April 17, 2015

Exemption No. 11356 Regulatory Docket No. FAA

− 2014

− 1086

Mr. Brian Dyer Agent for Petitioner Remote Pilot Systems, LLC

200 Barr Harbor Drive West Conshohocken, PA 19428

Dear Mr. Dyer:

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

The Basis for Our Decision

By letter dated December 15, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of Boyd Instrument and Suppl y Company, Inc. (hereinafter petitioner or operator) for an exemption. The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to conduct aeri al surveys and inspections in Pennsylvania surface mines and mineral quarries.

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.2

Airworthiness Certification

The UAS proposed by the petitioner is an Aibotix X–6.

In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consider ation of the size, weight, speed, and limited operating area associated with the aircraft a nd its operation, the Secret ary of Transportation

has determined that this airc raft meets the conditions of Section 333. Therefore, the FAA finds that the relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H—Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial da ta collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pr esented in your petition. In Grants of Exemption No s. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

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

 They are similar in all material respects to relief previously re quested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S. C. 106(f), 40113, and 44701, delegated to me by the Administrator, Boyd In strument and Supply Company, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and (c ), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to a llow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.3

Conditions and Limitations

In this grant of exemption, B oyd Instrument and Supply Company, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of ex emption are limited to the Aibotix X–6 when weighing less than 55 pounds including pa yload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restricti on. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or
U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbal ly at all times; electronic messaging or texting is not perm itted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must en sure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepa ncy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,4

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacte d if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functi onal test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. Th e pre-flight inspection must account for all potential discrepancies, e .g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the
UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requ irements for the aircraft and aircraft
components.

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

bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and e xperience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditi ons (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not denoted with an ARP, the center of the ai rport symbol as denoted on the current FAApublished aeronautical chart, unless a lett er of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the ai rport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses it s GPS signal, the UA must return to a predetermined location within the priv ate or controlled-access property.

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

20. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted unde r the terms of the attached COA.6

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

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the
PIC at the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to th e Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or struct ures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/cont roller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS- 80) within 24 hours. Accidents must be reported to the National Transportation Sa fety Board (NTSB) per instructions
contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for th e purpose of closed-set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM)

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction ove r the area of proposed filming. The 3-day notification may be waived w ith the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person res ponsible for the on-s cene operation of the UAS;

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

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

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

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

g. Signature of exemption holde r or representative; and

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

31. Flight operations may be conducted closer th an 500 feet from pa rticipating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

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

Sincerely,

/s/
John S. Duncan Director, Flight St andards Service1 

### REMOTE PILOT SYSTEMS LLC

200 BARR HARBOR DRIVE W CONSHOHOCKEN, PA 19428

Submitted electronically

December 15, 2014

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Petition for Exemption from 14 CFR Parts 61.113 (a) and (b) 14 CFR Parts 91.119 (c) , 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1),

91.409 (a) (1), 91.409 (a) (2), 91.417 (a) and (b)

, according t o Section 333 of the

FAA Reform Act of 2012

Dear Sir or Madam:

Boyd Instrument and Supply Company, Inc. (Boyd) is applying for an exemption from regulations detailed below in order to conduct aerial surveys and inspections in Pennsylvania surface mines and mineral quarries with a small unmanned aircraft

system manufactured by Aibotix, model X

- 6

. The manufacturer states that it has developed the X

- 6 for survey of challenging sites such as quarries, sand pits, landfills, coal stockpiles, and similar surface mines, and has documented its u se with negative waypoints, more than 300 feet below the pilot’s position, where manned survey aircraft cannot fly.

NAME OF PETITIONER

Mr. Roy Boyd Boyd Instrument and Supply Company, Inc.

443B Easton Road2 Horsham, PA 19044 Telephone 215

- 443

- 9996

AGENT FOR PETITIONER

For technical and administrative questions on this petition, please contact: Mr. Brian Dyer Remote Pilot Systems LLC Telephone 484

- 680

- 7310

Email: brian.dyer@remotepilots ystems.com

Submitted separately as confidential documents under 14 CFR Section 11.35 (b) are:

A

– Aibot X

- 6 User Manual

B

– Boyd Flight Operations Manual (B FO M)

These documents contain proprietary information that is not available to the public and

are protected from release under the Freedom of Information Act 5 USC 552 et.seq

.

