

contribute to safety.

• 14 CFR 91.119 – Minimum Safe Altitudes

 This section establishes safe altitudes for operation of civil aircraft. An equivalent level of safety will be 

achieved given the size, weight and speed of the UAS. To avoid risks to manned aircraft, flight operations will 

be restricted to 400 feet above ground level or below. No flight operations will occur without permission of 

property owners or land management agencies.

 If at any time the operator sees or hears another aircraft and it appears that aircraft may come within a mile 

of the UAS, or it is questionable whether it will do so, the UAS operator will immediately decrease the altitude 

of the UAS and direct it toward the designated landing area or alternate landing area. Flight will resume after 

the operator determinesthat the other aircraft has maintained a separation of at least a mile.

• 14 CFR 91.121 – Altimeter Settings

 The ODWC UAS does not have a typical barometric altimeter onboard. However, altitude information of the 

UAS will be provided to the operator on the ground via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UAS to the operator for active monitoring of 

the flight path. This altitude information, combined with visual line of sight, at or below 400 feet above ground 

level, will ensure a level of safety equivalent to Section 91.121.

• 14 CFR 91.151(a) – Fuel Requirements for Flight in VFR Conditions

 All ODWC UAS flight operations will be terminated when 25 percent battery power reserve is reached. In the 

unlikely event that the UAS battery becomes drained, the UAS has built-in capabilities to auto-land, reducing 

risks to people and property.

• 14 CFR 91.203(a)(b) – Carrying Civil Aircraft Certification and Registration

 Due to the small size of the UAS, there is no cabin or cockpit. Therefore, the UAS has no space or onboard 

storage location in which to carry certification and registration documents. The UAS does not carry a pilot, 

passenger or flammable fuel.

• 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (a)(2); and 14 CFR

91.417(a)(b) – Maintenance Required

 ODWC will follow the maintenance and inspections as recommended by the UAS manufacturer in the

manufacturer’s manuals and manufacturer safety bulletins. UAS software will be updated as recommended 

by the manufacturer. Furthermore, ODWC will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and

practices prescribed in the operating manuals

Conclusion
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This Petition for Exemption meets all the criteria articulated in Section 333 of the Reform Act of 2012 

including weight, speed, operating capabilities, and operation within visual line of sight. Approval of this 

exemption will allow for safety, efficiency and cost savings for the Oklahoma Department of Wildlife 

Conservation and the public at large in fulfilling several missions of ODWC.

Respectfully submitted,

Micah Holmes, Information Division Supervisor

Oklahoma Department of Wildlife Conservation

P.O. Box 53465

Oklahoma City, OK 73152

Phone: (405) 522-4872

Email: micah.holmes@odwc.ok.gov