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 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. 

The Basis for Our Decision 

By letter dated January 2, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Falkirk Mining Company (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate 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, Certification 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, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, 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 collection. 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, 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) 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, Falkirk Mining Company is hereafter referred to as the operator. 
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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 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 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 
4 

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 
5 

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 FAApublished 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 predetermined 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 five 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 (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 
6 

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. 
7 

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. 

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
U.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 Systems" 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 Federal Aviation Regulations ("FARs") 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 1st 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 and 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 Company 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 agriculture applications, Digital Terrain Modeling, 

infrastructure reconnaissance and inventory with GIS applications in mind. The above mentioned 

applications are directly tied to operations at the Falkirk Mine. The ultimate use of a UAV on permitted 

areas is the direct relationship to the safety of every Falkirk 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 of obtaining the final product. An in-house UAV is the tool that will accomplish this invaluable 

safety data on demand and very quickly for the ultimate safety and welfare of each Falkirk Mine 

employee.

The requested exemption would authorize FMC to perform commercial operations with a UAV in the 

approved permitted area. 

These services will be augmented by use of either or all of the following:

The eBee, a fixed wing UAV manufactured by SenseFly, A Parrot Company ("SenseFly")

The UX5, a fixed wing UAV 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 the UAV manufacturer's standards and procedures

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

of Waiver or Authorization (COA) from 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, trigonometry 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 Law 
and Regulation promulgating the licensing of land surveyors as outlined in the North Dakota State Board 

for Professional Engineers and Land Surveyors administrative code.

By this petition, FMC seeks an exemption that will authorize it to use the eBee or UX5 for

safety purposes provided its operators comply with any terms and conditions of

the FAA’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 by 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 contact 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 under 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 ADDED 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 UAV’s bring safety to daily survey operations: there is no need for the humans to

access dangerous 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 UAV’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 provided 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 completed 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, involving state/federal agencies or universities (among others the New

Mexico State University: https:/ /newscenter.nmsu.edu/ Articles/view II 0208/nmsu-uas-flighttestcenterconducts-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 countries,

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

showings 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 type, 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 UAV 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 todate 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 flight the PIC must inspect the UAV to ensure it is in a condition for safe

flight. 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 FAA, 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 UAV must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.
15. The UAV 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 UAV 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 UAV may not operate in Class B, C, or D airspace without written approval from the

FAA. The UAV 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 mapping 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 Company
ANNEXA

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 SenseFly 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 requirements 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 airworthiness 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

and 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 conventional 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. Additionally, 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 operation 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 certificate
Given the size of the UAVs, their structure, the limited flight area, and the safety features

integrated in 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 flight 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 exercising 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 certificate 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 business 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 valid driver's license, which shows the ability to follow safe operating instructions for a mancontrolled 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 has 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 training 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 environment 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 UAVs marked on its fuselage as

required by §45.29 (f) where the pilot, observer 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 Instruction

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 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests

authority to operate at altitudes up to 400 AGL, it will however be operated in a restricted area

with security perimeter, where buildings and people will not be exposed to 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 available 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 level 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 an 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 cabin 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 are

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): Maintenance, 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 aircraft 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 carry 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 equivalent level of safety.