Thank you for your time and attention. We look forward to working with you at FAA.

Sincerely,

(electronically signed) Brian Dyer3 DESCRIPTION OF PETITIONER

................................ ................................ ...... 4

BACKGROUND

................................ ................................ ................................ 4

DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM

................................ ...... 6

RF SPECTRUM

................................ ................................ ................................ .. 7

EXTENT OF RELIEF SOUGHT AND WHY

................................ ....................... 7
CFR CODE FROM WHICH EXEMPTION IS REQUESTED

................................ 8

PILOT IN COMMAND AND CREW

................................ ................................ . 11

OPERATION OF THE UNMANNED AIRCRAFT

................................ ............ 12

BENEFIT TO THE PUBLIC

................................ ................................ ............. 14

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT

SAFETY

................................ ................................ ................................ .......... 14
ADDITIONAL INFORMATION TO SUPPORT THE REQUEST

....................... 15

SUMMARY FOR PUBLICATION

................................ ................................ ...... 15

A TTACHED: AIBOTIX X

- 6 DEPICTED WITH SURFACE MINES

.................... 164 

### DESCRIPTION OF PETITIONER

Boyd Instrument and Supply Company, Inc., based near Philadelphia, was founded in 1986 to support survey and construction clients with pr ecision measurement products, professional service, and training. Today the company is specialized in positioning solutions and supports hundreds of clients in a five

- state area of the Mid

- Atlantic. Boyd

operates a Real Time Kinematic (RTK) network in the region. The company wishes to conduct aerial survey of rural or remote stone quarries by small unmanned aircraft systems, and has prepared operations manuals and specifications which will enable it to comply with FAA requirements and ensure the safety of p eople and property. Principals have been trained by Aibotix, the small unmanned aircraft manufacturer, and also have pilot experience in manned aircraft. Since its beginning, Boyd has supported the development of safety cultures for its civil engineering c lient base. The company is

woman

- owned and is operated by members of the family that founded it.



### BACKGROUND

Pennsylvania is one of the top ten states in the country for production of aggregate/crushed stone, with shipments of more th an one billion dollars. There are nearly 700 surface mines, or quarries, in the state. Stockpile survey is regularly conducted by third

- party contractors for compliance, accounting control, and management of the quarry. Boyd plan s to fly missions over i ndustrial mineral quarries for the purpose of stockpile volume determination, blasting survey, and inclined conveyor equipment inspection.

Stockpile accidents, fatal and non

- fatal, are prevalent within the mi ning industry. The National Institute for Occupational Safety & Health ( NI OSH ) reports that, “ Slope

stabi lity accidents are one of the leading causes of fatalities at U.S. surface mining operations.”

Survey personnel and mining personnel who accompany them are exposed to risks of fall, slide, and encounter with heavy equipment

. These risks can be mit igated by spending less time on or near the stockpile. In th is hazardous environment , w e believe that the use of a small unmanned aircraft offers a faster and safer alternative

to human measurement and inspection

.5 Su rface mine a creage for survey has already been permitted for the use of explosives

and is sited away from population, roadways, airports, and low

- flying aircraft. Access

to sites is strictly controlled by safety protocols

. T hese protocols are enforced by the Mine Safety and Health Administration (MSHA) and state agencies.

Stockpile s urvey techniques are of three general types:

1. Te rr est r ial t otal stations and GPS with prism and reflector or reflectorless;

2. Terrestrial laser scanne rs, fixed

- position or mobile;

3. Aerial photogrammetry by manned aircraft.

All three practices involve risk . The first technique , total stations and GPS, is time

consuming and requires ground survey teams to ascend the stockpile with an instrument, accompanied by an experienced quarry employee. The second technique, terrestrial laser scanner, involves setting up scanners on the ground or tr ansporting them around in the quarry by vehicle for good measurement angles. At vehicle level there are obstacles to view which complicate accurate measurement. The following hazards accompany ground survey techniques:

• Stockpiles are marginally stable surfaces, may conceal voids, and expose people

to falls and slides.

