1

Submitted elect ronically

May 5 , 2015

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

RE: Petition for Exemption from Certain Federal Air Regulations according to

Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

Firmatek, L.L.C. ( Firmatek ) is applying for an exemption from regulations detailed

below in order to conduct commer ical aerial surveys and inspections with a small

, unmanned aircraft system , thereby delivering accurate metric data to clients operating surface mines and mineral quarries while at the same time, improving safety levels for those companies

.

BACKGROUND

The United States Geological Survey (USGS) estimates that the value of minerals mined in the United States during 2014 was more than 77.6 billion dollars. In addition, the USGS also reports that 57% of the mining done was within ten States. The majority of mineral extraction operations done in these States was surface mining.

Stockpile accidents at surface mine locations , fatal and non

- fatal, are prevalent within the mining industry. S urvey exposes mine personnel to risks of fall, slide, and

encounter with heavy equipment

. S pending less time on or near the stockpile can mitigate these risks . In these hazardous environments, we believe that the use of a

small u nmanned aircraft offers a fast and safe alternative to human measurement and inspection. Acreage fo r survey has already been permitted for the use of explosives and is sited away from population, roadways, airports, and low

- flying aircraft. Access to the sites is strictly controlled by safety protocols. These protocols are enforced by the Mine Safety an d Health Administration (MSHA) and state agencies.

Stockpile survey techniques are of three general types:2

1. Total stations and GPS with prism and reflector or reflectorless;

2. Terrestrial laser scanners, fixed

- position or mobile;

3. Aerial photogrammetry by manned aircraft.

There are safety risks to personnel in all three practices. 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 qua rry employee. The second technique, terrestrial laser scanner, involves setting up scanners on the ground or transporting them around in the quarry in a vehicle for good measurement angles. Measuring from the bottom of the quarry may not give accurate measures , and there are many obstacles to view. 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 o verhangs, and interaction with heavy vehicles is a hazard.

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

Because of these factors, ground access to stockpiles and equipment is hazardous and is regulated by the United States Department of Labor’s Mining and Health Administration (MHSA). In addition to the MHSA, there are 30 States that have regulatory agencies monitoring the mining industry.

The 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 leve l.

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 in which they are

located

. Property perimeters are strictly controlled due to danger, including frequent explosive use . S ometimes more than a million pounds of non commercial materials3

per year per site are necessary to move to reach material production of more than two

million tons . Aircraft overflying surface quarries are vulnerable to flyrock and

shockwaves.

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 visual line of sight ( VLOS ) flight operations fit well within boundaries. Using a small electric aircraft lets the pilot and survey crew work at a safer standoff from danger, and accomplish tasks in less time than other ground

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

DESCRIPTION OF PETITIONER

Firmatek, L.L.C. offers laser profiling and laser stockpile measurement services to the surface mining indu stry. Firmatek is the premiere supplier of 3D mapping services for

all industries that deal with the me asurement and movement of earth. Firmatek effort to bring s to clients same

- day results, setting the standard for the industry.

NAME OF PETITIONER

Gan t Elmore, Vice President Firmatek, LLC 9360 Corporate Dr., Suite 103 Selma, TX 78154 Telephone: (210) 651

- 4990

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@remotepilotsystems.com4

DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM

Firmatek Instrument wishes to fly the Aibotix X6, 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 use. If the r adio control link is lost, emergency failsafe is designed to prevent flyaway and perform a controlled descent or, if GPS signal is sufficient, return to the takeoff point. The flight control system can fly pre

- programmed waypoints yet respond immediately t o pilot stick overrides in case of route adjustment or emergency. Its radio control system incorporates telemetry which is displayed on the pilot’s handheld controller and may be announced by voice. The X6 aircraft is optimized for aerial survey and incorp orates safety features to reduce pilot workload. The aircraft is less than four feet in diameter, made

of carbon

- fiber reinforced polymer in high

- visibility green, with protective blade guards surrounding six rotors, and is designed for a maximum takeoff w eight of 13 pounds and flight time of about thirty minutes with its dual battery power. The aircraft carries no flammable liquid fuel.

RF SPECTRUM

Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spe ctrum 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 Firmatek Flight Operations Manual ( FFOM ), along with procedures to ensure radio safet y with the SUAS.

