www.pillsburylaw.com

Kenneth P. Quinn

kquinn@pillsburylaw.com

Pillsbury Winthrop Shaw Pittman LLP

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

February 24, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam:

On behalf of our clients, Freeport-McMoRan, Inc. (“Freeport”) and Prioria Robotics, Inc.

(“Prioria”), and pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the “Reform Act”) (“Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 

11, we request an exemption from the Federal Aviation Regulations (“FARs”) listed below 

and discussed in Appendix A to allow Freeport to conduct commercial operations with 

Prioria’s Maveric small Unmanned Aircraft System (“sUAS”) (the “Maveric”) to provide 

surveying and mine-related services at Freeport’s U.S. mines, which are primarily located in 

remote unpopulated areas with minimal air traffic. These services include obtaining still 

photographs, real-time video, and other data taken by onboard sensors to monitor blasting 

operations, environmental conditions, and mine security. 

Performing these mining services with a sUAS is in the public interest for several reasons, 

which are detailed further herein and include: (1) minimizing safety risks inherent in manned 

operations, both in the air and on the ground; (2) inspecting locations where humans are not 

able to go; (3) enhancing capabilities to utilize the sUAS to assist first responders on safety or 

environmental incidents; (4) improving access control/security to mining sites; and (5) 

monitoring environmental conditions.

The battery-powered Maveric weighs 2.6 pounds and has a flight time of 40-75 minutes

depending on operating conditions. It employs a self-stabilizing aircraft configuration with 

stability augmentation avionics that provides ease-of-control and steady video imagery. Its 

high-performance design leverages advanced composite materials, innovative electronics, and 

cutting-edge sensor technology to increase mission capabilities and make Maveric a reliable
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and accurate solution to meet a variety of industry needs. The Maveric has operated in the 

United States under two Certificate of Waiver or Authorizations (“COAs”).

1

 Additionally, 

the Maveric has received operating approvals in Canada and Australia, and has been operated 

by the U.S. Army. Operations under the exemption will be conducted under the limitations 

and conditions set forth in Appendix B and as may be modified by the FAA as required by 

Section 333.2

Use of the Maveric in Freeport’s mining operations as proposed herein would provide 

significant public safety benefits over existing inspection operations, while operating safely 

within the National Airspace System (“NAS”). Use of sUAS offer numerous safety benefits 

for operations on the ground. First, the use of sUAS would alleviate the need for personnel to

perform difficult manual inspections of safety berms and mining conditions along narrow 

pathways several hundred feet above the mine’s floor. And, sUAS will be able to more 

quickly and thoroughly assess safety conditions of roads used by vehicles. Second, use of 

sUAS during blasting operations would increase situational awareness of the surroundings 

and help prevent blasting if wildlife or unauthorized personnel gain access to the property. 

Third, use of sUAS would improve Freeport’s ability to routinely inspect the mine’s leaching 

operations and would reduce the need for personnel to access the top of the leach operation. 

Finally, the use of sUAS would improve visual access to areas that are off limits to foot traffic 

and machinery due to risk of unstable, shifting earth or moving water. The use of sUAS 

would provide Freeport with additional data it can use to conduct safer and more efficient 

mine operations.

For inspections now conducted by manned aircraft, use of the sUAS for these services will 

reduce the need to operate manned aircraft in a difficult environment and reduce the 

environmental impact of conventional aircraft operations. In addition, the small, lightweight, 

and easily controllable operating characteristics of the Maveric provide for safe operations 

over Freeport’s locations. Freeport also maintains strict control over access to its mines, 

requires all personnel to wear personal protective gear, including hard hats and safety glasses, 

 

1 Certificate of Waiver or Authorization 2011-ESA-26, issued to the Department of Energy Oak Ridge National 

Laboratory, and Certificate of Waiver or Authorization 2012-WSA-53, issued to Oregon State University.