• Moisture and freezing change slope stability and allow it to stand at a steeper angle, then suddenly stress and collapse.

• Exposure to injury is not limited to standing on the top: loading out by heavy equipment at the bottom or face can create slides and collapse of overhangs, and interaction with heavy vehicles is a hazard.

• The top of piles an d terraces or benches cannot be accurately surveyed unless measured from above as well as from lateral angles.

Because of these factors, g round access to stockpiles and equipment is hazardous and is regulated by MSHA and by Pennsylvania mining law.

T he third technique, aerial survey by manned aircraft, allows a top view but oblique angle viewing is challenging

. D escent into the quarry is not an option. Many survey targets are 500 or more feet below nearby ground level.6 By comparison, the SUAS rotorcraft can see all necessary angles for survey and inspection without climbing the stockpile or conveyer, or using manned aircraft.

Quarries and surface mines are segregated from populated areas and further separated by no

- trespass buffer zones. Safety practices onsite are intensely monitored by supervisory personnel and by MSHA inspectors and the state. Property perimeters are strictly controlled due to danger, including frequent explosive use at about half of the sites, sometimes more than a million pounds per year, to reach site material production of more than two million tons. Aircraft overflying surface quarries are vulnerable to flyrock and shockwaves.

The use of small electric multirotor aircraft for low

- altitude survey and in spection in

surface mines outside the U.S. has been found to improve accuracy, reduce personal risk, and reduce reliance on manned aircraft. With appropriate planning, surface mines offer a sterile environment in which to operate a small unmanned aircraft: personnel and equipment onsite are under supervision and VLOS flight operations fit

well within mine boundaries. Zones for flight operation can be kept clear. Using a n SUAS lets the pilot and survey crew work at a safer standoff f rom danger, in less time than other ground

- based techniques. The risks of manned aircraft flight for survey are avoided, and the use of the NAS is consistent with the safety of other users.



### DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM

Boyd Instrument wishes to fly the Aibotix X

- 6, an electric multirotor, as its survey aircraft. Aibotix in Germany has delivered more than 200 aircraft since 2011. The flight control system used with the aircraft is designed and manufactured in Germany, has undergone continuous improvement and development since 2008, and several

thousand units have been delivered for industrial applications

.

If t he radio control link is lost, emergency failsafe is designed to prevent flyaway , to
hover independent of GPS signal then perform a controlled descent . I f GPS signal is sufficient, the aircraft can automatically return to the takeoff point. The flight control system can fly pre

- programmed waypoints for photogrammetry yet respond immediately to pilot stick overrides in case of route adjustment or emergency.7 Its radio control system incorporates telemetry which is displayed on the pilot’s

handhe ld controller and may be announced by voice. The X6 aircraft is optimized for aerial survey and incorporates safety features to reduce pilot workload. The aircraft is less than four feet in diameter, made of carbon

- fiber reinforced polymer in high

visibili ty green, with protective blade guards surrounding the six rotors, and is designed for a maximum takeoff weight of less than 1 2 pounds and flight time of about thirty minutes with its dual battery power. Maximum speed is about 55 MPH, but Boyd treats this limitation as an emergency reserve, and plans no flying at greater

than 25 MPH

. The aircraft carries no flammable liquid fuel.

System redundancies are described in the B FOM.



### RF SPECTRUM

Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of the 2.4 and 5.8 Ghz ranges. Manufacturer warnings about interference from devices operating at or near these frequencies or their harmonics are documented in the Boyd Flight Operations Manual (BF OM), along with procedures to ensure radio safety with the SUAS.



