1001 Pennsylvania Avenue, NW, Washington, DC 20004-2595  p202 624-2500  f202 628-5116

Gerald F. Murphy

(202) 508-8855

gmurphy@crowell.com

February 15, 2016

VIA FDMS

Ms. Cheryl Collins

Program Manager, Docket Operations

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Attn: FAA Dockets

Washington, DC 20590

Re: Arch Coal, Inc. – Petition for Exemption

Dear Ms. Collins:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”)1

and 14 C.F.R. Part 11, Arch Coal, Inc., on behalf of itself and its subsidiary companies

(collectively, “Arch Coal”),2petitions for an exemption from the Federal Aviation Regulations

identified herein to authorize Arch Coal to operate small unmanned aircraft systems (“sUAS”)

for aerial data collection.3 Arch Coal’s sUAS operations will be conducted under the safeguards

described in this petition and as may be further established by FAA.

FAA has now issued over 3,300 Section 333 exemptions to various commercial

enterprises for sUAS applications ranging from aerial photography and cinematography to

precision agriculture and flare stack, bridge and tower inspections.4 Indeed, FAA has granted

hundreds of Section 333 exemptions for aerial data collection in circumstances that are similar

in all material respectsto those proposed here.5 In issuing those exemptions and other Section

 

1

Pub. L. No. 112-95, § 333, 126 Stat. 76. 

2

A list of the Arch Coal subsidiary companies seeking Section 333 exemption authority to conduct 

the sUAS operations described in this petition is set forth on Appendix A hereto.

3

 This exemption request is based on the information provided in this petition and the user

manualsforArch Coal’sDJI Phantom3,DJI Inspire, SenseFly eXom, SenseFly eBee, and Roboflight RF70 sUAS (the

“Manuals”), copies of which are already on file with FAA. 

4

See FAA, Authorizations Granted Via Section 333 Exemptions (rev. Feb. 15, 2016),

https://www.faa.gov/uas/legislative_programs/section_333/333_authorizations/.

5

 See, e.g., In the Matter of the Petition of Agrinetix LLC, Grant of Exemption No. 14473 (Jan. 14, 

2016), Docket No. FAA-2015-2482 (“Exemption No. 14473”); In the Matter of the Petition of McAlester Army 

Ammunition Plant, Grant of Exemption No. 14445 (Jan. 15, 2016), Docket No. FAA-2015-5189 (“Exemption No. 

14445”); and In the Matter of the Petition of Peabody Energy, Grant of Exemption No. 14013 (Dec. 17, 2015), 

Docket No. FAA-2015-4259 (“Exemption No. 14013”). 
FAA Dockets

February 15, 2016

Page 2

333 grants, FAA found that “the enhanced safety achieved using an unmanned aircraft (UA)

with the specifications described by the petitioner ... gives the FAA good cause to find that the

UAS operation enabled by this exemption is in the public interest.”6 The same public interest

and safety justifications apply to Arch Coal’s petition, and should enable FAA to grant it on an

expedited basis.

I. Petitioner

Founded in 1997, Arch Coal is one of the world’s leading coal producers, dedicated to 

supplying low cost coal in a safe and environmentally friendly manner to a global market. 

Safety is a guiding principle at Arch Coal and its subsidiary operations. Arch Coal’stop priority is 

making sure that every miner returns home safe and healthy at the end of every shift. Working 

safely enables Arch Coal to continue doing what it does best: mining coal responsibly and 

efficiently. 

Arch Coal embraces any technology to help further this mission. In the interest of safety 

and an ongoing effort to bring low cost coal to the world, Arch Coal is seeking to operate sUAS

to provide volumetrics, aerial surveying, and photo and video submissions to advance its 

business objectives. Previously, such tasks were performed with manned aircraft or on foot. 

Performing them with sUAS will enable Arch Coal to further its safety record and increase its

role as an environmental steward.

All communications regarding Arch Coal’s petition should be directed to:

Michael A. Kafoury

AssistantGeneral Counsel

Arch Coal, Inc.

