July 20, 2015

Exemption No. 12090

Regulatory Docket No. FAA–2015–0566

Mr. Brian Zamudio

Director of Operations

Persistence Mining Inc.

5666 La Jolla Boulevard Unit 314

La Jolla, CA 92037

Dear Mr. Zamudio:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated March 3, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Persistence Mining Inc. (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial mining and geological surveys.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is an ARMDS.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
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has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Persistence Mining Inc.is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Persistence Mining Inc.is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the ARMDS when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 
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documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
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14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 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 500 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 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.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Persistence Mining Inc. ARMDS Flight Manual

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UAS FAR 333 Exemption Package

Rotor Small Unmanned Air Vehicle Geological Mapping project in

Nevada, New Mexico, Utah and California

Prepared by: Brian Zamudio

Director, Persistence Mining Inc.

Date: March 3, 2015
Persistence Mining Inc. ARMDS Flight Manual

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TABLE OF CONTENTS

MISSION 3

VEHICLE DESCRIPTION: Aerial Remote Mineral Detection System 3

 (ARMDS)

COMMAND AND CONTROL SYSTEMS 6

EMERGENCY PROCEDURES AND SYSTEM FAILURES 8

SECURITY 8

OPERATIONS 8

SAFETY 9

MISSION PARAMETERS 10

PRE-FLIGHT 11

LAUNCH 12

RECOVERY 12

POST-MISSION REPORTING 12

EMERGENCY MANAGEMENT 13

EXHIBIT A - EXEMPTION / WAIVER REQUESTS 14
Persistence Mining Inc. ARMDS Flight Manual

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1. Mission

1.1. Objective: To successfully complete areal mining and geological surveys using an 

unmanned aircraft equipped with spectral imaging sensors or LIDAR.

1.2. Description: Persistence Mining Inc.in full cooperation with the New Mexico Institute of 

Mining and Technology and the New Mexico Bureau of Geology, will use a small unmanned 

aircraft systems to perform geological surveys. Persistence Mining will perform surveys with 

qualified manufacturer trained personnel who have current commercial pilot certificates. The 

remote locations of these inspections, primarily mining site, outside of inhabited areas and 

cities, in geologically important areas creates an ideal use for a remote unmanned aerial 

surveys such technology. By conducting these inspections in adherence with all Federal 

Aviation Regulations that are applicable to a small unmanned systems, our team hopes to 

produce a real world example of how UAV’s can increase knowledge, productivity and 

generate beneficial data to help in both geological research for education, safety, and 

commercial industries.

2. Vehicle Description: ARMDS

2.1. CIT Engineering Overview: CIT Engineering, Inc. is a California based company located in 

Carlsbad; CA. CIT is focused on providing unmanned aerial system and robots for specific 

client needs. 

2.2. CIT Engineering has built a drone for Persistence Mining Inc. as an amateur aircraft.

2.3. ARMDS Overview: 

2.4. Map remote communities in mining areas in North America, keep our highways clear and 

safe; and provide volumetric analysis for open pit mines.

2.5. The ARMDS can carry payloads up to 9 Kg (20 lbs.). The ARMDS flies with a maximum 

wind threshold of 21 NM for sustained winds and wind gusts up to 35 NM. What is unique 

about the ARMDS is that the system automatically compensates for wind versus relying on 

the operator’s ‘sense of feel’ for what the impact of the wind is at the altitude the system is 

flying. The end result is a system capable of gathering high quality aerial intelligence at 

much higher wind thresholds. 
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2.6. The ARMDS has an operational range of up to 21 NM (25 Miles). All flight operations are 

GPS controlled making the system extremely easy to navigate. At any point if the operator is 

not explicitly commanding the system to move, the system automatically holds its GPS 

position (i.e. GPS hold for reliable location hover). Camera positioning is also GPS controlled 

allowing for the most sophisticated camera targeting available. The flight control system 

employs not only GPS positioning but a variety of sensors including sonar, barometric 

pressure, temperature, wind speed and others to ensure the most stability of any system in 

its class-regardless of the wind.

