Holland & Hart LLP Attorneys at Law 

Phone (202) 393-6500 Fax (202) 393-6551 www.hollandhart.com

975 F Street NW Suite 900 Washington, DC 20004 

Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C.

Victoria L. Strohmeyer 

Of Counsel 

Phone (202) 654-6924 

Fax (202) 540-9267 

VLStrohmeyer@hollandhart.com 

July 2, 2015 

VIA E-FILING 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Barrick Gold Corporation Petition for Exemption 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (see Pub. 

Law 112-95, 126 Stat. 11, § 333 (2012) (“Section 333”) and 14 C.F.R. Part 11, Barrick Gold of 

North America, Inc., on behalf of itself and its affiliated companies, (“Barrick”) seeks an 

exemption from the Federal Aviation Administration’s (“FAA”) regulations noted below. 

Barrick seeks exemptions from these regulations to allow operations of unmanned aircraft 

systems (“UAS”) under strict protocols to replace current manned operations used in Barrick’s 

commercial mining business. The FAA may issue a summary grant when it finds it has already 

granted a previous exemption similar to a new request; Barrick’s exemption request is similar to 

others granted by FAA and would not set a precedent.1

 Therefore, Barrick further requests that 

the FAA process this petition for exemption using the summary procedures. 

I. Introduction

Barrick is a senior gold producer with U.S. operations in Nevada and Montana.2

 

Barrick’s environmental stewardship program is part of its strong corporate responsibility 

culture. For the past seven years, Barrick has been listed on the Dow Jones SustainabilityTM

World Index, ranked most recently as the top performer in the mining industry category. Barrick 

recognizes that its ongoing success is tied to the success and stability of its host communities, 

and to its reputation as a responsible partner in resource development. In all locations, Barrick 

works diligently to manage the impacts of its operations, provide a safe workplace for its 

employees, and ensure that communities and society derive long-term benefits from the mining 

activities. Barrick will use its UAS to support these goals. 

 

1 See, e.g., Voler, Inc., FAA Docket No. FAA-2014-1106, Grant of Exemption at 2 (Apr. 16, 2015). 2

 Although Barrick has mining operations in Montana, this exemption request addresses only the Nevada sites. 
July 2, 2015 

Page 2 

Six of Barrick’s seven operating mines in the United States are located in northern 

Nevada. The Nevada mines are remote and areas surrounding the mines are sparsely populated. 

These mines are at least 33 miles from any airport, 20 miles from any town, and 16 miles from 

any residence. Three of Barrick’s mines are located in Eureka County, Nevada, which has a 

population of less than 2,000 people. Bald Mountain Mine is located in White Pine County, 

which has a population of approximately 10,000 people, and Turquoise Ridge Mine is located in 

Humboldt County, which is home to approximately 16,000 people. Round Mountain Mine is 

located in the largest county in Nevada, Nye County (18,147 sq. miles), which has a population 

less than 44,000 people. 

Currently, Barrick surveys mine sites for mine planning and environmental monitoring 

using both aircraft, and personnel driving down the mine in a truck and climbing atop stockpiles. 

If Barrick’s exemption request is granted, Barrick will replace manned operations with UAS 

operations for conducting surveillance of Barrick’s mine sites. Barrick will conduct these 

operations in accordance with the limitations and restrictions noted herein, and according to FAA 

regulations. Granting this exemption request will serve the public interest because the proposed 

operations will allow for more effective surveillance as part of Barrick’s environmental 

compliance programs. Furthermore, the UAS operations will be safer than manned operations 

for the same purpose because ground travel and the use of aircraft will be minimized by use of 

UAS, and the UAS is lighter (under 10 lbs. vs. 6,000 lbs)3

 and will not pose danger to pilot or 

crew.

4

 Therefore, approval of this request for exemption will provide a greater level of safety.5 

The name and address of the applicant is: 

Barrick Gold of North America, Inc. 