2 While Freeport has modeled its request off of Part 333 exemption grants as of the date of its application,

Freeport requests that the FAA treat Freeport’s application as requesting the most lenient relief granted to 

similar applicants at the time of adjudication. Additionally, should the FAA modify any of its sUAS operating 

conditions through exemptions or otherwise after adjudicating Freeport’s application, Freeport requests 

blanket approval to operate its sUAS in accordance with the more lenient operating conditions. Freeport 

reserves the right to supplement or amend its application.
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and mandates site-specific safety training, all of which further reduce safety risks associated 

with the use of the Maveric.

Although the Maveric can be operated by one person, Freeport flight operations will always 

involve at least two people as required by the FAA: a pilot-in-command (“PIC”) and a visual 

observer (“VO”). The PIC is responsible for flying the sUAS, monitoring its status and flight 

dynamics, while keeping the flight within the manufacturer’s specified operational limits to 

ensure safe operation of the vehicle. VOs will be responsible for monitoring the airspace for 

other aircraft and hazards and advising the PIC before and during flight of all such observed 

risks. In addition to completing either Freeport training taught by a Prioria-accredited trainer, 

Prioria sUAS operator training, or Cochise College’s UAS training program, the PIC will 

hold at least a private pilot certificate and third-class medical certificate.

Applicant Information:

The name of the applicant is:

Freeport-McMoRan, Inc.

The primary contact for this application, with a copy to me at the address above, is:

Leon DuPlessis

Chief Engineer

3350 E Valencia Rd, Tucson, AZ 85706

Phone: (520) 229-6561

Email: leon_duplessis@fmi.com

Exemptions Requested

Freeport requests exemptions from the following regulations:

14 C.F.R. Part 21;

14 C.F.R. 61.113(a) and (b);

14 C.F.R. 91.7(a);

14 C.F.R. 91.119(c);

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(1) and (2);

14 C.F.R. 91.417(a) and (b).
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Airworthiness of the sUAS

The Maveric has been shown to be airworthy and compliant through a history of granted 

flight operations in the United States, Canada, and Australia and successful flights in all three 

countries. The U.S. Military has accepted the Maveric for use as well and has flown it since 

2011 in places like Afghanistan. Globally, the Maveric has amassed over 4,000 flight hours. 

For additional safety, the Maveric is equipped with automated features that ensure safe 

takeoff, flight, and landing in many conditions, further details of which are provided in 

Appendix C.

In support of this application, Freeport will submit, under separate cover and with a request 

for confidentiality, the Maveric Operator’s Manual (“Operator’s Manual”).

Operating Conditions

Freeport requests an exemption subject to the conditions listed in Appendix B, which are 

substantially similar to the operating conditions required for the FAA’s previous grants of 

exemptions under Section 333.

In accordance with the conditions approved in previous exemption grants, Freeport is 

requesting authority to operate the Maveric within visual line of sight and below 400 feet 

AGL except as provided by FAA Air Traffic Control via COA. Given that the mining sites 

are not flat, Freeport will use the elevation of the highest predominant terrain within 1 mile of 

the launch point and within the visual line of sight as a ground reference point to establish the 

400 feet ceiling.

3

 In other words, Freeport will not operate the Maveric any higher than 400 

feet above the highest point within 1 mile from the launch point, and will only do so provided 

the UAS is within the line of sight. These operating conditions, along with those listed in 

Appendix B, would provide an equivalent level of safety for the reasons described below. 

First, Freeport’s mines are generally located in remote areas that rarely see air traffic. By way

of example, one of Freeport’s mines located in Morenci, Arizona (the “Morenci Mine”) spans 

an area of approximately 32 nautical miles, and ranges in elevation from 7,000 feet AMSL to 

3,500 AMSL. As the Google Earth image below shows, the Morenci Mine is located miles 

from any sizeable population and over 130 miles from the nearest commercial airport – the 

 

3 The Maveric is visible up to 2,000 meters (1.24 miles) in a clear sky, making the selection of the predominant 

terrain within 1 mile of the launch point as a ground reference a logical and easily manageable reference.
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Grant County Airport – in Silver City, New Mexico. The mine is located approximately 10 

miles from Greenlee County Airport, which averages about 21 aircraft operations a week.4

Figure 1: Google Earth image of Morenci Mine

 

