### April 16, 2015

Exemption No. 11329 Regulatory Docket No. FAA

− 2015–0012

Mr. Gregory A. Obrigewitch, PLS Falkirk Mining Company

P.O. Box 1087 Underwood, ND 58576

Dear Mr. Obrigewitch:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 2, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Falkirk Mining Compa ny (hereinafter petitioner or op erator) for an exemption. The exemption would allow the petitioner to opera te an unmanned aircraft system (UAS) to conduct land surveying services.

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 a SenseFly eBee and Trimble UX5.

### 2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H—Airworthiness Certificates . 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, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft meets the conditions of Section 333. Therefore, th e FAA finds that the re quested relief from 14 CFR part 21, and any associated noise certific ation and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial da ta collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pr esented in your petition. In Grants of Exemption No s. 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 specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

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

 They are similar in all material respects to relief previously re quested 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 situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, Falkirk Mining Company 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) an d (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, Falkirk Mining Comp any is hereafter referre d to as the operator.

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Failure to comply with any of the conditions an d 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 ex emption are limited to the SenseFly eBee and Trimble UX5 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 restricti on. 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 PI C 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 perm itted 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 en sure 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 discrepa ncy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised

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documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d 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 contacte d if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions 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 functi onal 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. Th e 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 manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requ irements for the aircraft and aircraft

components.

12. Each UAS operated under this exemption mu st comply with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 PI C is rated on his or her pilot certificate.

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles 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 e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants 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 conditi ons (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not denoted with an ARP, the center of the ai rport symbol as denoted on the current FAApublished aeronautical chart, unless a lett er 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 ai rport 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 it s GPS signal, the UA must return to a predetermined location within the priv ate or controlled-access property.

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

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce 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 unde r the terms of the attached COA.

22. All aircraft operated in accord ance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CF R part 45, Subpart C. Markings must be as large as practicable.

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23. Documents used by the operator to ensure th e 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 th e Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y 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 pr otect 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 struct ures 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 es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/cont roller 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 Sa fety Board (NTSB) per instructions

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

.

If this exemption permits operations for th e 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 ove r the area of proposed filming. The 3-day notification may be waived w ith 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 res ponsible for the on-s cene operation of the UAS;

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

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

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

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating 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 al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight St andards ServiceU.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Filed with www.regulations.gov

January 2, 2015

Re: Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"),

P .L. 112

- 95, "Special Rules for Certain Unmanned Aircraft S ystems" and 14 C.F .R. Part 11, Gregory A. Obrigewitch PLS (Professional Land Surveyor), Falkirk Mining Company (" FMC ") providing land surveying services in Central North Dakota, at the Falkirk Mine, seeks an exemption

from the F ederal Aviation Regulations ("F ARs") and listed below:

14 C.F.R. Part 21

14 C.F.R. 45.23

14 C.F.R. 45.29

14 C.F.R. 61.23

14 C.F.R. 61.3 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 61.133(a) 14 C.F.R. 91.7(a)

14 C.F.R. 91.9 14 C.F.R. 91.109(a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 14 CFR Subpart E (91.401

- 91.417)

Summarized for purposes of Federal Register publication:

Applicant seeks an exemption from the following rules:

. 14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.23, 14 C.F.R . 61.3, 14 C.F.R.

, 1.113(a) & (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151 (a), 14 C.F.R. 91.203, 14 CFR Subpart E (91.401

- 91.417)

to operate commercially a small unmanned vehicle (55lbs or less) augmenting its land surveying operations.Contact information for the Applicant is:

Gregory A. Obrigewitch PLS,

Falkirk Mining Company Mailing Address: PO Box 1087 Physical Address: 2801 1 st Street SW Underwood, ND 58576

- 1087

Phone: 701

- 250

- 2412

Email: greg.obrigewitch@nacoal.com

The Falkirk Mining Company is a coal surface mine located near Underwood, ND. An approved mining permit is required in North Dakota a nd the permit is administered and regulated by the North Dakota

Public Service Commission before any work operations can take place

. This approved permit grants all

surface and sub

- surface rights to the Falkirk Mining Co mpany and subsequently direct surface control.