2.7. The ARMDS can be operated in both semi and fully automatic flight modes. Creating 

preplanned gridline flight paths to fly in autonomous mode is as simple as clicking on the 

map to create a preplanned flight plan. In semi-autonomous mode, the operator clicks on the 

map and the ARMDS automatically flies to the point on the map where the operator is 

pointing. Pre-mission waypoints, Landing zone points and flight area dimensions can all be 

entered during preflight ensuring the ARMDS operates solely within specified parameters

2.8. The ARMDS includes many advanced safety features that make it safe near roadways and 

in urban and rural areas. Built-in intelligent fault handling allows the ARMDS to detect a 

system fault while in the air, and to automatically fly back to its take-off location and land. 

Faults which can be detected by internal sensors include: loss of communication RFP: 

Unmanned Aircraft Vehicle (UAV) for “at height” Inspection to the command station; 

exceeding pre-set wind thresholds exceeded; and low battery levels. In addition, the 

operator can create no fly zones or maximum flight ranges and altitudes so the system 

cannot enter areas deemed unsafe, populated or unnecessary exploration. Automated flight 

checks ensure the system is operating at peak performance prior to take off. 

2.9. The ARMDS can be operated entirely by a touch-screen and a GPS map based interface. 

Translated: the operator only needs to program the system where to go, the specific 

dimensions of the gridlines and then system automatically plots the course within the 

parameters to gather necessary research data. Maps can be saved and flight plans can be 

made or recalled with no internet connection required.
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2.10. ARMDS Operating Handbook - System User Guide is carried with the UAV in a carrying 

case for easy reference.

2.11. Physical Characteristics

2.11.1. 82” length, 20” height

2.11.2. Measurements – Wingspan of 7.5 ft.

2.11.3. Weight (without payload) – 25 lbs.(11.3 KG)

2.11.4. Fuel – 2gallon - 2-stroke gasoline

2.11.5. Landing style/type – Autonomous vertical lift

2.12. Propulsion System

2.12.1. Engines – The ARMDS is powered by Bergen/Zenoah 52cc 2-stroke

2.12.2. Batteries- 2-cell lithium polymer 5000mAh

2.13. Performance Characteristics

2.13.1. Performance Charts - Available upon request

2.13.2. Maximum Altitude – 40 ft. AGL

2.13.3. Maximum Endurance – 6-8 Hours

2.13.4. Maximum Range –21 NM (25 miles)

2.14. Weather 

2.14.1.1.Winds Maximum – 21 NM (25 MPH sustained), 35NMH (40 MPH) gusts

2.14.1.2.Minimum ceiling: 1

2.14.1.3.Maximum ceiling 400 feet

2.14.1.4.Minimum visibility: 3 SM

2.14.1.5.Icing conditions – no icing conditions

2.14.1.6. Precipitation – no visible moisture

2.14.1.7.Operating temperature-: -22°F - 122°F

2.15. Maintenance Requirements: the UAV is nearly maintenance free, it performs automatic 

pre-flight checks and the failure of any check will prevent take-off. Checks which cannot 

be done by the system will be performed by a qualified person prior to each flight.
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2.14.1 Pre-flight checklist includes:

2.14.1.1 Visual inspection of the airframe

2.14.1.2 Visual inspections of rotor integrity

2.14.1.3 Check charge of all batteries (aerial vehicle, command station, radio 

repeater station)

2.15 Reliability: The system is designed for maximum reliability to maintain performance over 

its life. The only components experience routine wear are rotors, batteries, motors, and 

legs. Battery and motor conditions are monitored by the system with deviations reported 

to the operator.

2.15.1 Contact with other objects during flight may cause other components, particularly 

rotors, and motor arms, to become damaged. Damaged components are likely to 

be detected during the full visual inspection of the airframe performed before 

each flight. Structural damage affecting flight characteristics will be detected by 

on-board sensors.

