January 26, 2016 

Texas Parks and Wildlife

Communications Division

4200 Smith School Rd.

Austin, TX 78744

(254) 493-7004

earl.nottingham@tpwd.texas.gov

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

Subject: Exemption Request to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3)(c)(d)(e)(f)(g)

(h), 61.113 (a) & (b), 91.103, 91.121, 91.203, 91.151 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 C.F.R. Part 11, the Communications Division of Texas Parks and Wildlife Department 

hereby applies for an exemption from the Code of Federal Regulations (C.F.R), Federal 

Aviation Regulations (FARs) identified, to allow commercial operation of lightweight 

Unmanned Aircraft Systems (UAS) for aerial imaging and video as a Civil Aircraft 

Operation for commercial purposes (attached AC 00-1.1 Flow Chart) by a State owned 

aircraft as defined by Sec. 40102(a)(41)(C). This exemption is made based on 

information outlined in this petition, to allow commercial operation of a DJI Phantom 2 

multi-rotor equipped with a three-axis gimbaled camera and a 3D Robotics Solo multirotor equipped with a three-axis gimbaled camera, so long as operations are conducted 

within and under the conditions outlined herein or as may be established by the Federal 

Aviation Administration (FAA) as required by 333. 

1. Types of Operations 

The requested exemption would permit the operation of small, unmanned multirotor aircraft under controlled conditions to provide the following services to the 

community; 

a. Aerial photography and video

b. News media coverage 

This exemption would permit operation of unmanned (remote control) UASs weighing 
less than 5 pounds, which may be upgraded as technological and safety advances occur, 

in predetermined areas away from the general public, airports, heliports, and vehicular 

traffic. Operations would be conducted within federal, state and local guidelines, by a 

FAA Licensed Private Pilot or other credentialed PIC as currently allowed by the FAA, 

along with the assistance of an Observer. Operations would be conducted only after 

carefully reviewing, inspecting, and examining the area of aerial operation to ensure the 

safety of persons and property. 

2. REQUESTED RELIEF 

We request a grant of exemption of the following sections of Title 14 of the Code of 

Federal Regulations: 

· 14 CFR 21; 

· 14 CFR 91, et seq; 

· 14 CFR 45.23 (b); 

· 14 CFR 61.113 (a) & (b); 

· 14 CFR 407 (a)(1); 

· 14 CFR 409 (a)(2); 

· 14 CFR 417 (a) & (b). 

We also an Exemption from Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations for the following: 

· 14 CFR 45.23 (b); 

· 14 CFR Part 21; 

· 14 CFR 61.113 (a) & (b); 

· 91.7 (a); 

· 91.9 (b) (2); 

· 91.103 (b); 

· 91.119; 

· 91.121; 

· 91.151 (a); 

· 91.203 (a) & (b); 

· 91.405 (a); 

· 91.407 (a) (1); 

· 91409 (a) (2); 

· 91.417 (a) & (b). 
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 91.7 (a) 

14 CFR § 91.203 Given the size, weight, speed, and limited operating area 

associated with the UAS aircraft to be utilized, we request exemption from 14 CFR Part 

21,Subpart H(Airworthiness Certificates) and §91.203 (a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under14 CFR Part 11 and Section 333 of 

the Reform Act. 

The Federal Aviation Act U.S.C. 44701 (f) and 333 of the Reform Act both 

authorize the FAA to Exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS. In all cases, an analysis 

of these criteria demonstrated that the UAS operated without an airworthiness certificate, 

in the restricted environment and under conditions proposed, will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. We request an 

exemption from 14 CFR 91.7 (a) Civil Aircraft Airworthiness. 