460 West 50 North, Suite 500 

Salt Lake City, Utah 84101 

Attn: General Counsel 

Ph: (801) 990-3745 

In this request for exemption, Barrick relies upon FAA’s previous exemptions issued 

under Section 333’s authority. In light of these previously issued exemptions, Barrick requests 

exemptions6

 from the following regulations: 

14 C.F.R. Part 21, Subpart H; 

14 C.F.R. Part 27; 

14 C.F.R. § 45.23(b); 

 

3 See Team 5, LLC, FAA Docket No. FAA-2014-0783, Grant of Exemption at 12 (Jan. 29, 2015). 4 See id. 

5 See section 333 of the FMRA. 6

 For some of the regulations listed (e.g., 14 C.F.R. Part 21, 14 C.F.R. §§ 45.23(b), 91.7 (a), 91.9(b)(2), 91.109(a), 

and 91.203(a) and (b)), Barrick presents its rationale for why the exemption is not required, but nevertheless 

includes the request should FAA deem such an exemption necessary. 
July 2, 2015 

Page 3 

14 C.F.R. § 45.27(a); 

14 C.F.R. § 61.113; 

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.9(b)(2); 

14 C.F.R. § 91.9(c); 

14 C.F.R. § 91.103; 

14 C.F.R. § 91.109(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.121; 

14 C.F.R. § 91.151(b); 

14 C.F.R. § 91.203(a)&(b); 

14 C.F.R. § 91.405(a); 

14 C.F.R. § 91.407(a)(1); 

14 C.F.R. § 91.409(a); 

14 C.F.R. § 91.417(a)&(b). 

 Barrick submits several attachments with this request, including Lockheed Martin 

Procerus Technologies’ (“Lockheed”)7

 Indago User Guide,8 Kestrel Autopilot System User 

Guide,9 the Stratos Aerial Manuals,10 and Barrick Gold UAS Operations Protocols11

(collectively, “Manuals”). These Manuals provide information regarding the airframes and the 

ground control systems (“GCS”) used in the UAS. Additionally, Barrick is also submitting an 

electronic file containing the locations of its mines (“.kmz file”). Because the Manuals and the 

.kmz file contain proprietary information, Barrick requests confidential treatment per 14 C.F.R. § 

11.35(b) and protection from release under the Freedom of Information Act.12 

II. Background and Public Interest 

Barrick requests this exemption as part of its proactive environmental and safety 

programs. As a leader in environmental stewardship and health and safety in the mining 

industry, Barrick is always looking for new ways to improve its monitoring programs. Barrick 

plans to operate UAS manufactured by Lockheed and Stratos.13 Barrick will use the UAS to 

perform precision aerial analysis using still and video photography via a camera incorporated 

into the UAS. 

 

7

 Lockheed Martin Corporation acquired Procerus Technologies in 2012. 

8

 Attachment A. 

9

 Attachment B. 

10 Attachment C. The Stratos systems are comprised of the DJI S900 airframe with the 3DR Pixhawk flight 

controller and the CoPilot from DroneDeploy. 

11 Attachment D. 

12 5 U.S.C. § 552, et seq. 13 Barrick may request to amend this request for exemption in the future with other unmanned aircraft systems. 
July 2, 2015 

Page 4 

Barrick’s operations in the United States consist of seven operating mines and several 

major development projects, all located in the Intermountain West. The mines in northern 

Nevada are remote and areas surrounding the mines are sparsely populated. Each mine covered 

by this exemption request is at least 33 miles from any airport, 20 miles from any town, and 16 

miles from any residence. Three of Barrick’s mines are located in Eureka County, Nevada, 

which has a population of less than 2,000 people. Bald Mountain Mine is located in White Pine 

County, which has a population of approximately 10,000 people, and Turquoise Ridge Mine is 

located in Humboldt County, which is home to approximately 16,000 people. Round Mountain 

Mine is located in the largest county in Nevada, Nye County (18,147 sq. miles), which has a 

population less than 44,000 people. 

Barrick’s sites are closed to the public, with no open road access. Barrick proposes to 

monitor mine sites by flying the UAS into the mines to ensure the integrity and safety of the 

sites. Under normal circumstances, there are no personnel working in the area of the mine pits 

subject to the surveillance. Barrick also owns uninhabited ranchland not far from its mine sites 

and may use the UAS to perform plant and wildlife surveys. 

Granting Barrick’s request will serve the public interest by ensuring compliance with 

environmental best practices and regulations applicable to mining operations, and by advancing 

safety for mine personnel. Barrick personnel have to drive down into mines or climb atop 

stockpiles to perform safety inspections. Barrick has also engaged manned aircraft to perform 

surveillance. In addition to allowing time-sensitive responses to safety issues, UAS operations 

would allow the benefits of aerial operations while decreasing the expense, environmental 

impact, and danger involved with traditional inspection techniques. Unlike a conventional 

aircraft with a pilot, passengers, and cargo on board, the UAS will be remotely controlled and the 

only cargo would be the camera. Furthermore, Barrick’s UAS rely upon battery power rather 

than a flammable fuel, thereby reducing the hazard resulting from any potential impact. 