4 AirNav.com, Greenlee County Airport, https://www.airnav.com/airport/KCFT (last visited Jan. 26, 2015). 

Additionally, the airspace above the Morenci Mine from 1,500 ft AGL to 18,000 ft AMSL is a Military 

Operations Area that is active from 6:00 am to 9:00 pm, Monday through Friday.
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Figure 2: Morenci Mine 

Figure 3: Morenci Mine – Each bench is approximately 50 ft 
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Figure 4: Morenci Mine 

Figure 5: Morenci Mine 
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Second, flight operations near the Morenci Mine, like other mine locations, are limited due to 

the terrain. In addition to the requirement that pilots must fly at least 500 feet AGL, the FAA 

recommends that pilots operating under Visual Flight Rules (“VFR”) fly over ridges with at 

least 1,000 feet clearance.5 Pilots flying under instrument flight rules (“IFR”) over 

mountainous areas must fly at “an altitude of 2,000 feet above the highest obstacle within a 

horizontal distance of 4 nautical miles from the course to be flown.”6 Given the locations of 

this and Freeport’s other mines and FAA minimum flight altitudes, the Maveric will be able 

to operate below altitudes for manned aircraft.

Third, the PIC will operate the Maveric from higher elevations in the mine such as a road or 

elevated hill surrounding the pit, allowing the PIC to maintain full visibility of the airspace 

over the mine to avoid any manned aircraft. Freeport will use a second VO who will stay in 

radio contact with the PIC if the terrain warrants it. Additionally, Maveric’s nose camera will 

provide real-time video of the Maveric’s environment that the PIC can use to avoid any 

airborne aircraft and other obstacles. 

Fourth, Freeport’s operational procedures will require PICs to suspend all sUAS operations

when a manned aircraft operates within the mine’s boundaries, greatly reducing the risk to 

any manned aircraft. The PIC will be able to immediately land the sUAS when the PIC or 

VO spot another manned aircraft within the planned area of operations or mine safety 

personnel direct cessation of sUAS operations.

Fifth, Freeport maintains strict control over access to its mines, requires all personnel to wear 

personal protective gear, including hard hats and safety glasses, and mandates site specific 

safety training, which will include sUAS safety procedures. Non-participant Freeport 

employees will carry radios and be alerted before sUAS operations begin. These safeguards, 

along with the sUAS’s light weight, provide an equivalent level of safety for non-participants 

to be closer than 500 feet. 

Sixth, the Maveric is equipped with visible strobe lights that will alert any manned aircraft in 

the area to its position. 

 

5 FAA Aviation Safety Program, Tips on Mountain Flying, available at 

https://www.faa.gov/regulations_policies/handbooks_manuals/aviation/media/tips_on_mountain_flying.pdf. 

Pilots operating under VFR also must operate at an altitude that would allow them to make an “emergency 

landing without undue hazard to persons or property on the surface.” 14 C.F.R. § 91.119(a).

6 FAR 91.177(a)(2)(i).
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Seventh, the Maveric’s flight software provides many built-in functional and safety features to 

assist the PIC in safe and reliable operation. The Maveric can operate autonomously in 

“Navigation” mode. In Navigation mode, the PIC selects way points, rally points, and a 

landing area before launching. The sUAS then uses GPS navigation to follow the pre-selected 

flight path. The sUAS also can be flown in a semi-autonomous mode in which the sUAS 

flight software maintains a pre-set altitude and airspeed and the PIC controls heading. 

Additionally, the Maveric’s flight software allows the PIC to set certain failsafes, i.e. actions 

the sUAS will take in response to loss of link, loss of GPS, and low battery regardless of the 

flight mode in which the sUAS is currently operating. For example, the PIC can configure the 

failsafe so that, in a loss of link situation, the sUAS flies to a pre-set waypoint and loiters for a 

short time to give the sUAS time to re-connect with the ground control station and lands at a 

pre-set landing spot if loss of link persists beyond a pre-determined length of time. The PIC 

can do the same for both loss of GPS and low battery situations. 