### EXTENT OF RELIEF SOUGHT AND WHY

Petitioner asks for relief from regulations tabled below , which by its authority the

FAA has previously granted in exemption certificates number 11062 along with six others described as “in commonality”, and in number 11109, which are for use of electric rotorcraft. Boyd’s Flight Operation Manual (BFOM) incorporates the conditions and limitations of these gran ts of exemption, and in some cases imposes stricter limits on its own operations. Boyd has consulted with district management of the federal MSHA in the development of its safety procedures for use in regulated

surface mines.8 

### CFR CODE FROM WHICH EXE MPTION IS REQUESTED

14 CFR

PART SUMMARY OF

REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY
61.113 (a) Private pilot privileges

and limitations: Pilot in

command. Holder of private pilot certificate may not act as pilot in c ommand for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption request. Characteristics of aircraft, VLOS, class G airspace, under 400 ft AGL, trained visual

observer in radio

communication with pilot; remote site, quarry industry safety protocols enhanced by Boyd's flight safety plan; PIC with private pilot certificate, currency in the aircraft listed on the certificate, 3rd class medical, pilot training, testing, proficiency with similar and

s ame model UA; and inspection/maintenance are defined in the Boyd Flight Operations Manual (BFOM) and will ensure equivalent levels of safety. 61.113 (b) Private pilot privileges

and limitations: Pilot in

command. Holder of private pilot

certificate ma y act as pilot in command for compensation or hire if flight is incidental to business or employment and does not carry passengers for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption reque st, not
incidental to business or employment. Boyd pilots specialize in

understand ing the quarry environment in which they

operate . Safety training specific

to quarry operations, led by experienced site safety personnel, conducted in

accordance with MSHA regulations, and S UAS training

with adherence to BFOM will ensure equivalent level of safety.9 14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION
REQUEST EQUIVALENT LEVEL OF

SAFETY
91.119 (c ) Minimum safe altit udes

over other than congested area ; 500

foot limits Operating closer than 500 feet to a person, vehicle, or structure may be necessary for survey and equipment inspection. People will not be allowed
over, under or within 500 feet laterally of the aircr aft in flight. Some flights may require the participation or guidance of quarry personnel, positioned as close as 200 feet. Boyd will brief them on safety and obtain necessary consent. Quarry site safety rules require wearing protective helmets, clothing

and footwear. Vehicles are hardened against impact with rock and other quarry material.

Reinforced structures contain conveyors to be inspected and a safety case is planned in the

BFOM.

91.121 Altimeter settings

, barometric equivalents Procedures to set and confirm

barometric altitude do not provide

for operation of remote telemetry to SUAS pilot which displays altitude derived from GPS signals

. Flight control systems onboard the SUAS

control altitude with a static barometer and report its GPS values

t o the pilot. An onboard air pressure sensor and software resolve height

differences as small as one

centimeter. Altitude is controlled by measuring air pressure and the z

- ­ - axis accelerometer/GPS values. The starting point is a relative height measurem ent calculated by the flight controller. Altitude above ground from

GPS is displayed on the pilot's handheld controller by telemetry, and alarms can signal conditions of interest.

400 feet AGL is the maximum permissible in the BFOM,

which describes altim eter procedures.10 14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION
REQUEST EQUIVALENT LEVEL OF

SAFETY 91.151 (b) Fuel requirements for flight in VFR

conditions.

Rotorcraft under VFR must carry enough fuel to reach first landing point and then another

20 minutes. The X6 multirotor is designed to fly

for a maximum of 30 minutes wit h

its 2 batteries. Battery voltage under load is displayed on the pilot's handheld controller during flight. The X6 uses 2 lithium polymer batteries of a multi

- ­ - cell design, connected in parallel for redundancy and optimal current delivery. Battery chemi stry does not support adequate current discharge below about 3 v per cell. Circuitry in the onboard flight controller measures voltage and will start a failsafe procedure to land before

summed minimums are

reached. In the event that one

or more cells fa il, these minimums may be reached sooner than expected, due to rapid current drain against a smaller number of functioning cells. Boyd pilots are trained to monitor voltage and recognize

abnormal discharge in flight

and to land sooner than forced.