Therefore, Barrick’s proposed operations will provide at least an equivalent level of safety as 

would traditional aircraft operations, while benefiting the environment and public safety because 

of the unmanned nature of the operations and the smaller size of the UAS. Barrick’s proposed 

operations will fully comply with the FAA’s regulations, except for those regulations from which 

Barrick is granted an exemption. 

Without the UAS, Barrick has to hire helicopters to perform these inspections, or drive 

down the mine sites in trucks. UAS operations will allow Barrick to monitor areas that are 

potentially hazardous for surveyors on foot and allow reaching areas inaccessible due to 

conditions. UAS operations would strengthen Barrick’s on-site monitoring activities and provide 

greater detail than traditional tracking methods. In addition, Barrick, as a result of its experience 

with UAS operations throughout the world,14 already has a developed UAS internal compliance 

program already in place. Considering these facts, Barrick’s use of its UAS in compliance with 

 

14 See http://barrickbeyondborders.com/mining/2014/10/the-skys-the-limit/#.VQwrYfnF81K. 
July 2, 2015 

Page 5 

the Manuals provide a greater level of safety than use of a 3 ton manned aircraft carrying crew 

and flammable fuel. Therefore, granting Barrick’s requested exemption is in the public interest. 

III. Barrick’s Proposed Operating Protocols 

As explained more fully in Attachment A, the Indago that Barrick plans to use weighs 

only 4.25 lbs. (assuming a 200 gram camera or other equipment). The other small UAS models 

that Barrick may use weigh under 10 lbs.; see Attachment C. Regardless of the maximum speed 

capacities of the unmanned aircraft, Barrick will not exceed 22 knots during its proposed 

operations. The UAS that Barrick intends to use are capable of hovering and moving vertically 

and horizontally. Barrick’s UAS are equipped with several automated control features in the 

GCS, allowing for the safest possible operation of the UAS. All flights will be pre-programmed 

using the GCS, relying upon global positioning system (“GPS”) technology. 

Barrick will ensure that it does not fly its UAS higher than 400 feet above ground level 

(“AGL”), and only within the line of sight of the pilot in command (“PIC”). At all times, the 

UAS will be flown no closer than 500 feet from nonparticipating person, vessel, vehicle, or 

structure not involved in the UAS operations. At no time will Barrick conduct UAS operations 

over congested areas.15 

For all UAS operations, Barrick will use both a PIC and a visual observer (“VO”). Both 

the PIC and the VO will be trained on use of the UAS according to the manufacturer’s training 

program. During each flight, the PIC will retain and perform all responsibilities of the PIC. At 

all times, the PIC and the VO will maintain a visual line of sight with the UAS. The PIC will be 

tasked with the primary responsibility of UAS operations, and therefore, will ensure that the 

UAS will remain in the visual line of sight of the PIC and the VO. Barrick will use PICs holding 

a private pilot license and a third-class airman medical certificate. Therefore, Barrick’s proposed 

operations are consistent with those approved in other grants of exemption. Barrick will 

maintain the materials required by 14 C.F.R. §§ 91.9(b)(2) and 91.203(a) and (b) in a location 

accessible to the PIC, as has been previously approved by the FAA.16 

At all times, Barrick’s operations will adhere with the UAS operations protocols set forth 

in the Manuals. Key procedures that support Barrick’s request for exemptions include: 

 The PIC will perform preflight inspections of the UAS before flight in compliance with 

the Manuals. 

 All Barrick personnel involved with UAS operations will receive training from the UAS 

manufacturer. 

 

15 Although there is no FAA definition of “congested area,” because there are no inhabitants in the mining regions to 

be surveyed as part of Barrick’s UAS operations, Barrick is confident that the area of its proposed operations is not a 

congested area. 

16 See, e.g., Trimble Navigation Ltd., FAA Docket No. FAA-2014-0367, Grant of Exemption at 17 (Dec. 10, 2014) 

(“Trimble Exemption”). 
July 2, 2015 

Page 6 

 Barrick will follow all of the manufacturer’s maintenance and replacement requirements, 

including all manufacturer System and Safety Bulletins. 