Due to this direct surface control

, the lands that are within the approved permit area are ideal to utilize a

UAV (unmanned aerial vehicle) for imaging of a griculture applications, Digital Terrain Modeling,

i nf rastructure reconnaissance and inventory with GIS applications in mind. The above mentioned applications are directly tied to operations at the Falkirk Mine. T he ultimate use of a UAV on permitted areas is the direct relationship to the safety of every Fal kirk Mine employee. Safety First and Safety Always is the rule and belief of all employees who work at the Falkirk Mine. This belief is reflected in the excellent safety record that the mine has. To maintain this high standard for safe operations requires continuous communication and planning for the various work groups. One thing common in all of the planning meetings is an aerial image overview of the minesite area. The aerial image is the center of all the discussions. The aerial image is currently being purchased from an outside vendor. Due to the importance of the imagery for safety purposes Falkirk Mine has a goal to update imagery on a more frequent manner for the safety of its employees

. Using a vendor will not accomplish this due to the time delay o f obtaining the final product. An in

- house UAV is the tool that will accomplish this invaluable safety data on demand and very quickly f or the ultimate safety and welfare of each Falkirk Mine employee.

The requested exemption would authorize FMC to perfor m commercial operations with a UAV in the approved permitted a rea.

These services will be augmented by use of either or all of the following: The eBee, a fixed wing UA V manufactured by SenseFly, A Parrot Company ("SenseFly")

The UX 5, a fixed wing UA V manufactured by Trimble Navigation Limited ("Trimble")

The requested exemption would authorize commercial operations using these UAVs for land

survey and safety applications. These operations will be subject to strict operating and conditions defined by t he UAV manufacturer's standards and procedures

Upon receipt of the exemption contemplated herein, FMC shall, if required, obtain a Certificate

of W aiver or Authorization (COA) fro m the FAA prior to conducting operations in the national air space

.

Further

, the use of a UAV in the FMC lands controlled by virtue of state permit

, will be performed under the supervision of a Professional Land Surveyor whom, by virtue of his or her experience and licensing, technical knowledge of GPS, plane geometry, trigonomet ry and spherical geometry along with a full understanding of the rights of all owners of property both above and below its limits inherently and uniquely make the FMC ’s lands a particularly well suited entity for the safe and efficient commercial use

of UAVs. In fact, certain aspects of the contemplated services using UAV’ s are regulated by State Lawand Regulation promulgating the licensing of land surveyors as outlined in the North Dakota State Board

for Profession al Engineers and Land Surveyors adminis trative code.

By this petition, FMC seeks an exemption that will au thorize it to use the eBee or UX 5 for safety purposes provided its operators comply with any terms and conditions of

the F AA ’ s anticipated grant of exemption, including the procedures and requirements set forth in the respective manufacturer's user manuals

Under the requested exemption, FMC as operator of the eBee and the UX5 will ensure that the aircraft will be operated, under the direct supervision of a Professional Land Surveyor and by an individual who has completed the UAV manufacturer's training program for operation

of the UAS.

1. CHARACTERISTICS OF THE AIRCRAFT

Both the eBee and the UX5 are a small and ultra

- light platform that perform precision aerial mapping missions using onboard GPS and related proprietary flight management software that allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in realtime. An embedded camera, protected by a foam envelope, takes a collection of high

- definition still images that are used later to generate photographs, maps and contour lines of the surveyed

area.

The four main characteristics of the UAVs are:

a. Very light weight The vehicles are so light enough that the operator can launch it b y hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Their low kinetic energy also significantly reduces the risk of hazardous situations. Finally, wings are detachable and

made of flexible foam with no sharp or hard edges and almost no internal strengthening

structure.

b. Electric

- powered

The UAVs are electric

- powered. A brushless engine technology makes it silent and reliable. The propeller can easily flex away in case of conta ct with any object.

c. Semi

- automatic flight The artificial intelligence incorporated within the UAVs autopilot system continuously analyzes

data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight u nder the supervision of the operator.

d. Option for Manual control Additionally, the UAVs provide an override capability that allows the operator to manually initiate autonomous actions during the flight such as "return home", "land" or, "hold and resume the mission". The operator can also suspend automated operations and take manual control of the aircraft should it become necessary to respond to emergency circumstances, thanks to the remote controller provided with the system.2. APPLICATIONS AND AD DED VALUE OF THE UAVs

