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Submitted electronically

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 commerical 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. Survey exposes mine personnel to risks of fall, slide, and 

encounter with heavy equipment. Spending less time on or near the stockpile can 

mitigate these risks. In these hazardous environments, we believe that the use of a 

small unmanned aircraft offers a fast and safe alternative to human measurement and 

inspection. Acreage 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 the sites is strictly controlled by safety protocols. These protocols are enforced by 

the Mine Safety and Health Administration (MSHA) and state agencies. 

Stockpile survey techniques are of three general types: 
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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 quarry 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 overhangs, 

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. Descent into the quarry is not an option. Many survey 

targets are 500 or more feet below nearby ground level. 

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. Sometimes more than a million pounds of non commercial materials 
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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 of 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 industry. Firmatek is the premiere supplier of 3D mapping services for 

all industries that deal with the measurement and movement of earth. Firmatek effort 

to brings to clients same-day results, setting the standard for the industry.

NAME OF PETITIONER 

Gant 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.com 
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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 radio 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 to 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 incorporates 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 weight 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 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 Firmatek Flight Operations Manual (FFOM), 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 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 rotorcraft. 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. 
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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. 

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 

Firmatek's flight safety plan; 

PIC with minimum of sport 

pilot certificate, 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 Manual (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 preflight checks for safety beyond 

commercial manned aircraft, 

can be geographically restricted 

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 

instruction as stated in FFOM. 
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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 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 

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 

controlled 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 alarms can 

signal conditions of interest. 

400 feet AGL is the maximum 

permissible in the FFOM, 

which describes altimeter 

procedures. 
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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 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 chemistry 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 fail, these 

minimums may be reached 

sooner than expected, due to 

rapid current drain against 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 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. 

Firmatek will document 

maintenance, overhaul, 

replacement and inspection 

requirements in the absence of 

manufacturer's requirements; 

will document and maintain 

maintenance 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. 
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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 of 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 the 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 maintain 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 of 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 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 thirdclass airman medical 
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certificate. He must operate within visual visual line of sight only, and be able to see 

the 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 Flight Operations Manual (FFOM), unless 

the FAA approves an amendment to this petition. 

2. The PIC will hold a transport, commercial, private, recreational, 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 

possession, 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 FAA-published charts, and use a 

FFOM-qualified visual observer in radio communication 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 procedures 

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 FFOM. 

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

documented. 

7. Manufacturer systems and safety bulletins will be followed, and flight critical 

components will be monitored and replaced when specified in the FFOM. 

8. Discrepancies discovered between inspections will be documented by 

Firmatek maintenance personnel. 
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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 

event 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 Notices 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 PIC 

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 stationary 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 operations 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 transgressions 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,
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 will help quarry operators plan safe use of explosives,

 will reduce the number of flights of manned aircraft for regular survey thereby 

diminishing the danger of such use, 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, 56.9312, and 

citations in the FFOM). 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 survey 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 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 Modernization 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 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 Firmatek, 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 will reduce the risk and duration of exposure to risk 

for employees, contractors, nearby communities and manned aviation. 

When properly operated 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 the 
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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 surface 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 training, 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, slide, 

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 

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.