 Barrick will apply for a Certificate of Waiver or Authorization (“COA”) when required, 

and provide advance notice of all operations through the filing of notices-to-airmen with 

the FAA. Barrick will engage the local Flight Standards District Office to obtain 

information to develop its flight plans. 

 All UAS operations will take place in uncongested, unpopulated, privately-owned or 

controlled access areas, and Barrick will comply with all legal requirements with respect 

to affected land owners and federal, state or local authorities. 

 All UAS operations will occur during daylight hours. 

 All operations will occur under visual meteorological conditions. 

 The UAS will fly no higher than 400 feet AGL and always maintain minimum safe 

altitudes per 14 C.F.R. § 91.119, and all operations will be confined to Class G airspace. 

 The PIC will be properly licensed and will ensure that the VO can perform the required 

functions. Only a single PIC will be designated for each flight. 

 The PIC and the VO will remain in verbal contact at all times during UAS operations. 

 The UAS will remain within visual line of sight (“VLOS”) of the PIC and the VO 

unaided. 

 Barrick will not operate the UAS 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. 

 Barrick will always operate the UAS from the ground rather than from a moving device 

or vehicle. 

 Barrick’s operations will always be at least 5 miles from any airport. 

 The Aircraft Flight Manual and other Manuals will be kept in a location accessible to the 

PIC, in addition to being loaded on the GCS. 

The physical and technical characteristics of the UAS also support Barrick’s request for 

exemption. The UAS that Barrick proposes to use have semi-autonomous GCS and auto-pilot 

system navigation and control systems. Although the PIC will have override capabilities at all 

times during the UAS operations, each flight is pre-programmed with GPS guidance. In certain 

circumstances, flightpaths can be altered after programming. In the event of a loss of GPS or 

lost link to the GCS, the UAS will automatically return to a pre-programmed safe point, or allow 

for PIC manual control. 

Additional automated safety functions and features of Barrick’s UAS include: 

 The UAS are small enough to be transported in a car or truck to the area of operations, 

and do not carry passengers, crew, or cargo other than the monitoring device or camera. 

 The autopilot failsafes handle loss of communications, loss of GPS, and low battery 

conditions. If the GCS unit or the UAS detect a lost link or a loss of GPS signal, the 

UAS will return to a pre-programmed safe point. 
July 2, 2015 

Page 7 

 The UAS will rely upon pre-programmed controls and built-in capabilities that limit the 

UAS operations to the predetermined flightpath and operating conditions. The UAS will 

be identified by serial number, registered per 14 C.F.R. Part 47, and have N-Numbers, as 

large as practicable, per 14 C.F.R. Part 45. 

 The UAS use battery power rather than fuel, and will transmit information regarding the 

remaining battery power in volts and/or minutes, and percentage of battery used. 

 The UAS will not exceed an airspeed of 22 knots. In the event of a dive situation, an onboard failsafe will limit the UAS to a safe descent speed. 

 Although the battery provides for up to a 40 minute flight with a 200 gram payload, 

because wind and weather conditions can affect the life of the battery, Barrick will 

restrict flights to 30 minutes or less, depending upon the characteristics of the UAS. 

Because the flights will be conducted within the VLOS, the UAS will never be more than 

10 minutes away from the preplanned landing spot. 

 The UAS are equipped with an automatic landing protocol in the event that transmission 

is lost between the PIC and the UAS. 

 The UAS motors are driven by a pulse width modulated signal, not an analog signal. 

Because Barrick will conduct its UAS operations: (i) in Class G airspace preapproved by 

the FAA, (ii) over uninhabited, controlled access lands, and (iii) under the protocols in the 

Manual, Barrick’s UAS operations will not create a public hazard. 

IV. Legal Requirements for Exemption 

Section 333 requires that the Secretary of Transportation determine whether certain 

unmanned aircraft systems may operate safely in the NAS before implementation of generally 

applicable regulations governing unmanned aircraft systems operations in the national airspace 

system (“NAS”). This law gives the FAA the authority to grant exemptions for use of 

commercial UAS operations in the NAS if the UAS operations are found to be in the public 

interest and performed according to FAA established requirements for safe operation. Therefore, 

the FAA may determine that commercial UAS operations are safe after review of the small 

UAS’s features and the operating conditions.17 Based upon the conditions set forth in Section 

333 and a public interest finding, the FAA has issued over seven hundred exemptions for limited 

small UAS operations after considering the size, weight, speed, and limited operating area 

associated with the proposed operations. 