Mapping applications may include agricultural applications, mining, construction and survey/GIS operations. There are many operational benefits related to the use of this solution:

a. The UA V’ s bring safety to daily survey operations: there is no need for the humans to access danger ous working areas anymore (mining pits

, spoil piles , or rough uneven areas ). The missions

can be programmed and reproduced reliably as often as needed for regularly updated maps.

b. The UA V’ s are a cost

- effective solution. It is cheaper to operate a UAS rather than an aircraft or other ground systems for the same results

c. Users can save time and work more efficiently by using a UAV . A mission does not need a long preparation time or long deployment constraints, or long waiting time for perfect weather conditions unlike, for example, the use of satellites and aerial photography . Initial results are accessible directly on

- site, which is impossible with images provid ed by satellites or manned aircrafts.

d. Lastly, but most importantly, is the safety factor of allowing a visual view of the minesite while keeping the employee a safe distance away. The ability of UAV to remotely gather data in a safe manner

cannot be co mpleted as safe or timely with any other current technology.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment SenseFly has demonstrated their respective airworthiness through many and varied national international projects, invo lving state/federal agencies or universities (among others the New Mexico State University: https:/ /newscenter.nmsu.edu/ Articles/view II 0208/nmsu

- uas

- flighttestcenter

conducts

- ebee

- airworthiness

- assessment, and the US Army Corps of Engineers ("USACE") New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover, SenseFly has obtained flight approvals for the eBee from the national civil aviation authority in many c ountries, including:

Switzerland (flight approval for Visual Line of Sight "VLOS" operations) Canada (flight approval for VLOS operations) Australia (flight approval for VLOS operations) France (flight approval for Extended

- VLOS operations) Germany (flight approval for VLOS operations) United Kingdom (flight approval for VLOS operations) Norway (flight approval for VLOS operations) Sweden (flight approval for VLOS operations) Denmark (flight approval for VLOS operations)

Trimble believes that it has shown compliance with the requirements of Order 8130.34C, Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft, in its pending SAC application for the UX5. The criteria set forth in the Order specify the substantive

sho wings of the device's safety and fitness for operation to ensure that the FAA has sufficient

basis to evaluate the aircraft's safety. Trimble submits that completion of the SAC process for the UX5 provides assurance of the public safety for the aircraft ty pe, given the prior review by the FAA under Part 21 for the predecessor model, the X

- 100, in connection with the issuance of

a SAC for the X

- 100

.Grant of the exemption to FMC will be subject to the following operating conditions, The

operator proposes the following conditions and/or limitations, which were accepted by

the FAA.

1. The UA V will weigh less than 55 lbs. Operations will be limited to the SenseFly eBee and

the Trimble UX5.

2. Flights will be operated within visual line of sight (VLOS) of a Pilot in Command (PIC) and/or Visual Observer (VO).

3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. The UAS will only operate within a confined, preprogrammed survey area.

6 . Pilot and observer will have been trained in operation of UAV and received up to

date information on the particular UAS to be operated as required in the User Manuals.

7 . PIC and VO will at all times be able to communicate by voice and/or text.

8

. All lands from the relevant property holders will be in direct control of the FMC and

. all required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

9 . If the UAV looses communications or looses its GPS signal, the UAS will have capability

to return to a pre

- determined location within the Survey Area and land.

10. The UAV will have the capability to abort a flight in case of obstacles or emergencies.

11 . Prior to each fli ght the PIC must inspect the UAV to ensure it is in a condition for safe

f light

. All maintenance and alterations must be properly documented in the aircraft records.

12 . The operator must follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance, component, overhaul, replacement, and inspection /maintenance requirements must be established and identified in the operator's manual. At a minimum, the following must be included in the operator's manual:

13 . If planned operations occur within 5 miles of Commercial Services Airport as defined by

the F AA, the operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours

in advance, but not less than 48 hours prior to the operation.

14 . Before conducting operations, the radio frequency spectrum used for operation and

control of the UA V must comply with the Federal Communications Commission (FCC) or other appropriate governm ent oversight agency requirements.15 . The UA V must remain clear and yield the right of way to all other manned operations and

activities at all.

16. UAV operations may not be conducted during night

.

17. The UAV cannot be operated by the PIC from any moving device or vehicle.

18 . The UA V 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.