If 20 m inutes of flighttime or

25% of reserve voltage under load is reached, pilot must commence landing. 91.405 (a) Maintenance required. Required inspections and discrepancies repaired between required inspections pertains to certificated

manned aircraft and procedures conducted by licensed maintenance personnel. In the absence of certification requirements for SUAS and SUAS maintenance personnel, reasonable

alternatives must be developed to maintain equivalent levels of safety. Boyd will document

ma intenance, overhaul, replacement and inspection requirements in the absence of manufacturer's requirements;

will document and maintain

maintenance records and technician qualification criteria

in the BFOM.

91.405 (b) Maintenance records.

Maintenance personnel to make appropriate

entries. Qualifications for maintenance personnel for SUAS were not contemplated by these regulations,

and a reasonable alternative must be developed to maintain equivalent levels of safety. Qualifications, competence and

te sting for maintenance personnel are defined in the

BFOM. Maintenance

person nel so qualified will

make appropriate entries.11 14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION
REQUEST EQUIVALENT LEVEL OF

SAFETY 91.407 (a) (1) Operation after maintenance, preventive maintenance, rebuilding, or alteration. There is no authorization proced ure for a person who can approve a

return to service of an SUAS, and a

reasonable alternative must be developed to maintain equivalent levels of safety. Procedures for the PIC to test then approve a return to

service after maintenance are

defined in the BFOM.

91.409 (a) (1) Inspections , annual Annuals conducted by a qualified inspector require authorization criteria for that inspector, not yet

defined for SUAS. A reasonable alternative must be developed to maintain equivalent levels of safety. Sch edules for inspection and responsibilities of the PIC and qualified technician are

described in the BFOM.

91.409 (a) (2) Inspections

, airworthiness Issuance of airworthiness certificates for SUAS under 55 pounds operated VLOS is not contemplated by these regulations Airworthiness is the final responsibility of the PIC

, supported by the technician as

defined in the BFOM.
91.417 (a) Maintenance records. Regulations do not contemplate requirements or approval processes for maintenance and inspecti on of
uncertificated SUAS, however a

reasonable alternative must be developed to maintain equivalent levels of safety. The operator will maintain records according to the procedures specified in the

BFOM.

91.417 (b) Maintenance records. Retaining and transferring records of maintenance and defects according to standards prescribed for

authorized maintenance and inspection is not contemplated in the regulations for SUAS. A reasonable alternative is necessary to maintain equivalent levels of safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the

BFOM.



### PILOT IN COMMAND A ND CREW

The PIC must hold a private pilot certificate and a third

- class medical, be current in the aircraft named on the certificate, and be in compliance with the training and12 testing specified in the B FO M . He must remain in radio comm unication with a visual observer who is in compliance with the training and testing specified in the operator’s manual. The pilot must be able to acquire the aircraft with his own vision according to eye standards for a third

- class airman medical certifica te. He must operate within

visual line of sight only, and be able to see the attitude and orientation of the aircraft

himself. If GPS or magnetometer operation is compromised, certain safety features

may not function , and the pilot must understand by his training and experience how

to recover control. The BFO M stresses that preventing and dealing with flight emergencies is a skill that pilots must learn, practice, and refresh to maintain their qualification with Boyd.



### OPERATION OF THE UNMANNED A IRCRAFT

The aircraft will be under the operational control of the petitioner. All operations will be according to the BFOM, but any FAA conditions and limitations take precedence.