1 CityPlace Dr., Suite 300

St. Louis, MO 63141

mkafoury@archcoal.com

with a copy to: Gerald F. Murphy

Crowell & Moring LLP

1001 Pennsylvania Ave NW

Washington, DC 20004

gmurphy@crowell.com

II. Section 333

Arch Coal’s petition is consistent with Congress’s goal set forth in Section 333 of the 

FMRA, which directs the Secretary of Transportation to consider whether certain UAS may 

operate safely in the national airspace system (“NAS”) before completion of the rulemakings

required under Section 332 of that legislation. In making this determination, the Secretary is 

required to determine which types of UAS do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following: (1) the UAS’ size, weight, 

speed, and operational capability; (2) operation of the UAS in close proximity to airports and 

 

6

See, e.g., Exemption No. 14473 at 2; Exemption No. 14445 at 2; and Exemption No. 14013 at 2.
FAA Dockets

February 15, 2016

Page 3

populated areas; and (3) operation of the UAS within visual line of sight of the operator. 7 To

implement Section 333, FAA has the authority to issue exemptions from its safety regulations 

and minimum standards when the Administrator decides a requested exemption is in the public 

interest.8

Arch Coal’s proposed sUAS operations meet the requirements of, and qualify for 

expedited approval under, Section 333. Arch Coal’s sUAS weigh less than 55 pounds, will 

operate at less than 400 feet above ground level (“AGL”), within visual line of sight (“VLOS”), at 

speeds of no more than 87 knots, and will generally comply with the same conditions and 

limitations FAA established in issuing previous Section 333 grants. 9 

 

Operations conducted under these safeguards will provide at least an equivalent level of 

safety compared to the current regulatory structure. Moreover, Arch Coal’s operations will not 

“create a hazard to users of the national airspace system or the public or pose a threat to 

national security” due to the size of the sUAS and the restricted areas in which they will 

operate.10 

III. Regulations from Which an Exemption is Requested

Arch Coalrequests an exemption fromthe following regulationsto the extent necessary

for Arch Coal to conduct the operations described in this petition: 

 14 C.F.R. §§ 61.23(a) and (c)

 14 C.F.R. §§ 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a) 

 14 C.F.R. § 61.315(a) 

 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)(1)

 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)

 

7

FMRA § 333(a). 

8

See 49 U.S.C. § 106(f) and 49 U.S.C. § 44701(f).

9

See supra note 4.

10 See, e.g., In the Matter of the Petition of Astraeus Aerial, Grant of Exemption No. 11062 (Sep. 25, 

2014), Docket No. FAA-2014-0352 (“Exemption No. 11062”) at 8 (citing FMRA § 333(b)).
FAA Dockets

February 15, 2016

Page 4

The following subsections describe Arch Coal’s request for an exemption from each of

these regulations and demonstrate how Arch Coal’s operations will provide for at least an

equivalent level of safety compared to the current regulatory structure that applies to manned

aircraft.

A. 14 C.F.R. §§ 61.23(a) and (c) – Medical certificates: Requirement and

duration

Sections 61.23(a) and (c) generally require pilots of manned aircraft to hold a FAA

medical certificate in order to exercise pilot privileges. As of March 24, 2015, however, FAA

determined as a matter of policy that operators holding a valid driver’s license in lieu of a third

class medical certificate may conduct commercial sUAS operations under a Section 333 grant.11 

Accordingly, Arch Coal requests an exemption from these provisions to the extent necessary to

give Arch Coal the same relief from medical certificate requirements that FAA has afforded to

hundreds of other operators pursuant to Section 333.12

B. 14 C.F.R. §§ 61.101(e)(4) and (5); 61.113(a); and 61.315(a) – Pilot Privileges

and Limitations

Section 61.113(a) limits private pilots to conducting non-commercial operations.

Similarly, Sections 61.101(e)(4) and (5) prohibit a recreational pilot from acting as pilot in

command of an aircraft for compensation or hire or in furtherance of a business. Section

61.315(a) authorizes a sport pilot certificate holder to act as pilot in command of a light-sport

aircraft, subject to certain restrictions specified in Section 61.315(c), including a prohibition on

doing so for compensation or hire or in furtherance of a business, among other restrictions. 

FAA has already determined, however, that a private, recreational or sport pilot certificate is

sufficient to conduct commercial sUAS flights in a wide variety of operational environments.13 

Since Arch Coal will be conducting its sUAS operations for compensation in furtherance of its

business, Arch Coal requests an exemption fromthese provisions to the extent necessary. Arch

Coal notes that FAA has provided such relief to hundreds of other Section 333 operators.14

Consistent with the operating conditions and limitations specified in similar Section 333 

grants,15 Arch Coal will utilize only pilots holding a FAA airline transport, commercial, private, 

recreational, or sport pilot certificate and at least a valid U.S. driver’s license. The sUAS will be 

operated within VLOS of the pilot-in-command (“PIC”) at all times, and all operations will utilize 

 

11

 See, e.g., supra note 4; In the Matter of the Petition of EnviroMINE, Inc., Grant of Exemption No. 

