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 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 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 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 agriculture applications, Digital Terrain Modeling, inf rastructure 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 ima gery 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 perform 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 UAV manufactured by SenseFly, A Parrot Company ("SenseFly") The UX 5, 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 Lawand Regulation promulgating the licensing of land surveyors as outlined in the North Dakota State Board

for Professional Engineers and Land Surveyors adminis trative code. By this petition, FMC seeks an exemption that will authorize 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 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 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 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 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 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 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 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 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 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**AN NEXA** 

**EXEMPTION REQUEST AND EQUIVA LENT**  **LEVEL OF SA FETY SHOWINGS**  **UNDER A PPLICA**  **BLE 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: A irworthiness 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 ver y 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 num ber 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: • W hen exercising the pilot

- in

- command privileges of an airline transport pilot certificate; • Wh en 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 • W hen 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 s ys tem), 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 com pensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ me nt if: (1) The flight is only incidental to that busi ness or employ me nt; (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 mo nitored in real

- tim e 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 ma nufacturer's training program for eBee operators h as been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (A WR ). The equivalent level of safety for the UX5 will be achieved by having an operator complete the ma nufacturer’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 lim ited 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 UAVs ma rk ed 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 A ltitudes**  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: A ltimeter 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 A ircraft 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 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): Maintenanc e, Preventive Maintenance, and**  **Al terations**  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 me chanics, 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 lim ited in size and will ca rry a sm all pa yl oad 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.