2.15.2 The UAV system detects numerous conditions which may make flying unsafe, 

such as reduced GPS accuracy, magnetic anomalies, low battery charge, battery 

cell imbalances, and temperature fluctuations. Automatic pre-flight checks 

prevent the UAV from taking off if such conditions are present; or, if the condition 

is detected during flight, the system will trigger a Fatal Conditioned Response.

2.16. Fault Tolerance: The key feature of the UAV fault tolerance is its mechanical simplicity. It 

uses. Any component failure detectable by the system will be reported to the control 

station and will cause the UAV to perform a Fatal Condition Response (FCR) or NonFatal Conditioned Response (NFCR), depending on the type of failure.

3. Command and Control Systems

3.1. The ARMDS Ground Controls allow the operator to control the aircraft and its payload 

sensors. The touch screen control allows for quick navigation and data entry while the 
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display screen provides all essential flight data to the operator. Telemetry data is

transmitted to the command station at a minimum rate of once per second.

3.2. Displayed on GCS:

3.2.1. UAV Position

3.2.2. Navigation Route

3.2.3. UAV Tail Number

3.2.4. UAV Position

3.2.5. UAV Altitude

3.2.6. UAV Heading

3.2.7. North Seeking Arrow

3.2.8. Range to Target

3.2.9. Calculated target position

3.2.10. Date/time

3.2.11. Sensor heading and orientation relative to UAV

3.3. On-board Flight Instruments

3.3.1. The UAV is equipped with an Inertial Navigation System (3-axis gyroscope, 3-

axis magnetometer, GPS receiver, and static pressure sensor) and a sonar 

sensor for precision AGL altitude measurement.

3.4. On–board computer systems 

3.4.1. The UAV is equipped on-board computer systems to monitor (sensors, battery, 

etc.), control (speeds, altitude, position, etc.), and communicate (control, 

telemetry, etc.).

3.5. On-board guidance and navigation equipment

3.5.1. The UAV can operate autonomously; it does not require any input from groundbased equipment after it‘s preflight programming.

3.6. Frequency Allocations- 915 MHz, 2.4 GHz, 5.8 GHz

3.7. Flight termination link
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3.7.1. To prevent a “fly away” or other potentially dangerous situation a flight 

termination link is available to the operator from the ground control system.

3.8. Takeoff and Landing – The ARMDS has vertical lift autonomous launch and recovery. A 

Landing Zone “LZ” is designated by the operators and identified in the GCS software. For 

launch procedures the aircraft will takeoff and hover 3 meters directly above the LZ and hold 

until further operator instruction is given. The aircraft will automatically adjust for wind during 

this period.

3.9. Navigation System 

3.9.1. Specific maps can be downloaded to the display screen (such as air sectional 

and geographic maps) which is overlaid with GPS positional data. Waypoints can 

be created before and during flight operation creating specific locations and 

sequences for the aircraft

3.10. Redundant Systems 

3.10.1. The UAV combines the input from a multitude of sensors. Even though the data 

from all sensors is required for optimal system performance, a single sensor 

malfunction is likely to result in degraded performance rather than leading to a 

catastrophic failure.

4. Emergency Procedures and System Failures

4.1. Failure Handling – The UAV has extensive failure detection and handling capabilities. All 

failures are deeded to be either fatal or non-fatal. Failures classified as fatal result in a 

Fatal Condition Response (FCR); and failures classified as non-fatal result in a Non-Fatal 

Condition Response (NFCR).

4.2. Sensor Failure – Failure of on-board flight instruments/sensors will degrade the UAS 

performance and will result in either a FCR or a NFCR, depending on their severity. If the 

UAV becomes unstable due to sensor failure, it will stop all four motors and free fall to 

avoid a fly away condition.
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4.3. Motor Failure – The UAV flight performance will degrade significantly if one or more 

motors fail.

4.4. Airframe Failure – If airframe is damaged in ways that impacts flight characteristics, the 

UAV will behave similar to if an on-board flight instrument failed.

