www.pillsburylaw.com 405255227v3 

Kenneth P. Quinn 

kquinn@pillsburylaw.com 

Pillsbury Winthrop Shaw Pittman LLP 

1200 Seventeenth Street, NW | Washington, DC 20036 | tel 202.663.8000 | fax 202.663.8007 

May 26, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition to Amend Exemption 11593, Docket FAA-2015-0477 

To whom it may concern: 

On May 15, 2015, Freeport-McMoRan, Inc. (“Freeport”) received an exemption 

under Section 333 of the FAA Modernization and Reform Act of 2012 to conduct 

commercial operations with Prioria Robotics, Inc.’s (“Prioria”) Maveric small 

unmanned aircraft system (“sUAS”) to provide surveying and mine-related services at 

Freeport’s U.S. mines, which are primarily located in remote unpopulated and accesscontrolled areas with minimal air traffic. Freeport submits this petition to amend 

Exemption 11593 to include an exemption from 14 C.F.R. § 91.119(c)’s prohibition 

on operating closer than 500 feet to any person, vessel, vehicle, or structure. Freeport 

requests that the FAA amend Condition Number 26 of Exemption 11593 to allow 

Freeport to operate the Maveric sUAS as close as 50 feet from nonparticipants 

without barriers or structures present to protect them. Specifically, Freeport requests 

that Condition Number 26 be amended to read: 

26. All Flight operations must be conducted at least 50 feet from all 

nonparticipating persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 50 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety 
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assessment of the risk of operating closer to those objects and determined that 

it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

In support of this petition, Freeport incorporates by reference its original petition for 

exemption, which describes, among other things, the sUAS operating area; the 

reasons Freeport’s sUAS operations are in the public interest; the Maveric sUAS and 

its safety features; and Freeport’s mine safety training, required personal protective 

gear, and coordination with mine safety personnel. 

In support of its petition to amend its exemption, Freeport is enclosing the Freeport 

Risk Assessment under separate cover with a request for confidentiality. As 

explained in the Risk Assessment, an equivalent level of safety is provided by the 

Maveric’s light weight, airspeed,1

 and safety features; the very low population density 

of Freeport’s mines, and the PIC training requirements. 

Freeport respectfully submits that the Freeport Risk Assessment provides the FAA 

with sufficient grounds to grant Freeport’s request for exemption from 14 C.F.R. 

§ 91.119(c) to operate the Maveric sUAS as close as 50 feet from nonparticipants 

without barriers or structures present to protect them. In the event that the FAA 

requires additional information to grant the requested relief, Freeport requests that the 

FAA contact me, with a copy to Jennifer Trock (jennifer.trock@pillsburylaw.com), 

and identify the additional required materials. 

Federal Register Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication 

in the Federal Register, should the FAA determine that publication is needed: 

Docket No.: No. FAA-2015-0477 

Petitioner: Freeport McMoRan, Inc. 

Section of 14 CFR: Part 21, § 61.113(a) and (b), § 91.7(a), § 91.119(c), § 

91.121, § 91.151(a), § 91.405(a), § 91.407(a)(1), § 91.409(a)(2), § 91.417(a) 

and (b). 

 

1

 As described in the safety assessment, Freeport will limit the Maveric’s airspeed to under 41 knots. 
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Description of Relief Sought: Freeport is seeking to amend Exemption 

No. 11593, which allows for commercial mining-support operations using 

small unmanned aircraft (sUAS), to allow for sUAS operations as close as 50 

feet from nonparticipants. 

Sincerely, 

Kenneth P. Quinn