 

17 Section 333(b) provides that the Secretary of Transportation determine: 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of 

the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of 

waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). 
July 2, 2015 

Page 8 

The FAA has the authority to grant exemptions from a requirement of a regulation 

prescribed under subsection (a) or (b) of 49 U.S.C. § 44701, or 49 U.S.C. §§ 44702-44716, after 

a finding that the exemption is in the public interest. A petition for exemption must establish 

why granting the exemption is in the public interest;18 it must also include “[t]he reasons why 

granting the exemption would not adversely affect safety, or how the exemption would provide a 

level of safety at least equal to that provided by the rule from which the exemption is sought.” 

14 C.F.R. § 11.81.(e). 

V. Barrick’s Proposed Operations Meet the Legal Requirements for Exemption 

Barrick requests exemptions from several provisions of the FAA regulations to allow for 

its UAS operations. 

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

14 C.F.R. Part 21, Subpart H sets forth the procedural requirements for the issuance of 

airworthiness certifications.19 The FAA has determined airworthiness certificates are not 

required for certain small UAS.20 The UAS that Barrick proposes to use will meet the size, 

weight, speed and limited use criteria set forth in Section 333. Therefore, Barrick expects that no 

exemption from these sections are required.21 However, if the FAA determines that an 

exemption is necessary, the protocols for Barrick’s proposed operations would provide at least 

the equivalent level of safety as would adherence to these regulations. 

The UAS Barrick proposes to use weigh under 10 lbs. pounds and will fly no faster than 

22 knots. The UAS will remain in the line of sight of the operator at all times and the operator 

will comply with all local public safety requirements. The UAS carries no persons or volatile 

materials and will be utilized pursuant to the specific directions in its Manuals. When required, 

Barrick will give the FAA advance notice before operating its UAS using the NOTAM system. 

The physical and operational characteristics of the UAS together with Barrick’s restricted 

operations provide at least an equivalent level of safety as conventional rotorcraft operations 

under an airworthiness certificate. 

 

18 14 C.F.R. § 11.81.(d). 

19 A person may not operate a civil aircraft in air commerce without an airworthiness certificate. 49 U.S.C 

44711(a)(1). However, Section 333(b)(2) allows the Secretary of Transportation to determine that an airworthiness 

certificate is not necessary for certain small UAS when (i) the operation must not create a hazard to users of the 

national airspace system or the public; and (ii) the operation must not pose a threat to national security. In making 

this determination, the FAA should consider the UAS’s size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of sight. 20 See FalconSkyCam, FAA Docket No. FAA-2014-0884, Grant of Exemption at 2, 9 (Mar. 6, 2015) 

(“FalconSkyCam Exemption”). 

21 Similarly, Barrick assumes that any associated noise certification and testing requirements of 14 C.F.R. Part 36 

are not necessary. See id. at 2. 
July 2, 2015 

Page 9 

B. 14 C.F.R. Part 27 - Airworthiness Standards: Normal Category Rotorcraft 

Part 27 prescribes the airworthiness standards for the issuance of and changes to 

certificates for normal category rotorcraft weighing 7,000 pounds or less.22 If Barrick requires 

certification under this Part, it requests that FAA exempt Barrick from the regulation for the 

reasons identified in Section IV.A above. 

C. 14 C.F.R. § 91.7 (a) – Civil Aircraft Airworthiness 

14 C.F.R. § 91.7(a) prohibits parties from operating civil aircraft unless the aircraft is in 

airworthy condition. No exemption is required for section 91.7(a) if the Part 21 requirements are 

waived or deemed inapplicable.23 All of Barrick’s UAS operations must comply with the 

requirements in the Manuals, including the PIC’s pre-flight safety review, performance of all 

scheduled maintenance, and the restriction of all flights to VLOS and Visual Flight Rules 

(“VFR”) conditions. Because Barrick’s protocols will provide at least an equivalent level of 

safety as the airworthiness certificate, Barrick believes that the requirement in 14 C.F.R. § 

91.7(a) will not apply, and no exemption is required for this section. 