11227 (Mar. 24, 2015), Docket No. FAA-2014-0678 at 4, 8; see also FAA, FAA Summary Grants Speed UAS 

Exemptions (Apr. 9, 2015), https://www.faa.gov/news/updates/?newsId=82485. 

12 See supra note 4.

13 Id.

14 Id.

15 See, e.g., Exemption Nos. 14473, 14445, and 14013.
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Page 5

a visual observer (“VO”), who will be able to communicate verbally with the PIC at all times 

during the operation. And because the area of operation will be controlled and restricted in

accordance with the safeguards contained in the Manuals and the FAA-approved conditions 

and limitations described in Section VI, infra, permitting the sUAS operations as requested 

would provide for the level of safety otherwise achieved through these Part 61 provisions. 

Accordingly, grant of the requested exemption, subject to the conditions and limitations 

specified herein, would not adversely affect the safety of the NAS.

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

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

airworthy condition. FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the

extent that the airworthiness certificate requirements of Part 2116 are waived or inapplicable. 

Such airworthiness certificate requirements are inapplicable here, insofar as Arch Coal’s sUAS

provide for an equivalent level of safety when compared to manned aircraft, consistent with

the relevant language of the FMRA and the precedent FAA has established under Section 333.17 

D. 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) provides that except when necessary for takeoff or landing, no person may

operate an aircraft below an altitude of 500 feet above the surface except over open water or

sparsely populated areas and that in such cases, the aircraft may not be operated closer than

500 feet to any person, vessel, vehicle orstructure. As detailed in previous Section 333 grants,

however, FAA has determined that adherence to certain safety measures is sufficient to

warrant an exemption from Section 91.119(c) forsUAS operations.18 Consistent with the relief

provided to other sUAS operators under Section 333, Arch Coal requests an exemption to the

extent necessary to permit Arch Coal to operate below an altitude of 500 feet AGL and closer

than 500 feet to any person, vessel orstructure. An equivalent level of safety will be achieved

given the size, weight and speed of Arch Coal’s sUAS, as well as the locations where they will be

operated (i.e., nowhere near other aircraft). In addition, consistent with the flexibility that FAA

has already provided to other Section 333 operators for aerial data collection,

19 Arch Coal

requests permission to operate a minimum distance of 200 feet from any non-participating

 

16 FAA has concluded that no exemption from Part 21, Subpart H (Airworthiness Certificates) is 

needed if the agency makes a finding under the FMRA that the UAS selected provides an equivalent level of safety 

when compared to aircraft normally used for the same application. As these criteria are met here, no exemption is 

needed. See, e.g., Exemption No. 11062 at 13-14, 22. But to the extent FAA determines that there are some 

characteristics of Arch Coal’s sUAS that may not meet this standard, an exemption is requested. 

17 See, e.g., id.

18 See, e.g., supra note 4. 

19 Id.
FAA Dockets

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persons so long as sufficient barriers exist to protect such persons from debris in the event of

an accident.20

E. 14 C.F.R. § 91.121 – Altimeter Settings

Section 91.121 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.” Since Arch Coal’s sUAS will not be

equipped with a typical barometric altimeter, Arch Coal requests relief from this provision

consistent with the relief that FAA has already granted to other sUAS operators flying at

similarly low altitudes.21 Arch Coal will operate the sUAS within VLOS at or below 400 feet AGL

and provide altitude information to the PIC via a digitally encoded telemetric data feed that

downlinks from the aircraft to a ground-based on-screen display. The altitude information will

be generated by equipment installed on the sUAS, and prior to each flight a zero altitude

initiation point will be established and confirmed for accuracy by the PIC. 

F. 14 C.F.R. § 91.151(a) – Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) 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.” But provided certain operational parameters are established, FAA has found that

good cause exists for granting exemptions from this provision for operations in a multitude of

contexts.22 

Arch Coal will be operating less than 55-pound sUAS in tightly-controlled environments

at speeds below 87 knots and within VLOS. Combined with the fact that Arch Coal will not

conduct operations unless its sUAS has enough available power for the intended mission, and

will not continue unless there is at least five minutes of power remaining, relief from Section

91.151(a) is warranted, in accordance with the conditions and limitations specified in Section

VI, infra. 