4.5. Navigation System Failure – In a navigation system failure, degraded GPS will result in 

FCR or NFCR‘s depending on failures.

4.6. Power Failure – A complete battery failure which results in power loss to the UAV will 

result in degraded flight performance.

4.7. Low Battery Condition – Operator will be alerted of a low battery condition and will land 

the aircraft as soon as able.

4.8 Low Battery Condition – Operator will be alerted of a low battery condition and will land 

the aircraft as soon as able.

4.9. Line-of-Sight Loss – All flight operations will be conducted with the UAV within visual 

sight of a spotter. If the spotters view becomes obstructed and line-of-sight is lost, the 

pilot may instruct the UAV to hover in place until line-of-sight is reestablished, to return to 

the take-off position, or to land at the current position.

5. Security

5.1. The system and communication links are encrypted by the manufacturer’s proprietary 

software.

6. Operations

6.1. Crew Requirements – Persistence Mining Inc. has named two operators to this inspection 

program. Both are commercially rated pilots and have years of experience in multiple 

unmanned systems. Operators will be flight current for both manned and unmanned 

standards and as well hold a current Class II FAA Medical Certificate along with 

appropriate flight currency.

6.2. Operator roles:

6.2.1 Operator/Pilot in Command (PIC) – For each operation a PIC will be designated, 

this person will be directly responsible for the operation of the UAS and the 
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safety of the operation. It will be the responsibility of the PIC to ensure the 

operation complies with applicable regulations and/or ensures professional “best 

practice” to all applicable regulations.

6.2.2 Spotter/back-up Pilot – The Spotter will be responsible to visually maintain 

contact with the UAV while scanning the area for undetected aircraft or 

obstacles. The Observer will also handle the communications between the PIC, 

external crew, air safety officer and the platform safety officer. The observer will 

also be a certified and a current system operator and will assume control of the 

UAS should the PIC become incapacitated.

6.2.3 Operator profiles:

6.2.3.1 Maintenance: Operators will hold appropriate maintenance certification 

for the system provided by the UAV servicer and/or manufacturer.

7. Safety

7.1. Safety is priority for every mission. The location and details of the task demand the safe

operations. Several layers of safety management will be implemented for this operation:

7.2. All flight operations must meet standards written in the Pre-mission operations plans and 

risk matrixes will be reviewed prior to any operation. During operations, Safety Officer(s)

will be present along with Persistence Mining personnel who all have “stop work 

authority” over the operation.

7.3. FAR & ICAO Regulations. This operation will conduct under all applicable FAA and ICAO 

regulations. While the location and scope of this operation provides exemption from many 

of the regulations, Persistence Mining Inc. Persistence will ensure operations fall under 

“best practice” of all appropriate regulations.

7.4. Persistence Mining Standard Operating Procedures.

7.4.1 Persistence Mining Operators will maintain internal company safety practices at 

all times. These internal regulations are in addition to all applicable FAR, ICAO 

standards.
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7.5. Stop Work Authority. Any Persistence Mining personnel can, at any time, halt an 

operation in the name of safety without retribution or concern for their jobs.

7.6. Operating Standards – To assure safe operation within close proximity to roads or 

possibly inhabited areas the ARMDS will be operated in autonomous mode at all times. 

Manual operation is only permitted in the case of an emergency procedure as stated in 

the aircraft operational procedures manual.

7.6.1 Safe Operating Standards

7.6.1.1 Efforts will be in place to ensure that an emergency free fall to the ground 

will not result to damage or injury to persons or property.

7.6.1.2 The PIC shall be designated for every flight and operations members 

must comply with PIC instructions or any person whom the PIC has 

authorized to act on behalf of the PIC.

7.6.1.3 Operations will not occur beyond visual line-of-sight (VLOS) and will be 

within the inspection region of the platform.

7.6.1.4 The UAV will follow the same right-of-way rules as any manned glider, 

airplane or helicopter. Since the UAV will be operating within VLOS they 

shall give way to manned aircraft at all times.