19 . The UA V may not operate in Class B, C, or D airspace without written approval from the

FAA. The UA V may not operate within 5 nautical miles of the geographic center of a non

- towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport's management is obtained

.

20 . Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to

the Federal Aviation Administration's (FAA) 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. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided.

The agreement to this requested exemption would authorize FMC the ability to provide SAFE , reliable

and accurate land ma pping information to safeguard the FMC employees with the use of the latest innovative technology associated with remotely piloted aircraft.

Thank you,

Gregory A. Obrigewitch, PLS Falkirk Mining CompanyANNEXA

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS
UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

FMC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the SenseFl y eBee and the Trimble UX5 ("UAVs ):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirement s for the issuance of airworthiness certificates as required by FAR§ 91.203(a). Given the size of the Uavs, their very light weight and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthi ness process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 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

an d populated areas of the UAS involved. An analysis of these different criteria demonstrates that the UAvs operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventiona l aircraft with an

airworthiness certificate.

14 C.F.R. § 45.23 

### & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. A dditionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs, this requirement is impossible to match. A suitable letter size will

be selected.

14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first

- class medical certificate:

• When exercising the pilot

- in

- command privileges of an airline transport pilot certificate;

• When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or • When serving as a required pilot flight crewmember in an ope ration conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

• Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or • Privileges of a commercial pilot certificateGiven the size of the UAVs, their structure, the limited flight area, and the safety features integrated i n the autopilot (among others a flight termination system), FMC believes that an Equivalent Level of Safety Training can be reached from the mandatory monthly Safety Training that FMC provides each employee

.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. 

### § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot f light crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exerci sing the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot cert ificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that busi ness or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAVs and the fact that the missions are pre

- programmed and

monitored in real

- time with a specific flight management software, FMC proposes that operators of the UAVs should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:

• Have a v alid driver's license, which shows the ability to follow safe operating instructions for a man

controlled vehicle be it with tires or in the air.

• Have completed the UAV manufacturers training program for operation of the UAS. The manufacturer's training program for eBee operators h as been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR). The equivalent level of safety for the UX5 will be achieved by having an operator complete the

manufacturer’s trainin g program which has been approved by the FAA through its Special Airworthiness Certificate process.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 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 demonstrates that the UAS operated without an airworthiness certificate, in the

restricted env ironment and under the 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.In addition Trimble Navigation LTD. has been issued an FAA Special Airworthiness Certificate in the Experimental Category for the UX5( 14 CFR 21.191, FAA

- 2014

- 0367).

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in In close proximity to the operator.

The equivalent level of safety will be provided by having the UAV s marked on its fuselage as required by §45.29 (f) where the pilo t, observ er and others working with the UAV will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 91.109(a): Flight Instructio n

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety during the in

- flight training will be achieved by the manufacturer or affiliate providing the training as described in the manufacturer's training program and through the use of experienced and qualified instructors familiar with the UAVs operations.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.11 9 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to opera te at altitudes up to 400 AGL, i t will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed t o operations without their pre

- obtained consent

. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property

owner or local officials. Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft.

14 CFR 91.121: Altimeter settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter setting availabl e before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level of safety will be achieved by the operator confirming the altitude of the
launch site shown on the GPS altitude indicator before flight.14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day

- VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. As the UAVs are electric

- powered, this requirement is inapplicable. In any event, given the contemplated operations, FMC believes that an equivalent level of safety is already achieved with the specific procedure preventing the UAVs accepting a take

- off order is the battery level is below a given value. Moreover, the manufacturers have integrated low and critical
battery le vel warnings and implemented a "return to home" action in these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

• No person may operate a civil aircraft unless it has a n appropriate and current airworthiness

certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91. 715 is displayed at the c abin or cockpit entrance so that it is legible to passengers or crew.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAV will have immediate access to them, to the extent they ar e applicable to such UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR Subpart E (91.401

- 91.417): Maintenanc e, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require the airc raft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the

issuance of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to

service.

FMC proposes that the maintenance of the UAVs will be accomplished by the owner or the operator according to the manufacturers user manuaL

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to the applicant

. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced herein. An equivalent level of safety will be achieved because these small UAVs are very limited in size and will ca rry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the eq uivalent level of safety.