D. 14 C.F.R. §§ 45.23(b), 45.27(a), and 91.9(c) – Civil Aircraft Marking 

Requirements 

Civil aircraft operators must mark their aircraft in accordance with 14 C.F.R. Part 45 

prior to operation.24 Section 45.23(b) requires that an aircraft operator display on the aircraft the 

registration number, beginning with a capital “N.”25 When only the registration number is 

displayed on “limited, restricted, or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on the aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

“limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.”26 Section 

45.27 requires that a rotorcraft operator display these marks horizontally on both surfaces of the 

rotorcraft cabin, fuselage, boom, or tail.27 The FAA has previously granted an exemption from 

these requirements as long the UAS has the “N-Number’ identification markings made “as large 

as practicable.”28 

 Barrick’s UAS will meet the equivalent level of safety of a manned aircraft normally 

used for the same application by including the N-Number identification markings on the main 

body or airframe of the UAS and making these markings as large as practicable. 

 

22 14 C.F.R. Part 27. 

23 See Astraeus Aerial, FAA Docket No. FAA-2014-0352, Grant of Exemption to at 13-14, 22 (Sept. 25, 2014) 

(“Astraeus Exemption”). 

24 See 14 C.F.R. § 91.9(c). 25 14 C.F.R. § 45.23(b). 

26 Id. 27 14 C.F.R. § 25.27(a). 

28 See Astraeus Exemption at 27. 
July 2, 2015 

Page 10 

E. 14 C.F.R. § 61.113 – Private Pilot Certificate Requirements, Privileges and 

Limitations 

14 C.F.R. § 61.113(a) states that, except for the situations listed in 61.113(b)-(h), a holder 

of a private pilot certificate may not act as PIC for an aircraft carrying passengers or property for 

compensation or hire. 

Barrick requests an exemption to allow its PIC to operate UAS for limited commercial 

operations performed in accordance with the Manuals with a private pilot license. Barrick’s 

proposed operations over controlled access lands after obtaining a COA and under the VLOS and 

VFR limits, as set forth in the Manuals, will provide all necessary safety precautions to achieve 

an equivalent level of safety as would compliance with section 61.113. Because there will not be 

flammable fuel, passengers or cargo in the UAS, and because all flights will take place over 

Barrick’s remote unpopulated land using a small UAS preprogrammed with emergency lost-link 

procedures, allowing Barrick to perform its proposed UAS operations with a private pilot license 

provides the same level of safety for the public and participants as would compliance with 14 

C.F.R. § 61.113. Additionally, all PICs operating Barrick UAS flights will complete the 

manufacturer’s initial and recommended refresher training programs. 

F. 14 C.F.R. § 91.9(b)(2) – Civil Aircraft Flight Manual 

A party must follow regulations regarding the Airplane or Rotorcraft Flight Manual 

(“flight manual”) before operating a U.S.-registered civil aircraft.29 If a flight manual is required 

by 14 C.F.R. § 21.5, the flight manual must be onboard and available on the aircraft during 

operation.30 If a flight manual is not required by 14 C.F.R. § 21.5, the aircraft must have 

onboard and available the current approved flight manual, approved manual material, markings, 

and placards.31 The FAA has determined that “relief from these sections is not necessary. 

Relevant materials may be kept in a location accessible to the PIC in compliance with the 

regulations.”32 

Barrick will meet the equivalent level of safety by keeping relevant materials in a 

location accessible to the PIC . 

G. 14 C.F.R. § 91.103 – Preflight Action 

This regulation requires that a PIC become familiar with all information concerning a 

flight before beginning the flight.33 This information includes weather reports and forecasts, fuel 

 

29 14 C.F.R. § 91.9(b). 

30 14 C.F.R. § 91.9(b)(1). 

31 14 C.F.R. § 91.9(b)(2). 

32 See Trimble Exemption at 17. 33 14 C.F.R. § 91.103. 
July 2, 2015 

Page 11 

requirements, alternatives if the flight cannot be completed, and known traffic delays.34 The 

pilot is also required to review information contained within the Airplane or Rotorcraft Flight 

Manual approved by FAA.35 This information includes “takeoff and landing distance data” and 

“information related to the aircraft performance under expected values of airport elevation and 

runway slope, aircraft gross weight, and wind and temperature.”36

Barrick’s PIC will be familiar with the weather reports and forecasts, fuel requirements, 

alternatives if the flight cannot be completed, and other information as required in the Manuals. 