7.6.1.5 The operation will take place only under visual flight conditions and all 

applicable visual flight rules will be followed.

7.7 Site Survey – An on location site survey will be conducted by assigned operators prior to 

any operation. Site surveys will be coordinated with all interested parties prior to flight 

inspection. 

7.7.1 Locations of hazards

7.7.2 Location of Launch/Recovery site

7.7.3 Location of forward observers

8. Mission Parameters

8.1. Dimensions – Persistence Mining operators will act inside the surveyed flight Inspection 

area. These parameters will be programmed prior to any survey and in accordance with 
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specific needs of the survey area and needs of the client. This will create a digital flight 

box for the UAS and a grid system where we can identify the location of the UAS at all 

times.

8.2 Example

8.3 Operating Altitude – The UAS will operate at or below 400 ft. AGL at all times.

8.4 Lateral Distance – The UAS will stay within 2 miles laterally of the pilot at all times.

8.5 Air Traffic De-confliction – There is a very small volume of air traffic in the survey regions

due to the remote locations. All air traffic in the area is almost completely limited to 

helicopter traffic coming to and from the production platform. These helicopter flights are 

scheduled and in constant communication with platform air traffic officer. Inspections will 

occur in “dead” periods in- between scheduled arrivals and departures. Operators will 

have aviation band radios with communications to the air officer at all times.

8.6 Emergency return-to-base – The system will be pre-programmed with an emergency 

return-to home waypoint. Should notice be given by an observer or air traffic officer the 

system will at all times be able to return to land within a five minute period.

8.7 Observers – The back-up PIC will act as the observer and be in communication with the 

safety personnel and flight officer /pilot, as well as aviation frequencies for the platform.

8.8 Communication – The operating personnel will have direct communication links to the 

observers, safety personnel and monitoring geologists. The safety personnel will handle 

the communications for the flight operations team. The flight officer/pilot will have an 

aviation band radio to communicate with any traffic in the area.

9. Pre-Flight

9.1 Flight Operations Area – Prior to starting operations, the flight team will set up equipment 

in a fight controls in a stationary area with a distance from the take-off pad of a minimum 

of 20 meters insuring safety.

9.2 Ground Control System is operational

9.3 Launch/Recovery zone is free and clear of debris

9.4 Launch/Recovery zone is clearly marked for safety
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9.5 Weather report within 30minutes

9.6 Airspace dimensions loaded into computer

9.7 Telemetry playback ready

9.8 All operations personnel are briefed to the particulars of the Flight Operations Area 

ensuring a solitary flight environment for operators

9.9 Weather minimum for operation – Per best practice standards, operations will take place 

in VFR conditions; no instrument flight is authorized at any time.

9.10 Pre-Flight Checks – Checklists will be used at all times without exceptions

10. Launch

10.1 Launch operation will take place at pre-determined LZ. The LZ will be clearly marked as 

such to ensure safety with ground personnel.

10.1.1 Authority to Launch – The system cannot be launched without:

10.1.2 Approval from Persistence safety officer

10.1.3 Approval from Observer

10.1.4 After the PIC has received clearance from these sources the PIC will have 

authority to proceed with the operation.

11. Recovery

11.1 Recovery operation will take place at pre-determined LZ. The LZ will be clearly marked as 

such to ensure safety with ground personnel.

11.2 Authority to Recover – The system cannot be recovered until it is safe to do so as 

determined by the Persistence Mining personnel on duty.

11.3 Communication – After recovery operation is complete operators will inform air traffic 

officer and safety officers that the vehicle is safe on deck. Any notification to the airspace 

control/change of status to any flight plans will be report at this time.