1. The aircraft used for survey operations by Boyd will be only the Aiboti x X6 as described in the BFOM, unless the FAA approves an amendment to this petition

. 2. The PIC will hold a private pilot certificate

, a third

- class medical cer t if

icate, and must meet flight review requirements in an aircraft in which the PIC is

rated , according to 14 CFR § 61.56

. 3. Boyd pilots will operate at least three ( 3 ) nautical miles outside populated areas, at less than 400 feet AGL and at speeds under 25 miles per hour , in class G airspace, in daylight hours only and within visual line of s ight of the PIC, at least five ( 5 ) nautical miles or more away from airports as denoted on

current FAA

- published charts, and use a BFOM

- qualified visual observer in

radio communication with the PIC

. 4. Manufacturer’s limitations of the aircraft will not be e xceeded, and Boyd’s operations will adhere to power reserves and lower operational limits

described in the BFOM

. 5. Preflight inspection by the PIC, and inspection and maintenance procedures will be followed according to the BFOM, and will be properly docume nted and signed for by an authorized technician who has completed training specified in the B FO M

.13 6. Test flights by the PIC in connection with maintenance requirements will be

documented

. 7. Manufacturer systems and safety bulletins will be followed, and flig ht critical components will be monitored and re placed when specified in the BFO M

. 8. Discrepancies discovered between inspections will be documented by Boyd maintenance personnel

. 9. If visibility is less than three ( 3 ) statute miles from the PIC, the aircraft may not be operated less than 500 feet below a cloud, or less than 2000 feet horizontally from a cloud.

10. The PIC must follow emergency procedures as described in the BFOM in event of lost link, degraded navigation signals, or appearance of unauthorized pe rsons within the secure flight perimeter

. 11. A commercial C ertificate of Authorization will be obtained by FAA’s designated procedure before any operations are conducted, and Notices to

Airmen will be filed in accordance with FAA requi rements

. 12. An N

- Number will be obtained for all aircraft operated , and displayed as required

. 13. RF spectrum will be used in compliance with FCC requirements

. 14. Documents required by 14 CFR 91.9 and 91.203 will be available to the PIC at the point of flight an d control, and will be produced upon request by any authority

. 15. The aircraft will remain clear of and yield right of way to all manned aviation operations and activities at all times

. 16. The PIC will operate the aircraft from a stationary ground position and not from any moving device or vehicle

. 17. No operation over congested or densely populated areas is allowed, whether these areas are depicted on aeronautical charts or not.

18. The safety of people and property is paramount, and no operations may be

conducted within 500 feet of non

- participants or their property unless conducted according to safety procedures in the BFOM which are approved by the FAA

. 19. All operations will be conducted over controlled

- access property, that is, mineral quarries, for which permiss ion has been obtained prior to flight, and for which safety briefings have been completed according to the BFOM

. 20. All incidents, accidents, and transgressions of allowed flight boundaries will be reported as required by FAA and NTSB

.14 

### BENEFIT TO THE PUB LIC

The proposed exemption will allow the operator to mitigate safety risk s for those who must conduct regular surveys of hazardous stockpiles of minerals; will reduce the risk

of climb and fall during equipment inspection; will help quarry opera tors plan safe use of explosives; will reduce the number of flights of manned aircraft for regular survey thereby diminishing the danger of such us e , both to those onboard as well as to people and property under the flight path; and will reduce the environmental impact

of fossil fuel use in aircraft.

A better compliance model is possible for MSHA regulations on coal and noncoal surge and storage pile hazards including entrapment (30 CFR 77.209, 5 6.9312, and

ci tations in the BFO M). The SUAS operation offers safer alternatives to stockpile inspection than the manner in which it is currently being done

. By staying off the pile area and away from reclaiming operations and high conveyor

- fed work areas,

necessary sur vey and inspection will be performed at lower risk to participants.



### REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY

The survey aircraft will be operated in accordance with saf ety protocol s defined in the

BFO M, for which we request approval by the FAA according to its authority granted by Congress in Section 333 of the FAA Modernization and Reform Act of 2012.

The survey aircraft carries no person, cargo, or flammable liquid fuel. Its si ze and weight are a small fraction of any manned aircraft, and its safety systems reflect best design practices in the SUAS industry.

People on the ground inside a quarry are required to wear helmets and safety clothing, and operators of heavy vehicles allowed access are protected against rock strike by safety cabs.

