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 2multi-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 OperationsThe 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 weighingless 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 ofsafety.
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	78744Phone:	254-493-7004 earl.nottingham@tpwd.texas.gov