However, Barrick requests an exemption from section 91.103 to the extent that the flight manual 

is required. Barrick will ensure an equivalent level of safety by following the specifications 

contained in the Manuals. The Manuals will be located electronically on the flight control laptop 

or tablet and will remain accessible to the PIC throughout operation of the UAS. 

H. 14 C.F.R. § 91.109(a) – Flight Instruction; Simulated Instrument Flight and 

Certain Test Flights 

14 C.F.R. § 91.109(a) provides that “[n]o person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls.” Barrick requests an exemption to this regulations because the UAS 

that Barrick proposes to use are remotely piloted aircraft, and do not have fully functional dual 

controls. Instead, the flights are controlled by the GCS’s radio communications with the aircraft. 

Because all operations will be conducted according to pre-programmed flight plans, the PIC will 

only command the UAS in emergency circumstances. The UAS manufacturer’s instruction 

program will ensure a level of safety equivalent to the dual control requirement. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft.37 

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

FAA restricts the altitudes at which an aircraft may be operated.38 “Except when 

necessary for takeoff or landing, no person may operate an aircraft [over areas other than 

congested areas, at an] altitude of 500 feet above the surface, except over open water or sparsely 

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.”39 

Barrick requests an exemption because it will operate its UAS at an altitude lower than 

500 feet AGL. The PIC and the VO may also be located closer than 500 feet to the UAS due to 

 

34 14 C.F.R. § 91.103(a). 

35 14 C.F.R. § 91.103(b). 

36 Id. 37 See Exemption Nos. 5778K & 9862A. 38 See 14 C.F.R. § 91.119. Note that 14 C.F.R. § 91.119(b) and (d) do not apply to Barrick’s proposed operations. 

39 14 C.F.R. § 91.119(c). 
July 2, 2015 

Page 12 

the nature of Barrick’s operations. However, Barrick will maintain an equivalent level of safety 

by following the operations protocols in the Manuals. The size and characteristics of Barrick’s 

UAS also support an equivalent level of safety despite the requested exemption from this 

regulation. The areas over which Barrick will operate its UAS are controlled access remote 

areas, and there will be no danger to the general public. Unlike traditional aircraft contemplated 

by this regulation, Barrick’s UAS are small and light. There are no people on board, and they 

carry no flammable fuel and, therefore, are less risky than conventional aircraft. Furthermore, 

Barrick will restrict its UAS operations to 400 feet AGL. 

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

14 C.F.R. § 91.121(a) requires that aircraft operators “maintain the cruising altitude or 

flight level” of an aircraft using an altimeter set “when operating below 18,000 feet MSL, to – 

(i) The current reported altimeter setting of a station along the route and within 

100 nautical miles of the aircraft; 

 (ii) If there is no station [as described in (i)], the current reported altimeter setting 

of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before departure. 

Barrick’s UAS determine altitude using a GPS system rather than by measuring 

the atmospheric pressure, as do traditional altimeters. Therefore, Barrick requests an 

exemption from this regulation because its UAS will not have an altimeter. However, 

Barrick will maintain the equivalent level of safety by using and monitoring and 

restricting the altitude of the flight via the GPS and the GCS in accordance with the 

Manuals. 

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

The FAA prohibits beginning a flight in a rotorcraft “under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly after than for at least 20 minutes.”40 

Barrick requests an exemption from section 91.151(b) because it relies upon battery 

power rather than fuel. Depending upon the model used, the batteries necessary to power the 

UAS allow for approximately either 16 or 40 minutes of powered flight. Therefore, it would be 

impractical and unnecessarily restrictive to conduct flight operations while maintaining the 20 

minute reserve. Allowing Barrick to conduct its UAS flights in a manner that reserves 25% of 

the battery power will provide an equivalent level of safety considering the size, weight, and 

 

40 14 C.F.R. § 91.151(b). 
July 2, 2015 

Page 13 

operational characteristics of the UAS. Barrick’s PICs will be able to monitor the percentage of 

battery charge remaining via the GCS and will be able to override the flight plan, if necessary. 