 

20 See In the Matter of the Petition of Team 5, LLC, Grant of Exemption No. 11158 (Jan. 29, 2015), 

Docket No. FAA-2014-0783, at 16-17; In the Matter of the Petition of Picture Factory, Inc., Grant of Exemption No. 

11178 (Feb. 18, 2015), Docket No. FAA-2014-0794, at 23; In the Matter of the Petition of Shotover Camera Systems, 

L.P., Grant of Exemption No. 11159 (Jan. 30, 2015), Docket No. FAA-2014-0784, at 12; see also FAA Order 8900.1, 

Vol. 3, Ch. 8, Sec. 1 (allowing certain relief from 14 C.F.R. § 119(c) in the filming context, including the 200 ft. 

minimum distance standard requested herein).

21 See supra note 4. 

22 Id.
FAA Dockets

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G. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and

(b): Maintenance Inspections

These provisions require 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 thissection, have discrepancies repaired as prescribed in part 43

of this chapter. . .,” and that other persons shall inspect or maintain the aircraft in compliance

with Part 43. Under Section 333, however, FAA has established safety measures for certain

sUAS operations sufficient to warrant an exemption from these provisions.23

Arch Coal will strictly adhere to the maintenance- and inspection-related requirements

set forth in its Manuals, which are consistent with applicable conditions and limitations

described in Section VI, infra. 

IV. Unmanned Aircraft System

Arch Coal proposes to flyDJI Phantom 3, DJI Inspire, SenseFly eXom, SenseFly eBee, and

Roboflight RF70 sUAS. These sUAS are battery-powered, weigh lessthan 55 pounds, and will be

flown in accordance with strict operating standards as more fully described in Section VI, infra,

as well as those described in the Manuals. The sUAS will operate at a speed of no more than 87

knots.

The system safety features of Arch Coal’s sUAS include return to home and return to

user capabilities, geofencing, and no fly zones. These and other features will ensure the safety

of persons and property within and surrounding the limited operating area. In the event the

sUAS loses communications or its GPS signal, it will have the capability to return to a predetermined location and land. The sUAS will also have the capability to abort a flight in the

event of unpredicted obstacles or emergencies. Comprehensive descriptions of Arch Coal’s

sUAS and theirspecifications and capabilities are contained in the Manuals. 

As FAA has recognized, the limited weight of less than 55-pound sUAS significantly

reduces the potential for harm to participating and nonparticipating individuals or property in

the event of an accident or incident, and the risk to an onboard pilot and crew is eliminated

with the use of sUAS for aerial data collection.24

In addition, prior to each flight, the PIC will conduct a pre-flight inspection of the sUAS,

and maintenance will be performed to address any condition potentially affecting safe

operations. All maintenance and alterations will be documented in the aircraft records. The

safety guidelines specified in the Manuals address the following key areas: (1) individual parts

 

23

 Id.

24 Id.
FAA Dockets

February 15, 2016

Page 8

(e.g., remote controller, camera, gimbal, compass, parameter settings, battery, storage and

transportation, maintenance and upkeep, etc.); (2) flight environment requirements; (3) flight

warnings (e.g., failsafe and return to home, low battery, vision positioning system,

transformation function, etc.); (4) pre-flight checklist; and (5) maintenance checks concerning

the battery, transformation system, aircraft, motors, propellers, gimbal and camera, and vision

positioning system.

V. Unmanned Aircraft PIC

As described above, the PIC will be a FAA licensed airman with either an airline

transport, commercial, private, recreational, or sport pilot certificate, that holds a current FAA

airman medical certificate or a valid U.S. driver’s license. The PIC will also meet the flight

review requirements specified in Section 61.56 in an aircraft in which the PIC is rated on his or

her pilot certificate. And, prior to conducting commercial operations under this exemption, the

PIC will have accumulated and logged sufficientUAS-specific flight experience, including at least

12 hours on the sUAS before being designated to operate them commercially. 

In addition, the PIC and the VO will have successfully completed a qualification process

and a sUAS flight demonstration administered by an Arch Coal-approved and -qualified pilot.

VI. Operation of the Unmanned Aircraft

Arch Coal will conduct all flights under the requested exemption subject to the following 

conditions and limitations, and as further detailed in the Manuals: 25

A. The sUAS will weigh less than 55 pounds (25 kilograms), including payload.

B. The sUAS will not be flown at a ground speed exceeding 87 knots (i.e. 100 miles per 

hour).