As proposed by Boyd, SUAS operations enhance safety procedures and help with MSHA compliance. When operated by licensed pilots over a rock quarry, an SUAS

used for survey and inspection w ill reduce the risk and duration of exposure to risk for employees, contractors, nearby communities and manned aviation.15 When properly operated by trained pilots, a well

- designed SUAS can stay clear of people and property on the ground and in the air. P rocedures, airmanship skills, training and testing requiremen ts for SUAS personnel in the BFO M will let the operator achieve safety levels in the NAS and on the ground which are equivalent to or greater than in manned aviation.



### ADDITIONAL INFORMATION TO SUPPORT THE REQUEST

The National Institute for Occupational Safety & Health (NIOSH) , Spokane Research Laboratory reports that, “Slope stability accidents are one of the leading causes of fatalities at U.S. surface mining operations.” NIOSH did a compre hen sive analysis to identify acc idents where unanticipated movement of the ground was the primary cause.

The Mine Safety and Health Administration recorded 11,446 accidents, including 57 fatalities, at surface mines in the 5 years from 2009 to 2013.

While MS HA classifies accidents as “fall of face or highwall,” “powered haulage,” “equipment,” and other categories, NIOSH finds that bench and highwall failures, rock falls, waste dump and stockpile failures, and the collapse o f unknown underground workings expl ain the accidents, which are up to a third of the totals.



### SUMMARY FOR PUBLICATION

The following summary may be published in the Federal Register:

======================================= Petitioner requests an exemption from:

14 CFR Parts 61.113 (a) and (b) 14 CFR Parts 91.119 (c) , 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 (a) (1), 91.409 (a) (2), 91.417 (a) and (b)16 in order to operate a small unmanned aircraft system (SUAS) for purposes of surface mine stockpile volum e survey, inspection of high equipment such as conveyors feeding the stockpile, and blasting plan support. Petitioner will operate at an equivalent or higher level of safety than manned aircraft. The pilot in command will be appropriately qualified with a current private pilot certificate and specialized training. Access to surface mine operations is restricted to personnel with safety training, safety clothing, and vehicles protected against rock strike. Surface mines for survey are located away from popul ated areas, airports, air traffic, and surface traffic.

Electronic ground

- based survey techniques expose people to risk of rockfall, slide, and falling. The Mine Safety and Health Administration regulates access to surge piles, stockpiles, and the highw all face and reclaiming areas of surface mines. Manned aircraft for aerial survey introduce other risks, and do not supply low

- angle views into the canyon of a s urface mine, which may be 500 or more feet deep.

The survey aircraft, an Aibotix X6, is an e lectric multirotor weighing less th an 12 pounds, under 4 feet in diameter, equipped with flight control and safety features to prevent flyaway from mine premises and to minimize risk to people and property allowed within the zone of operations and outside it.

No flight operations outside the secure areas are allowed, and there are no impacts to privacy.

=============================================



### ATTACHED: AIBOTIX X

- 6 DEPICTED WITH SURFACE MINES17 Aibot X6. Innovative and unique.

Robust. Safe. Authentic. Product Features

• Length/width 1.05 m (3.4 ft.) • Height .45 m (1.5 ft)

• Housing CFK (Carbon) • Weight 2.555 g (5.6 lb) • Max. Payload 2.500 g (5.5 lb) • Max. Speed 90 Km/h (55.9 mph) • Climb rate 36 Km/h (22.4 mph) • Flight height 4000 MAMSL (13123 feet) • Flight time up to 30 minutes

„We chose Aibotix because it is one of the best aeri

al platforms available for safe, reliable maneuvering of important payloads, not only in tight spaces.“

Rüdiger Wagner, General Manager of Solutions at Lei ca’s Geospatial

Solutions Division.

„In the Aibot X6 we see an innovative product with a high value potential for our business segment.“

Paul Zachoval Operations Coordinator of Austrian Pow er Grid AG.

Aibotix GmbH • Ludwig-Erhard Straße 14 • 34131 Kassel • Ph one: +49 (0) 561 473949-0 • E-Mail: mail@aibotix.com