Furthermore, the characteristics of Barrick’s UAS (e.g., size, weight, speed, limited use, and lack 

of flammable fuel) and Barrick’s operations protocols (e.g., VLOS and operations over 

unpopulated areas) provide an equivalent level of safety as would the regulation. In other grants 

of exemptions for UAS, the FAA has agreed to safety equivalents related to reserves on battery 

life.41 

L. 14 C.F.R. § 91.203(a) and (b) – Certificates 

Section 203 prohibits parties from operating aircraft unless they have (1) an airworthiness 

certificate; and (2) a U.S. registration certificate issued to the aircraft owner for operation in the 

U.S., the second copy of the Aircraft registration application, or a registration certification issued 

by a foreign country.42 It further requires that the airworthiness certificate or special flight 

authorization be displayed in the cabin or cockpit entrance.43 

FAA has determined that relief from these sections is not necessary because no 

airworthiness certificate is required for similar UAS operations.44 Relevant materials may be 

kept in a location accessible to the PIC in compliance with the regulations.45 Furthermore, 

because there is no cockpit or cabin, it will be impossible to display an airworthiness certificate, 

as required by section 91.203(b). Therefore, Barrick requests an exemption to this requirement 

to the extent deemed necessary. 

M. 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a); 14 

C.F.R. § 91.417(a) and (b) – Maintenance Requirements 

Sections 91.405(a), 91.407(a)(1), and 91.409(a) require that repairs and inspection 

approvals be made as set forth in Part 43 of the regulations,46 and Section 91.417 sets forth the 

record keeping requirements for these sections. 

Barrick requests an exemption from these sections because the UAS that it intends to use 

will not have an airworthiness certificate. Previous FAA decisions indicate that Barrick will not 

need an airworthiness certificate for its UAS.47 Barrick will maintain an equivalent level of 

safety by conducting maintenance and inspections in accordance with the Manuals. 

 

41 See Trimble Exemption at 18-19. 42 14 C.F.R. § 91.203(a). 

43 14 C.F.R. § 91.203(b). 

44 See n.20. 45 See Trimble Exemption at 17. 46 14 C.F.R. Part 43 governs the maintenance, preventative maintenance, rebuilding, and alteration of any “[a]ircraft 

having a U.S. airworthiness certificate.” 14 C.F.R. § 43.1(a)(1). 

47 See Build Imagery, LLC, FAA Docket No. FAA-2014-0886, Grant of Exemption at 4 (Mar. 12, 2015). 
July 2, 2015 

Page 14 

VI. Privacy 

All flights will occur in compliance with federal, state, and local privacy laws. Barrick 

will conduct all operations and only take images of property that it owns or on which it has the 

right to conduct operations. Barrick is monitoring the implementation of the recently passed 

legislation48 in Nevada, and will remain apprised of new laws and abide by all current and future 

privacy rules. 

VII. Publication in the Federal Register 

Because the requested exemption would not set a precedent, there is good cause for not 

publishing a summary of this petition in the Federal Register. Furthermore, publication would 

cause an unnecessary delay that would be detrimental to Barrick.49 However, if the FAA decides 

that publication in the Federal Register is appropriate, below summary for publication. 

Barrick seeks an exemption from the following sections of Title 14 

of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 

91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 

91.151(b); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a); 

91.417(a) and (b). 

Granting this exemption would enhance public safety by aiding 

environmental compliance monitoring and protecting Barrick 

personnel, the public, and property owners from the dangers 

associated with performing these operations with conventional 

aircraft or other methods. 

VIII. Conclusion 

Barrick’s petition satisfies the requirements set forth in Section 333. Its operations would 

benefit the public by allowing safer monitoring operations and reducing the hazards attendant to 

manned operations. For these reasons, Barrick respectfully requests that the FAA grant the 

requested exemptions, in addition to any other exemptions deemed necessary, and permit Barrick 

to use its UAS to perform aerial surveillance. 

 

 

48 Nevada Assembly Bill No. 239 (passed on June 2, 2015 and approved by the Governor). 

49 14 C.F.R. § 11.87. See also Birdseye Video, LLC, FAA Docket No. FAA-2015-0051, Grant of Exemption at 1 

(Apr. 16, 2015). 
July 2, 2015 

Page 15 

Very truly yours, 

/s/ Victoria L. Strohmeyer 

Victoria L. Strohmeyer 

Of Counsel 

VLS 

Enclosures 

cc: Robert Pappas