Finally, any risk presented by possible helicopter medical evacuation flights would be 

mitigated by requiring the PIC to terminate sUAS operations at the command of mine safety 

personnel. The PIC will maintain constant radio contact with mine safety personnel.

Freeport requests authorization to operate the Maveric less than 500 feet from 

nonparticipating mine employees without barriers or structures to protect them, provided they 

wear customary safety gear (e.g. hard hats). An equivalent level of safety is provided because 

the Maveric’s weight, materials, and reliability, along with the required operator training and 

operating environment, prevent the Maveric from posing a serious risk to mine employees 

wearing personal protective gear.7

 The safety assessment includes consideration of the 

Maveric’s mean time between failures (“MTBF”)8—calculated with a large degree of 

confidence from the operation of the Maveric for over 4,000 hours—and its low kinetic 

energy. 

Operator Requirements

As a condition to the grant of the exemptions, Freeport will require that the PIC hold a private 

pilot certificate and a valid third-class medical certificate. The PIC will have accumulated 

 

7 Based on guidance issued in Exemption No. 11109, Freeport and Prioria will submit a safety assessment, under 

separate cover and with a request for confidentiality, to support their request for additional relief regarding the 

proximity of non-participants.

8 Prioria’s MTBF analysis will be submitted under separate cover with a request for confidentiality.
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and logged a minimum number of flight cycles and hours for daytime operations, as required 

by the FAA. The PIC will also be subject to the FAA flight review requirements.

The PIC and all observers will be required to have completed a Freeport training course 

taught by a Prioria-accredited trainer, Prioria’s training program, or Cochise College’s UAS 

training program.9

Freeport respectfully submits that the operator qualifications take into account the operating 

conditions and characteristics of the particular sUAS. 

Public Interest

Freeport respectfully submits that its use of the sUAS in lieu of manned operations, which are

currently conducted with conventional fixed wing and rotary aircraft, offers a net safety 

benefit and will achieve an enhanced level of safety, as mandated under Section 333(c) of the 

Reform Act. Approval of this application also will benefit the public interest by allowing 

better, safer, and more cost efficient information gathering for the mining industry.

Conventional aerial survey and inspection operations using manned aircraft involve very 

heavy aerial vehicles that must transit to the operational location and carry significant 

quantities of combustible fuels and a multi-person crew in piloting and observation roles. 

These operations become even more difficult in the mining industry due to the terrain. By 

contrast, the Maveric weighs 2.6 lbs., including its payload, uses a battery for power, is 

carried to and from the area of activity, removes the need for airborne pilots and observers, 

and poses less risk to people and infrastructure on the ground, as well as other aircraft.

Additionally, no national security issue is raised by the grant of the requested exemptions due 

to the Maveric’s small size and load-carrying capacity, as well as its operational limitations 

and absence of flammable fuel. All PICs will have been screened by the Department of 

Homeland Security. On the other hand, the Maveric is likely to enhance national security 

through better and more accurate monitoring of critical national infrastructure.

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 and 49 U.S.C. § 44701(f),

10 the equivalent and enhanced level of safety of the 

 

9 Prioria and Freeport have a relationship with Cochise College and its aviation program, which owns and 

operates the Maveric system as part of the school’s UAS program of study. Cochise College has a COA 

application under review with the FAA. More information about Cochise College’s UAS program is available 

at http://www.cochise.edu/catalog/uas---unmanned-aircraft-systems.htm. 
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proposed operations, the significant public benefit, and cost savings to be realized as a result 

of the use of sUAS for aerial inspection and survey services. Moreover, the FAA has granted 

similar exemptions for sUAS used to conduct high resolution aerial imaging and surveying 

operations.11 Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.

Privacy Concerns

The proposed operations will take place only in largely unpopulated, remote areas that are 

owned or leased, and access controlled by Freeport. Access to these areas is restricted to 

employees and authorized personnel only. No privacy issues are raised by this application.

Federal Register Summary

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

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

Docket No.: No. FAA-2015-____

Petitioner: Freeport McMoRan, Inc.

Section of 14 CFR: Part 21, § 61.113(a) and (b), § 91.7(a), § 91.119(c), § 91.121, 

§ 91.151(a), § 91.405(a), § 91.407(a)(1), § 91.409(a)(2), § 91.417(a) and (b).