14 C.F.R. 45.23(b): Marking of the Aircraft 

Furthermore we request an exemption from §45.23 Marking of the aircraft 

because my UAS will not have a cabin, cockpit or pilot station on which to mark certain 

words or phrases. Additionally two -inch lettering is difficult to place on such a small 

aircraft with dimensions smaller than the minimal lettering requirement. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed. The word “Experimental” could be placed on the UAS to comply with 45.29 (f) 

in a size suitable for the available space. As new or additional requirements for marking 

are proscribed by the FAA, they will immediately be complied with by Texas Parks and 

Wildlife Department’s Communication Division. The UAS is equipped with LED lights 

to aid in visibility. 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command 

Under §61.113 (a) and(b) private pilots are limited to non-commercial operations, 

however we can achieve an equivalent level of safety as achieved by current regulations 

because my UAS does not carry any pilots or passengers.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

An exemption to the part will be needed since there is nowhere to place a copy of 

a flight manual on board the UAS. 
14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action 

This requires each PIC to take certain actions before flight to insure safety of 

flight. There is no approved flight manual, however the PIC will take actions prior to 

flight by reviewing the weather, flight battery requirements, and ensuring there is a safe 

location to 

land and depart so as not to cause undue hazard to people or property on the ground. The 

manufactures manual will be used prior to flight to ensure safety. 

14 CFR 91.119: Minimum Safe Altitudes 

Due to the limitation that operations be conducted at or below 400 feet AGL, an 

exemption will be necessary to meet 91.119. The typical UAS flight will be operated as 

follows: 

1) Operate the UAS for 10-15 minutes per flight, land UAS according to the 

manufacturer’s recommended minimum level of battery power. 

2) Operate UAS only within visual line of sight (VLOS). 

3) Always obtain all necessary permissions prior to operation. 

4) Procedures in place to abort flights in the event of safety breaches or potential 

danger. 

14 CFR 91.121: Altimeter Setting 

The UAS is not equipped with an altimeter setting device. GPS will be used on 

board the UAS to determine altitude by reference to the ground (AGL). 

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

An exemption from 91.151 will be necessary as the normal flight time will only 

be 10- 15 minutes. The UAS is fueled by battery power and a long duration flight is not 

possible. Also since all flights will be conducted Line of Sight (LOS), this requirement is 

not applicable. 

14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections 

These regulations require the owner/operator to have the aircraft inspected as 

prescribed in subpart E of this part. An equivalent level of safety will be maintained 

because of the small size and limitations of this UAS. Maintenance will be accomplished 

by the operator pursuant to the owners manual. The operator will ensure that the UAS is 

in proper working order prior to each flight, perform necessary maintenance, and keep a 

log of maintenance. The operator is the person most familiar with the UASs operation 

and is best suited to maintain in an airworthy condition to provide equivalent level of 
safety. 

3. Commercial and Public Benefits 

The Communications Division of the Texas Parks & Wildlife Department produces 

commercial videos and photography for a variety of products that reaches almost every 

Texan. Our award-winning PBS Television show is seen statewide and introduces Texans 

to the great outdoors. Our beautiful photography (much of it aerial) Texas Parks & 

Wildlife Magazine has been an iconic publication for generations. 

UAVs provide a safe, cost-effective and environmentally-friendly platform for filming 

and photographing our gives our constituents a birds-eye view of our beautiful landscape. 

Pre-flight planning and safety will be job one. All pilots and observers will be thoroughly 

trained and briefed on operational and safety protocols as prescribed by the FAA, UAS 

manufacturers and Texas Parks and Wildlife.

4. SUMMARY 

Conclusion 

 The Communications Division of Texas Parks and Wildlife Department seeks exemption 

from the FARS outlined above in order to commercially operate small UASs that weighs 

less than five pounds for the purposes described above. This request is only for the 

TPWD Communications Division and does not include any of the agency’s other 

divisions (Law Enforcement, Fisheries or Wildlife Research) which operate under 

specific COAs. 

Importantly, the nature of our video and photographic commercial assignments can occur 

almost anywhere within the boundaries of Texas and at any (legal daylight) time - 

requiring the “Blanket COA” component of the Section 333 exemption. 

Please feel free to contact me directly regarding any questions.

Respectfully	submitted,	

Earl	Nottingham	

Chief	Photographer	

Texas	Parks	&	Wildlife	Department	

Communications	Division	

4200	Smith	School	Rd.	

Austin,	TX	78744	
Phone:	254-493-7004	

earl.nottingham@tpwd.texas.gov