12. Post-mission reporting

12.1 After each operation personnel will create a report summarizing details and telemetry of 

the flight. These reports will be made available to FAA personnel upon request and will 

include:
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12.2 Launch time

12.3 Recovery time

12.4 Mission duration

12.5 Weather at launch

12.5.1. Ceilings

12.5.2 Winds

12.5.3 Temperature

12.6 Payload used

12.7. Battery used

12.8 Operators

12.9 Mission summary

13. Emergency Management

13.1 Emergencies will be handled in accordance with Shell Platform Emergency Procedures

13.2 Emergency Contact Information

13.2.1 Persistence Mining Operations Team – TBA

13.2.2 Local Fire and Medical Dept. – TBA

13.3 Safety Equipment at Operations Site

13.3.1 First Aid Kit

13.3.2 Fire Extinguisher

13.4 Procedure in Event of Incident/Accident

13.4.1 The PIC will take command of the situation until resolved

13.4.2 The PIC will contact the proper emergency services if required

13.4.3 The UAV will return to land as soon as safely possible.

13.4.4 The operations team will ensure spectators will remain clear of operations area.

13.4.5 The operations team will shut down all operations gear as required:

13.4.5.1There is no equipment on the ground station that needs to be urgently 

shut down.
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13.4.5.2 The UAV power should be disconnected as soon as practical, however 

other actions in this list should be done by level of importance as the 

situation deems.

13.4.6 First Aid will be administered if and as required.

13.4.7 Firefighting will be performed only if it can be safely performed given the 

equipment available and ability of the personnel or in the event of a life 

threatening situation. Otherwise firefighting shall wait for proper emergency 

services. Fire is considered highly unlikely given the size of the UAV and the use 

of electric motors.
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EXHIBIT A - EXEMPTION / WAIVER REQUESTS

Regulations Waiver Request and Procedures for ARMDS

Regulation Title and Description Safety Equivalent

Note: For exemptions that do not apply as the 

operation is outside the US no waiver or 

exemption is needed per CFR 91.101

Best practices will be applied under ICOA 

rules when applicable

91.1(b)(2) Civil aircraft manual, carried on aircraft Manual will be carried by operator(s) on 

ground at control station.

91.9(c) Civil aircraft marking in accordance with 

FAR 45

Unmanned system will be marked with serial 

number and non-government marking

91.103(b)(1) Preflight action, use of takeoff and 

landing distance data

Requires 10 meters by 10 meter platform

91.103(b)(2) Preflight action, use of performance data 

if no flight manual is required

Flight manual will be maintained by PIC on the 

ground and performance data will be will be 

analyzed to enhance future performance

91.105(a)(2) Flight crewmembers at stations, seat 

belt fastened

There are no seatbelts because there are no 

passengers or on board pilots

91.109(a) Flight instruction, dual controls required Flight control are on a ground station and will 

be operated by a certified pilot with a spotter 

verifying control

91.203(a)(1) Civil aircraft: certifications required 

airworthiness certificate on board

Appropriate documentation will be available 

with operations crew on site.

91.203(a)(2) Civil aircraft: certifications required, 

registration certificate on board

Appropriate documentation will be available 

with operations crew on site.

91.207(a)(2) Emergency locator transmitters, 

attached to the airplane

No ELT is available for an unmanned system 

this size. All operation will be conducted within 

line of sight to operators to ensure no loss of 
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visual contact

91.211(a) Supplemental oxygen for flight crew Not Applicable

91.405(a) Maintenance required, inspection of 

aircraft

All maintenance of unmanned system will be 

conducted as specified by the manufacturer. 

Maintenance will be documented on flight 

manual which will be in possession of 

operators at all times.

91.405(b) Maintenance required, documentation 

and return to service

All maintenance of unmanned system will be 

conducted as specified by the manufacturer. 

Maintenance will be documented on flight 

manual which will be in possession of 

operators at all times.

91.407(a)(1) Operation after maintenance, return to 

service by appropriate person

All maintenance of unmanned system will be 

conducted as specified by the manufacturer. 

Maintenance will be documented on flight 

manual which will be in possession of 

operators at all times.

91.409(a)(1) Inspections, annual, within preceding 12 

months

No flight instruction for hire will be performed

91.409(b) Inspections, 100 hour, if flight instruction 

for hire is provided

All maintenance of unmanned system will be 

conducted as specified by the manufacturer. 