Description of Relief Sought: Freeport is seeking an exemption to conduct 

commercial mining-support operations using a small unmanned aircraft (55 pounds or 

less) in remote areas of the United States.

 

(... continued)

10 Under 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of [Title 49] if the 

Administrator finds the exemption is in the public interest.”

11 See Exemption Nos. 11109, 11110, 11136, 11166, 11167, 11170, 11172. Freeport requests that the FAA not 

request public comment on its application because it would not set a precedent and because the relief 

requested is identical to exemptions granted previously. 14 C.F.R. § 11.87.
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Sincerely,

Kenneth P. Quinn

cc: Leon DuPlessis, Freeport-McMoRan, Inc.

Bryan da Frota, Prioria Robotics, Inc.
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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Freeport requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Maveric sUAS:

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

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by § 91.203(a)(1). 

Given the size and weight of the aircraft, the operating conditions, design safety features, and 

the proposed conditions and limitations, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H 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. Section 333 and 49 U.S.C. § 44701(f) 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 sUAS 

involved.

In this case, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. 

The Maveric weighs 2.6 pounds fully loaded. It will not carry a pilot, passenger or flammable 

fuel. The Maveric operates exclusively within a controlled area pre-disclosed and in 

compliance with conditions set forth herein. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the PIC and observer(s), pursuant to 

the conditions set forth in Appendix B, the Operator’s Manual, and local public safety 

requirements. The FAA will have advance notice of all operations through the filing of 

NOTAMs. The lack of flammable fuel and the fact that the aircraft is carried to the location 

and not flown there all establish the equivalent level of safety. The sUAS provides at least an 

equivalent level of safety to that of such operations being conducted with conventional 

aircraft that would be orders-of-magnitude larger and would be carrying passengers, cargo, 

and flammable fuel. 

14 C.F.R. §§ 61.113(a) & (b): Commercial Pilot Privileges

Sections 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the Maveric is remotely 

controlled with no passengers or property of others on board. The area of operation is 
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controlled and restricted, and all flights are planned and coordinated in advance as set forth in 

the Operator’s Manual. In conjunction with the required training of the PIC and observers, 

the level of safety provided by the requirements included in the Operator’s Manual exceeds 

that provided by a single individual holding a commercial pilot certificate operating a 

conventional aircraft. The proposed operations will achieve at least an equivalent level of 

safety.

14 C.F.R. § 91.7(a): Minimum Safe Altitudes

Section 91.7(a) prohibits an individual from operating a civil aircraft unless it is in an 

airworthy condition. No FAA standard exists for determining an aircraft’s airworthiness 

when an airworthiness certificate is not issued. As the FAA has done with previous 

exemption grants,12 airworthiness will be ensured and an equivalent level of safety will be 

achieved by compliance with the operating documents prior to every flight.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

Because some of the aerial inspection and survey work must be accomplished at altitudes less 

than 500 feet AGL and nonparticipating mine employees will be working within 500 feet of 

the sUAS, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved because Freeport’s mine employees are 

required to wear personal protective gear and because the Maveric, given its size, weight, 

speed, and materials, does not pose a serious risk. Also, every flight will be conducted over 

land owned or controlled by Freeport. Because Freeport will notify its mine employees in

advance of Maveric operations, all effected individuals will be aware of the flights. Compared 

to aerial inspection operations conducted with aircraft or rotorcraft weighing far more than 2.6

pounds and carrying flammable fuel, any risk associated with these operations will be far less 

than those currently allowed with conventional aircraft operating at or below 500 feet AGL. 

 

12 Exemption Nos. 11156, 11158, 11159.
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14 C.F.R. § 121: Altimeter Setting

Section 121 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 sUAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption is required. An equivalent level 

of safety will be achieved by the operator, pursuant to the Operator’s Manual, 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 

This regulation prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to 

fly to the first point of intended landing and, assuming normal cruising speed – (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.”