C. Flights will be operated at an altitude of no more than 400 feet AGL. All altitudes

reported to ATC will be in feet AGL.

D. The sUAS will be operated within VLOS of the PIC and/or VO at all times. 

E. All operations will utilize a VO, who may be used to satisfy the VLOS requirement as long 

as the PIC always maintains VLOS capability. The VO and PIC will be able to 

communicate verbally at all times.

 

25 The conditions and limitations detailed in this section are consistent with those set forth in the 

previous FAA Section 333 grants for operations similar to those Arch Coal seeks to conduct through this petition. 

See, e.g., supra note 4.
FAA Dockets

February 15, 2016

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F. The grant of exemption and Manuals will be accessible during Arch Coal’s sUAS 

operations and made available to FAA upon request. If a discrepancy exists between 

the conditions and limitations in the grant of exemption and the procedures outlined in 

the Manuals, the conditions and limitations in the exemption take precedence and will

be followed. 

G. Prior to each operation, the PIC will inspect the sUAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the 

sUAS, it will not be operated until the necessary maintenance has been performed and 

the sUAS is found to be in a condition for safe flight. The ground control station will also 

be included in the preflight inspection. All maintenance and alterations will be 

documented in the sUAS records.

H. Any sUAS that has undergone maintenance or alterations that affect its operation or

flight characteristics (e.g., replacement of a flight critical component) will undergo a

functional test flight prior to resumption of operations. The PIC who conducts the

functional test flight will make an entry in the sUAS aircraft records of the flight. 

I. Arch Coal will follow the manufacturer’s sUAS aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements. 

J. The PIC will possess either an airline transport, commercial, private, recreational, or 

sport pilot certificate, and a current FAA airman medical certificate or a valid U.S. 

driver’s license. The PIC will undergo at least 12 hours of training to ensure that he or 

she can follow these procedures. The PIC will also meet the flight review requirements 

specified in Section 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate.

K. Prior to conducting commercial operations under this exemption:

1. The PIC will have accumulated and logged, in a manner consistent with Section 

61.51(b), a minimum of: 12 hours of flying the sUAS or 24 flights accrued before 

being designated to operate such sUAS for commercial aerial data collection.

During training, proficiency, and experience-building flights, the PIC will operate 

the sUAS with appropriate distance from nonparticipants in accordance with 

Section 91.119.

2. A flight demonstration, administered by an Arch Coal-approved and -qualified

pilot, will be successfully completed and documented. This documentation will

be available for review upon request by FAA. 

L. The sUAS will be operated at least 500 feet from all nonparticipating persons, vessels, 

vehicles, or structures unless both of the following conditions are met: 
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1. Barriers or structures are present that sufficiently protect nonparticipating 

persons in the event of an accident; and 

2. 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.

M. If the sUAS loses communications or loses its GPS signal, it will return to a 

predetermined location within the security perimeter and land or be recovered in 

accordance with the Manuals.

N. The sUAS will abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the Manuals.

O. The sUAS will not be operated unless it has enough available power to conduct the 

intended operation and to operate after that for at least five minutes, or with the 

reserve power recommended by the manufacturer, whichever is greater. 

P. Arch Coal will obtain an Air Traffic Organization (“ATO”) issued Certificate of Waiver or 

Authorization (“COA”) prior to conducting any operations above 200 feet AGL under the

exemption.26 

Q. All sUAS operated in accordance with this exemption will 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 will be as large as 

practicable. 

R. Arch Coal will follow the procedures established in the Manuals for documenting and 

maintaining records of the sUAS maintenance, preventative maintenance, alterations, 

status of replacement/overhaul component parts, and the total time in service of the 

sUAS. 

 

26 Pursuant to its “blanket” COA, FAA will automatically grant a COA for flights at or below 200 feet 

to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during 

daytime VFR conditions, operate within VLOS, and stay certain prescribed distances away from airports or 

heliports. See FAA, FAA Streamlines UAS COAs for Section 333 (rev. Mar. 24, 2015), 

https://www.faa.gov/news/updates/?newsId=82245. This blanket COA allows flights anywhere in the country 

except restricted airspace and certain other prohibited areas, and FAA automatically issues it at the time the 

exemption is approved. Id. To the extent Arch Coal plans to operate its sUAS above 200 ft. AGL, it will apply for a 

COA authorizing it to do so. 
FAA Dockets

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Page 11

S. Each sUAS operated under this exemption will comply with all manufacturer Safety

Bulletins.