Maintenance will be documented on flight 

manual which will be in possession of 

operators at all times.

91.417(a) Maintenance records to be maintained 

by owner or operator

All maintenance of unmanned system will be 

conducted as specified by the manufacturer. 
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Maintenance will be documented on flight 

manual which will be in possession of 

operators at all times.
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FAR 91 REGULATIONS WHICH MAY 

REQUIRE WAIVER

Safety Equivalent

NOTE: SUBPART 

J Waivers

Administrator may issue a certificate of waiver 

authorizing the operation of aircraft in deviation 

from any rule listed in this subpart if the 

administrator finds that the proposed operation 

can be safely conducted under the terms of the 

certificate of waiver.

61.113

Private pilot privileges and limitations: Pilot in 

command

We will be using a private pilot for most 

surveying however an exemption is 

requested for testing periods when an 

engineer from our staff will be needed to 

make necessary adjustments. All flights will

be incidental to Persistence Mining Inc.’s 

business; and will not carry passengers or 

property for compensation or hire.

91.107 Use of Safety Belts Aircraft does not carry any passengers or a 

pilot

91.111 Operating near other aircraft ARMDS will be operated below commercial 

airspace in remote areas more than 5 NM

from all commercial airfields 

91.113

Right -of-way rules: Except Water operations

Flight plans will be registered prior to flights 

and will be below standard flight levels and 

a maximum of 400 feet AGL

91.115

Right -of-way rules: Water operations

Flight plans will be registered prior to flights 

and will be below standard flight levels and 

a maximum of 40 feet above the ground

91.117 Aircraft Speed Air speeds will be at a rate lower than 50 

MPH

91.119

Minimum safe altitudes: General.

All flights will be between 50 ft. and 400 ft.

AGL with an average of 100 feet AGL, 

except during take-off and landing

91.121

Compliance with ATC clearances and 

instructions

IRF clearance will not need to be granted by 

a tower due to the remote location of the 

launch sites away from conventional 

airfields. There is no station within the area 

prescribed in this section, the current 

reported altimeter setting of an appropriate 
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available station. All operations will be 

conducted under line of sight rules at or 

below 400 feet AGL

91.125 ATC light signals There will not be any signals in the launch 

areas to comply with

91.126 Operating on or in the vicinity of an airport in 

class G airspace

ARMDS will not be operated in class G 

airspace

91.127 Operating on or in the vicinity of an airport in 

class E airspace

ARMDS will not be operated within class E 

airspace

91.29

Operations in Class D airspace

ARMDS will not be operated within class D

airspace

91.13

Operations in Class C airspace

ARMDS will not be operated within class C 

airspace

91.131

Operations in Class B airspace

ARMDS will not be operated within class B 

airspace

91.133

Restricted and Prohibited areas

ARMDS will not be operated in restricted or 

prohibited airspace

91.135

Operations in Class A airspace

ARMDS will not be operated in class A 

airspace

91.137 Temporary Flight Restrictions

1 SM during the day and 3 at night with no 

clouds

91.153 VFR flight plan: information required

1 SM during the day and 3 at night with no 

clouds Does not apply because below the 

400 foot AGL ceiling,

91.155 VFR weather minimums Below 400 feet

91.157 Special VFR weather minimums

1 SM during the day and 3 at night with no 

clouds

91.159 VFR cruising altitude or flight level

Between 40Ft. AGL and 400 feet AGL

91.169 IFR flight plan: information required

We will file a flight plan prior to flight

91.173 ATC clearance and flight plan required We will file a flight plan prior to fly at low 

altitudes

91.175 Takeoff and landing under IFR No IRF will be managed by the ground pilot 

in remote areas

91.177 Minimum altitude for IR operations

The drone will be flown at altitudes of 50 ft. 

and 400 ft. AGL The drone will need to stay 

well below the normal flight altitude for a 
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regular manned aircraft

91.179 IFR cruising altitude or flight level

The drone will be flown at altitudes of 50 ft. 