The Maveric batteries provide approximately 40-75 minutes of powered flight. Without an 

exemption from 14 C.F.R. § 91.151, the Maveric’s flights would be limited to approximately 

10 minutes in length because the PIC would require the last 30 minutes to satisfy section 

91.151(a). Given the limitations on its proposed operations, a longer time frame for flight in 

VFR conditions is reasonable. 

Freeport believes that an exemption from 14 C.F.R. § 91.151(a) provides an equivalent level 

of safety and is consistent with prior exemptions.13 Operating the sUAS, without 30 minutes 

of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to 

prevent given the size and speed at which the sUAS operates. In the unlikely event that the 

sUAS’ battery runs low, it would simply follow the pre-programmed command to land at a 

designated location. Given its weight and construction material, the risks are less than 

contemplated by the current regulation. 

Freeport believes that an equivalent or enhanced level of safety can be achieved by 

maintaining 10 minutes of reserve power which, allowing at least 30 minutes of flight time, if 

not more, would be more than adequate to return the sUAS to its planned landing zone from 

anywhere in its limited operating area. 

 

13 Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)); see 

also Exemptions 2689F, 5745, 10673 and 10808.
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14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a): Maintenance 

Inspections 

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 

of this chapter.” Section 91.407 similarly makes reference to requirements in Part 43. 

Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness 

certificate. Section 91.417(a) 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. 

Pre-flight checks will be performed by a qualified person prior to each flight and at predefined 

intervals as part of the maintenance schedule. 

The pre-flight checklist includes: 

1. Visual inspection of the airframe;

2. Visual inspections of propeller;

3. Verify GPS acquisition;

4. Plan and upload mission;

5. Video and payload check;

6. Controls check;

7. Gyro/control surfaces check;

8. Throttle check;

9. Check pitot tube readings;

10. Check sensors; and

11. Verify failsafes are set correctly.

An equivalent level of safety will be achieved because the sUAS will carry no external 

payload, will operate only in restricted predetermined areas, and is not a complex mechanical 

device. In addition, the operator will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance that is 

performed. Moreover, the operator is the person most familiar with the aircraft and is best 

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of 

safety. Last, the Operator’s Manual will have instructions to develop and document 

maintenance, overhaul, replacement, and inspection requirements in the absence of Prioria 

requirements, and procedures to document and maintain maintenance records for the sUAS.
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The sUAS maintenance guidelines provide an equivalent level of safety to the maintenance 

requirements in Part 91.
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APPENDIX B

FREEPORT OPERATING LIMITATIONS

1) Operations authorized by the grant of exemption are limited to the following aircraft: 

Prioria’s Maveric, which weighs less than 5 kg.

2) The sUAS shall not be flown at a ground speed exceeding 60 kts.

3) The sUAS will not be operated at an altitude more than 400 feet above the highest

predominant terrian except as may be provided by FAA Air Traffic Control (“ATC”) 

via COA. The highest predominant terrain is the defined as terrain within 1 mile of 

the launch point and within the visual line of sight of the PIC. All altitudes reported to 

ATC shall be in feet AGL.

4) The sUAS must be operated within visual line of sight 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.

5) All operations must use a VO. The VO and PIC must be able to communicate 

verbally at all times. The PIC must be designated before the flight. The PIC must 

ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents and this grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a conflict exists 

between the conditions and limitations in the exemption and the procedures outlined in 

the operating documents, the conditions and limitations in the exemption take 

precedence and must be followed. Otherwise, Freeport must follow the procedures as 

outlined in its operating documents. Freeport may update or revise its operating 

documents. It is Freeport’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. Freeport must also present 

updated and revised documents if it petitions for extension or amendment to this grant 

of exemption. 

7) Prior to each flight the PIC must inspect the sUAS to ensure that it is in a condition for 

safe flight. The PIC shall not operate the aircraft if the inspection reveals a condition 

that affects the safe operation of the sUAS until the necessary maintenance has been 

performed and the sUAS is found to be in a condition for safe flight. The Ground 

Control Station, if utilized, must be included in the preflight inspection. All 

maintenance and alternations must be properly documented in the aircraft records.
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8) Any sUAS that has undergone maintenance or alterations that affect the sUAS 

operation or flight characteristics (e.g., replacement of a flight critical component) 

must undergo a functional test flight in accordance with the Operator’s Manual. The 

PIC who conducts the functional test flight must make an entry in the aircraft records 

of the flight. The requirements and procedures for a functional test flight and aircraft 

record entry shall be included in the Operator’s Manual.