EXTENT OF RELIEF SOUGHT AND WHY

Petitioner asks for relief from regulations tabled below, which the authority of 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 r otorcraft. Firmatek ’s Flight Operation Manual ( FFOM ) incorporates the conditions and limitations of these grants of exemption, and in some cases imposes stricter limits on its own operations. Advisors to Firmatek have consulted with management of the federal MSHA in the development of its safety procedures for use in regulated surface mines.5

CFR CODE CITATIONS

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 command for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption request. C haracteristics 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 Firmatek's flight safety plan; PIC with minimum of sport pilot certif

icate, currency in the aircraft listed on the certificate,

3rd class medical or valid U.S. driver’s license, pilot training, testing, proficiency with similar and same model UA; and inspection/maintenance are defined in the Firmatek Flight Operations Manua l (FFOM) and will ensure equivalent levels of safety if not more. 61.113 (b) Private pilot privileges

and limitations: Pilot in

command. Holder of private pilot

certificate may 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 request, not
incidental to business or employment. There is no passenger or pilot

on board the SUAV, thus safety issues are different than a manned flight. Firmatek’s aircraft has programmable automated safety features and emergency responses, has pre

flight checks for safety beyond commercial manned aircraft, can be geographically restric ted by operator with programmable control points,

has communications with the PIC regarding fuel loss and other flight hazards. PIC will have ground school training

certificate and additional 25 hours logged flight time and 25

hours classroom and field

ins truction as stated in FFOM.6

14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY 91.119 (c) Minimum safe altitudes

over other than congested area 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 aircraft in flight. Some flights may require the participation or guidance of quarry personnel, positioned as

close as 200 feet. Firmatek will brief them on safety and obtain

necessary con sent. 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

FFOM.

91.121 Altimeter settings Procedures to set and confirm altitude do not provide for operation of remote telemetry to SUAS pilot. An onboard air pressure sensor and software resolve height

differences as small as one

centimeter. Altitude is

contr olled by measuring air pressure and the z

- - ‐ axis accelerometer/GPS values. The starting point is a relative height measurement calculated by the flight controller. Altitude above ground is displayed on the pilot's handheld controller by telemetry, and alar ms can signal conditions of interest.

400 feet AGL is the maximum permissible in the FFOM,

which describes altimeter procedures.7

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 with

its 2 batteries. Battery voltage under load is displayed on the pilot's

handheld co ntroller during flight. The X6 uses 2 lithium polymer batteries of a multi

- - ‐ cell design, connected in parallel for redundancy and optimal current delivery. Battery chemistry does not support adequate current discharge below about 3 v per cell. Circuitry i n 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 fail, these minimums may be reached sooner than expected, due to rapid current drain agains t a smaller number of functioning cells. Firmatek pilots are trained to monitor voltage and recognize abnormal discharge in flight and to land sooner

than forced. If 20 minutes of flighttime or 25% of reserve voltage under load is reached, pilot must comme nce 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

per sonnel, reasonable alternatives must be developed to maintain equivalent levels of safety. Firmatek will document maintenance, overhaul, replacement and inspection requirements in the absence of manufacturer's requirements;

will document and maintain

main tenance records and technician qualification criteria

in the FFOM.

91.405 (b) Maintenance records. 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 testing for maintenance personnel are defined in the

FFOM.8

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 procedure

for a person who can approve a return to service of an SUAS, and a

reasonable alternative must be developed to maintain equivalent

levels o f safety. Procedures for the PIC to test then approve a return to

service after maintenance are

defined in the FFOM.

91.409 (a) (1) Inspections. 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. Schedules for inspection and responsibilities of th e PIC and qualified technician are

described in the FFOM.

91.409 (a) (2) Inspections. Issuance of airworthiness certificates for SUAS under 55 pounds operated VLOS is not contemplated by these regulations Airworthiness is the responsibility of the PIC and

the technician as defined in the

FFOM. 91.417 (a) Maintenance records. Regulations do not contemplate requirements or approval processes for maintenance and inspection of uncertificated SUAS, however a

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

FFOM.

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 o f safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the

FFOM.

PILOT IN COMMAND AND CREW

The Pilot In Command (PIC) must hold a transport, commercial, private, recreational,

or sport pilot certificate

, and be in compliance with the training and testing specified

in the FFOM . 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 Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must be in compliance with the training and testing specified in the operator’s manual. He must remain in radio communication with a visual observer who is in compliance with the training

and test ing 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 thirdclass airman medical9

certificate. He must operate within visual visual line of sight only, and be able to see

t he attitude and orientation of the aircraft himself. If GPS or magnetometer is compromised, certain safety features may not operate, and the pilot must understand by his training and experience how to recover control.