AGL to 400 ft. AGL. The drone will need to 

stay well below the normal flight altitude 

for a regular manned aircraft

91.185 IFR operations: two-way radio communication 

failure

The ARMDS is an unmanned vehicle 

therefore is programmed to return to the 

launch location in case of communication 

failure

91.209 Aircraft lights No flights will occur from sunset to sunrise

91.305 Flight test areas Will be conducted in remote areas more 

than 20 NM from any airports 

91.313e Restricted category civil aircraft: Operating 

limitations

Aircraft will be operated within safety 

guidelines put forth by the supervisor and 

will not fly directly over any person or 

people

91.405(a) Maintenance required, inspection of aircraft All maintenance of unmanned system will be 

conducted after completion if each flight. 

Maintenance will be documented on flight 

manual this will be in possession of 

operators at all times.

91.405 (b) Maintenance required, documentation and 

return to service

All maintenance of unmanned system will be 

conducted after completion if each flight. 

Maintenance will be documented on flight 

manual this will be in possession of 

operators at all times.

91.407 Operation after maintenance, return to service 

by appropriate person.

All maintenance of unmanned system will be 

conducted as specified by the

Manufacturer. Maintenance will be

documented on flight manual which will be in 

possession of operators at all times

91.515 Flight Altitude rules Aircraft will only operate with VFR weather 

minimums

91.7(a). Civil aircraft airworthiness Certificate Persistence seeks the requested relief 

because the ARMDS does not require an 

airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. Therefore, we 

will ensure that the ARMDS is in an 

airworthy condition based upon its 

compliance with the operating documents 

prior to every flight, and as stated in the 

conditions and limitations of our operations 

manual.
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Persistence Mining is a small mining company with headquarters in La Jolla CA. Our personnel have 

experience operating unmanned systems to provide geological and agricultural surveying data to clients. 

With our alliance to educators and researchers, the Persistence Mining team will be able to assist 

researching in mapping and discovering various geographical features that will assist in a number of 

research areas.

ARMDS is currently working with a large petroleum company to develop the procedures and safety plans 

to support remote sensing operations on production platforms in the Gulf of Mexico. The purpose of this 

program is to support enhancing incident response times and improve safety of platform inspections for 

numerous objectives including, but not limited to:

1. Geo-mapping for explorations

2. Emergency Response Protocols for natural disasters

3. Fluvial Studies

4. Hyper spectral imaging maps

The first phase of the development project will be to decrease the amount of pitch and tilt during flight 

and turns within a grid pattern

2014-15 year. These inspections will occur in after each flight to guarantee advancements in proceeding 

flights

Approximate Location of the areas to be surveyed:

1. Remote areas near Hawthorn, Nevada

2. Remote Areas in Playas New Mexico

3. Other remote mining areas 

4. Agricultural areas

All operations will be conducted in specified areas with a pre-determined flight plan by personnel who 

hold current commercial pilot certificates. These PICs will be trained to the highest level and certified to 

operate by the unmanned system manufacturer.
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Through this program Persistence Mining will establish an aerial surveying program for geo-mapping, 

environmental services support as well as to develop safety procedures and best practices for such 

operations.

We are requesting exemptions from the Federal Aviation Regulations so this operation can be 

commercially completed in accordance to all applicable FARs that would pertain to a small unmanned 

system. It is our team's hope that through exemption from inapplicable regulations Persistence Mining 

Inc. Will be able to provide the United States government and the FAA a source of performance data 

from the safe and successful conduct of commercial UAS operations. The remote locations of this request 

provides a unique opportunity to further the process of UAS integration into the NAS with strict safety and 

access controls already in place for the locations of the inspections.

Brian Zamudio, Director of Operations

Persistence Mining Inc.

5666 La Jolla Blvd Unit 314, La Jolla, CA 92037

619-518-6424

Brian@persistence.com