9) The pre-flight inspection must account for all discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

10) Freeport must follow Prioria’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

11) Freeport must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, alterations, and 

status of replacement/overhaul component parts must be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of 

the person authorized to return the sUAS to service.

12) Each sUAS operated under this exemption must comply with all manufacturer Safety 

Bulletins.

13) The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. The PIC must also meet the flight review requirements 

specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate.

14) Freeport may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the sUAS in a 

manner consistent with how the sUAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures.14 PIC qualification flight hours and 

currency must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The PIC 

must ensure that the VO is trained appropriately in order to fulfill his or her duties. A 

record of training and qualification must be documented and made available upon 

 

14 Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy 

this requirement.
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request by the Administrator. Flights for the purposes of training the operator’s PICs 

and VOs (training, proficiency, and experience-building), 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 these operating conditions.

15) Operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

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

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

16) The sUAS may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by Freeport’s COA. The letter of agreement 

with the airport management must be made available to the Administrator upon 

request.

17) The sUAS 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 sUAS loses communications or loses its GPS signal, the sUAS must return to a 

pre-determined location within the security perimeter and land or be recovered in 

accordance with the Operator’s Manual.

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

accordance with the Operator’s Manual.

20)sUAS operations must be completed within 30 minutes flight time.

21) Freeport must obtain an ATC-issued COA prior to conducting any operations under 

this exemption. This COA will also require the filing of the NOTAM not more than 

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

22) All aircraft operated in accordance with the requested exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. Part 47, and have identification 

(N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings 

shall be as large as practicable.
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23) The radio frequency spectrum used for operation and control of the sUAS must 

comply with Federal Communication (FCC) or other appropriate government 

oversight agency requirements.

24) The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the 

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

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

official upon request.

25) The sUAS must remain clear and yield the right of way to all other manned operations 

and activities at all times. 

26) The sUAS may not be operated from any moving device or vehicle.

27) The sUAS may not be operated over congested or densely populated areas. 

28) Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, structures, and public access roads unless:

a. The nonparticipating persons are authorized to access Freeport’s mine, have 

received Freeport’s safety training, and are wearing personal protective gear

(“Mine Parties”);

b. For non-participants who do not qualify as Mine Parties, barriers or structures 

are present that sufficiently protect them from the sUAS and/or debris in the 

event of an accident. The operator must ensure that nonparticipating persons

who are not Mine Parties remain under such protection. If a situation arises 

where nonparticipating persons who are not Mine Parties leave such protection 

and are within 500 feet of the sUAS, flight operations must cease immediately;

or

c. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

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.

29) Operations nearer than 500 feet to the PIC, VO, operator trainees or essential persons 

as defined in the operating documents are permitted if those operations do not present 

an undue hazard to those persons per § 91.119(a) as determined by the PIC.

30) All operations must be conducted over private or controlled-access property.
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31) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall 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. 
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APPENDIX C

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION

Freeport Corporate Overview: Freeport is a Delaware corporation with its headquarters in 

Phoenix, Arizona. Freeport is a premier U.S.-based natural resource company with an 

industry-leading global portfolio of mineral assets, significant oil and gas resources, and a 

growing production profile. 

sUAS Operating Overview: The Maveric is a fixed-wing aircraft constructed of a rugged 

carbon fiber composite with bendable wings that requires no assembly. It has fully 

autonomous operation for takeoff, navigation, and landing. 
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Parameter Characteristic

Wingspan 29.5 in

Length 26.5 in

Weight, with EO side-look payload 2.6 lbs

Wireless Range 5 – 15 km LOS

Cruise Speed (Best Endurance) 26 kts (30 mph)

Dash Speed 55 kts (63 mph)

Stall Speed 18 kts (21 mph)