OPERATION OF THE UNMANNED AIRCRAFT

The aircraft will be under the operational control of the petitioner.

1. The aircraft used for survey operations by Firmatek will be only the Aibotix

X6 as described in the Firmatek F light O perations M anual (FFOM) , unless the FAA approves an amendment t o this petition.

2. The PIC will hold a transport, commercial, private, recreatio nal, or sport pilot certificate , a third

- class medical certificate or or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a

p ossession, or the Federal government , and must meet flight review requirements in an aircraft in which the PIC is rated, according to 14 CFR §

61.56.

3. Firmatek pilots will operate at least three (3) nautical miles outside populated areas, at less than 400 feet AGL, in class G airspace, in daylight hours only and within visual line of sight of the PIC, five (5) nautical miles or more away from airports as denoted on current F AA

- published charts, and use a

F FOM

- qualified visual observer in radio communicatio n with the PIC.

4. Manufacturer’s limitations of the aircraft will not be exceeded, and

Firmatek ’s operations will adhere to power reserves and lower operational

limits described in the FFOM

. 5. Preflight inspection by the PIC, and inspection and maintenance pr ocedures will be followed according to the FFOM , and will be properly documented and signed for by an authorized technician who has completed training specified in the FFO M.

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

docum ented.

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

8. Discrepancies discovered between inspections will be documented by

Firmatek maintenance personnel

.10

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 FFOM in

e vent of lost link, degraded navigation signals, or appearance of unauthorized persons within the secure flight perimeter

. 11. A commercial Certificate of Authorization will be obtained by FAA’s designated procedure before any operations are conducted, and Noti ces to Airmen will be filed in accordance with FAA requirements.

12. An N

- Number will be obtained for all aircraft operated

. 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 PI C at the point of flight and 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 stat ionary ground position and not from any moving device or vehicle.

17. No operations over congested or densely populated areas is allowed, whether

or not these areas are depicted on aeronautical charts.

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

conducted within 500 feet of non

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

19. All operations will be conducted over controlled

- access property, that is,

mineral quarries and other properties where the movement of large tonnage

of earth is done , for which permission has been obtained prior to flight, and for which safety briefings have been completed according to the FFOM

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

BENEFIT TO THE PUBLIC

The proposed exemption will allow the operator to :

 mitigate the safety risks for clients who must conduct regular surveys of hazardous stockpiles of minerals and/or track the displacement of earth

tonnage

,

 will reduce the risk of climb and fall during equipment inspection,11

 will help quarry operato rs plan safe use of explosives,

 will reduce the number of flights of manned aircraft for regular survey the reby diminishing the danger of such use, both to those onboard as well as to people and prop erty 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, 56.9312, and

citations in the FFOM

). The SUAS operation offers safer alternatives to stockpile inspection tha n 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 survey and inspection will be performed at lower risk to participants.

REASONS WHY THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT

SAFETY

The survey aircraft will be operated in accordance with safety protocols defined in the

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

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

People o n 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 Firmatek , SUAS operations enhance safety procedures and help w ith MSHA compliance. When operated by licensed pilots over a rock quarry, an SUAS used for survey and inspection will reduce the risk and duration of exposure to risk for employees, contractors, nearby communities and manned aviation.

When properly oper ated by trained pilots, a well

- designed SUAS can stay clear of people and property on the ground and in the air. Procedures, airmanship skills, training and testing requirements for SUAS personnel in the FFOM will let the12

operator achieve safety levels in the NAS and on the ground which are equivalent to or greater than in manned aviation.

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)

in order to operate a small unmanned aircraft system (SUAS) for purposes of 3D modeling of surfac e mine stockpile volume survey , and blasting plan support. 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 train ing, safety clothing, and vehicles protected against rock strike. Surface mines for survey are located away from populated areas, airports, air traffic, and

surface traffic.

Electronic ground

- based survey techniques expose people to risk of rockfall, sl ide, and falling. The Mine Safety and Health Administration regulates access to surge piles, stockpiles, and the highwall 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 surface mine, which may be 500 to more than 3500 feet deep.

The survey aircraft, an Aibotix X6, is an electric multirotor weighing less than 15 pounds, under 4 feet in diameter, equipped with flight control and safety features to

p revent 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.