T. The preflight inspection section described in the Manuals will account for all 

discrepancies (i.e., inoperable components, items, or equipment).

U. Arch Coal’s use of radio frequency spectrum for operation and control of the sUAS will

comply with the Federal Communications Commission (“FCC”) or other appropriate 

government oversight agency requirements. 

V. The documents required under Sections 91.9 and 91.203 will be available to the PIC at

the ground control station of the sUAS any time the aircraft are operating. These

documents will be made available to FAA or any law enforcement official upon request.

W. The sUAS will remain clear and yield the right of way to all other manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.).

X. sUAS operations will not be conducted during night, as defined in Section 1.1. All

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

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

Y. The sUAS will not be operated by the PIC from any moving device or vehicle.

Z. The sUAS will not be operated less than 500 feet below or less than 2,000 feet 

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

AA.The sUAS will not be operated within five nautical miles of an airport reference point 

(“ARP”) as denoted in the current FAA Airport/Facility Directory (“AFD”) or for airports 

not denoted with an ARP, the center of the airport symbol as denoted on the current 

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

management is obtained or otherwise permitted by a COA issued to Arch Coal. The 

letter of agreement with the airport management will be made available to FAA and any 

law enforcement official upon request.

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

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

FAA’s UAS Integration Office (AFS-80) within 24 hours and the National Transportation 

Safety Board (“NTSB”), as applicable.
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VII. Public Interest

Authorizing Arch Coal to use sUAS for aerial data collection under the conditions

specified herein will bring immediate and significant safety improvement in the commercial

mining industry. In particular, Arch Coal plans to use its sUAS to film promotional/commercial

videos and to conduct aerial surveys and inspections of its coal mining properties and related

assets. Among other benefits, Arch Coal’s sUAS operations will reduce the risk of human

fatalities and injuriesto mine personnel working in treacherous terrain and dangerous positions

while conducting inspections and monitoring, assist mining personnel in the event of an

emergency, reduce the environmental impact to plant life and terrain during surveying and

monitoringmissions, and facilitate detection of invasive plantspecies and distressed vegetation

in reclaimed areas.

Arch Coal’ssUAS will be used for aerial data collection in a manner that provides at least

an equivalent level of safety compared to the current regulatory structure that applies to

manned aircraft.

27

 They will also provide for safer and more efficient means of performing

certain commercial tasks that are currently performed by other methods. 

VIII. Conclusion

Given the small size of Arch Coal’s sUAS and the restricted, controlled environment 

within which they will operate, Arch Coal’s proposed sUAS operations fall squarely within the 

type of operations that Congress intended be authorized pursuant to Section 333. They are 

also similar in all material respects to those that FAA has already authorized under Section 333, 

including several covering nearly identical types of operations – and should be approved on an 

expedited basis. Based on the clear direction from Congress, the authority contained in the 

Federal Aviation Act, as amended; the well-established equivalent level of safety present in 

Arch Coal’s proposed operations; the significant public benefits associated with using sUAS for 

aerial data collection; and the precedent that FAA has established through more than 3,300

Section 333 grants, grant of Arch Coal’s petition is in the public interest. Accordingly, Arch Coal 

respectfully requests that FAA grant it an exemption without delay. 

Respectfully submitted,

Gerald F. Murphy

Counsel for 

Arch Coal, Inc.

 

27 See Exemption No. 11062 at 22. 
Crowell & Moring LLP  www.crowell.com  Washington, DC  New York  San Francisco  Los Ang eles  Orang e County  Anchorag e  London  Brussels

Appendix A

The Arch Coal subsidiary companies seeking Section 333 exemption authority to conduct 

the sUAS operations described in this petition consist of the following:

 Arch Coal, Inc. 

 Mingo Logan Coal Company 

 Mountain Coal Company, L.L.C. 

 Thunder Basin Coal Company, L.L.C. 

 Loan Mountain Processing, Inc. 

 Coal-Mac, Inc. 

 International Coal Group, Inc. 

 ICG Beckley, LLC 

 ICG Illinois, LLC 

 ICG Tygart Valley, LLC 

 Wolf Run Mining Company 

 Vindex Energy Corporation