Max wind 20 kts sustained, 30 kts gusting

Precipitation Light rain (0.1 inches per hour)

Flight Duration 45 – 70 minutes

Turn Rate 360 degrees in 12 seconds

Climb Rate 500 ft/min @ 2,000 AMSL

Launch Hand launch, tube launch optional

Landing Deep-stall, skid, net optional

Flight Control Autonomous or manual

Exterior Lighting Visible and IR Strobe Lights

Command and Control Frequency 350 MHz, 900 MHz

Video Bands 1.7 GHz, 2.4 GHz

The sUAS can be operated in fully autonomous flight modes. Creating pre-planned flight 

paths to fly in autonomous mode is as simple as clicking on the map to create a pre-planned 

flight path. Pre-mission waypoints, landing zone points, and flight area dimensions can all be 

entered during preflight, ensuring the sUAS operates only within specified parameters.

The Maveric includes many advanced safety features that makes it the safest choice for areas 

like Freeport’s mines. Built-in intelligent fault handling allows the sUAS to detect a system 

fault while in the air, and to automatically respond with a set command (one such option 

being to fly back to a pre-selected rally point and land). Faults that can be detected include: 

loss of communication, loss of GPS, and low battery levels. In addition, the operator can 

create no fly zones, and the system will visually and audibly warn the operator if the planned 

flight path would enter the no fly zone. 

Operator’s Manual – The Maveric Operator’s Manual will be provided under separate cover 

with a request for confidential treatment.

Power – The Maveric and its ground control station are both powerd by a Lithium polymer 

rechargeable battery pack. A new battery has a fully charged voltage of approximately 12.4V. 

A “full-pack” has a capacity of 4 Amp-hours. An additional “half-pack” can be installed for 

extended operation. A new “half-pack” has a fully charged voltage of 12.4V and a capacity of 
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2 Amp-hours. The Maveric’s battery charge is displayed in real-time on the ground control 

terminal, ensuring maximum flight duration and safety. 

Takeoff and Landing style/type – The Maveric is hand launched and can be tube launched 

with additional equipment. The Maveric lands by returning to a pre-determined rally point 

and beginning a spiral descent. Once it reaches a pre-selected altitude, it heads toward the 

landing waypoint, descending until it lands and skids to a stop.

Navigation System – Specific maps can be downloaded to the display screen (such as air 

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

be created before and during flight operation creating specific locations and sequences for the 

aircraft.

Defined “Keep Out” Areas – The navigation software allows for preplanning Keep Out 

Areas that allow the operator to designate airspace he or she does not want the Maveric to 

enter. If defined flight paths pass through an area designated as keep-out, the individual 

waypoints and waypoint connection segments turn red as a warning. Additionally, if a 

mission is uploaded and intersects with a keep out area, a warning is presented to the user. 

Also, if an aircraft in flight is navigated into a designated keep out area, an audible warning is 

sounded. 

Maintenance – The Maveric sUAS needs very little maintenance, and operators may perform 

most required maintenance in the field with the field repair kit. 

Command and Control Systems - The sUAS Ground Control Station (GCS) allows the 

operator simultaneous control over aircraft and payloads. The display screen provides all 

essential flight data to the operator. Telemetry data is transmitted to the command station at 

least once per second.

Displayed on GCS:

● Current position

● Registered home position

● Any autopilot flight plans

● Registered emergency landing zone

● Aircraft attitude

● Altitude

● Airspeed

● Groundspeed

● Compass reading/heading

● Estimated wind heading

● Communication strength
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● Range from home

● Bearing from home

● Duration of current mission

● Rate of climb

● Mode of the aircraft

● Battery level

Emergency Procedures and System Failures

Loss of Link – The sUAS does not need constant signal from the GCS to continue 

flying. Communications outages are detected by the system and are reported to the 

PIC. During the communication outage, the sUAS continues on its pre-determined 

flight path until a failsafe is triggered. Once a failsafe is triggered, the sUAS will 

perform in accordance with the failsafe conditions uploaded before launch. This is 

accomplished without input from the operator. 

Security

The system and communication links may be encrypted.