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 Chey enne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt L ake 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 M odernization 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 Administra tion’s (“FAA”) regulations noted below. Barrick seeks exemptions from these regulati ons to allow operations of unmanned aircraft systems (“UAS”) under strict prot ocols 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 re quest; 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 exemp tion 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 Sustainability TM World Index, ranked most recently as the top pe rformer 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 respons ible partner in resource developm ent. 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 soci ety 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 air port, 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 Mount ain Mine is located in White Pine County, which has a population of approxi mately 10,000 people, and Turquoise Ridge Mine is located in Humboldt County, which is home to approxima tely 16,000 people. Round Mountain Mine is located in the largest county in Nevada, Ny e County (18,147 sq. miles), which has a population less than 44,000 people.

Currently, Barrick surveys mine sites for mi ne 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, Ba rrick 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 survei llance as part of Barrick’s environmental compliance programs. Furthermore, the UAS ope rations 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 reli es upon FAA’s previous exemptions issued under Section 333’s authority. In light of these previously issued exemptions, Barrick requests exemptions 6 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 Protocols 11 (collectively, “Manuals”). These Manuals prov ide 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 in formation, Barrick requests confid ential treatment per 14 C.F.R. § 11.35(b) and protection from release unde r the Freedom of Information Act. 12

II. Background and Public Interest

Barrick requests this exemp tion as part of its proactiv e environmental and safety programs. As a leader in environmental stew ardship and health and safety in the mining industry, Barrick is always looki ng for new ways to improve its monitoring programs. Barrick plans to operate UAS manufactur ed by Lockheed and Stratos. 13 Barrick will use the UAS to perform precision aerial analysis using still and video photogra phy 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, a ll located in the Intermountain West. The mines in northern Nevada are remote and areas surrounding the mine s 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 Turquoi se Ridge Mine is located in Humboldt County, which is home to approximately 16,000 people. Round Mountain Mine is located in the larges t 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 mine s 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. Ba rrick also owns uninhabited ranchland not far from its mine sites and may use the UAS to perform pl ant and wildlife surveys.

Granting Barrick’s request will serve the publ ic interest by ensuring compliance with environmental best practices and regulations a pplicable to mining opera tions, and by advancing safety for mine personnel. Barrick personnel ha ve to drive down into mines or climb atop stockpiles to perform safety insp ections. Barrick has also enga ged manned aircraft to perform surveillance. In addition to allowing time-sens itive 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 bo ard, 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 ha zard resulting from any potential impact. Therefore, Barrick’s proposed operations will provid e at least an equivalent level of safety as would traditional aircraft operations, while bene fiting the environment and public safety because of the unmanned nature of the operations and th e smaller size of the UAS . Barrick’s proposed operations will fully comply with the FAA’s regulat ions, except for those regulations from which Barrick is granted an exemption.

Without the UAS, Barrick has to hire helicopte rs 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 mon itoring activities and provide greater detail than traditional tr acking methods. In addition, Barric k, as a result of its experience with UAS operations throughout the world, 14 already has a developed UAS internal compliance program already in place. Cons idering these facts, Barrick’s us e 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 th an use of a 3 ton manned aircraft carrying crew and flammable fuel. Therefore, granting Barrick’s requested exemp tion 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 othe r 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 us e 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 positio ning 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 th e pilot in command (“PIC”). At all times, the
UAS will be flown no closer than 500 feet fr om 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 responsibili ties 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 me dical certificate. Theref ore, 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 operati ons will adhere with the UAS operations protocols set forth in the Manuals. Key procedur es 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 opera tions will receive training from the UAS
manufacturer.

15 Although there is no FAA de finition of “congested area,” because there ar e 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 Sy stem and Safety Bulletins.

 Barrick will apply for a Certificate of Waiv er 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 Fl ight Standards District Office to obtain
information to devel op 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 fede ral, state or local authorities.

 All UAS operations will occu r during daylight hours.

 All operations will occur under visu al 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 operation s 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 Ba rrick’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 even t 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 a nd features of Barrick’s UAS include:

 The UAS are small enough to be transported in a car or truck to th e area of operations, and do not carry passengers, crew, or cargo othe r than the monitoring device or camera.

 The autopilot failsafes handle loss of comm unications, 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 flight path and operating conditions. The UAS will be identified by serial number, registered pe r 14 C.F.R. Part 47, and have N-Numbers, as large as practicable, pe r 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 a ffect the life of the battery, Barrick will restrict flights to 30 minutes or less, de pending 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 widt h 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 ope rate 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 establis hed requirements for safe operation. Therefore, the FAA may determine that commercial UAS ope rations 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 i ssued 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 syst ems, if any, as a result of their si ze, 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 pub lic or pose a threat to national secu rity; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under se ction 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 exemp tions 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 inte rest. 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 ex emption would provide a level of safety at leas t equal to that provided by the rule fr om 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 pr ovisions 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 pr ocedural 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 w ould 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 sigh t of the operator at a ll 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 spec ific 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 th e UAS together with Barrick’s restricted operations provide at least an eq uivalent level of safety as co nventional 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 Secret ary 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 op eration 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 a ssociated 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 Sta ndards: Normal Category Rotorcraft

Part 27 prescribes the airwor thiness standards for the i ssuance of and changes to certificates for normal category roto rcraft weighing 7,000 pounds or less. 22 If Barrick requires certification under this Part, it re quests that FAA exempt Barrick from the regulation for the
reasons identified in Se ction IV.A above.

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

14 C.F.R. § 91.7(a) prohibits parties from operati ng 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 opera tions must comply with the requirements in the Manuals, including the PIC’s pre-flight safety revi ew, 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 ai rcraft in accordance with 14 C.F.R. Part 45 prior to operation. 24 Section 45.23(b) requires that an aircra ft operator display on the aircraft the registration number, begi nning with a capital “N.” 25 When only the registration number is displayed on “limited, restricted, or light-sport ca tegory aircraft or experi mental or provisionally certificated aircraft, the operator must also displa y on the aircraft near each entrance to the cabin, cockpit, or pilot station, in lett ers not less than 2 inches nor mo re 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 th ese 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-N umber’ identification mark ings 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 Certif icate 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 certific ate may not act as PIC for an aircra ft 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 Manua ls with a private pilo t 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 provi de all necessary safety precautions to achieve an equivalent level of safety as would complia nce with section 61.113. Because there will not be flammable fuel, passengers or cargo in the UAS , and because all flight s will take place over Barrick’s remote unpopulated land using a small UAS preprogrammed with emergency lost-link procedures, allowing Barrick to pe rform its proposed UAS operations with a privat e 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 operati ng Barrick UAS flights will complete the
manufacturer’s initial and recomm ended refresher training programs.

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

A party must follow regulations regarding th e 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, approve d 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 weat her 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 we ight, 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 informa tion as required in the Manuals. However, Barrick requests an exemption from s ection 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 th e 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 Instructio n; Simulated Instrument Flight and Certain Test Flights

14 C.F.R. § 91.109(a) provides that “[n]o pers on may operate a civil aircraft (except a manned free balloon) that is bei ng 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 pilote d aircraft, and do not ha ve fully functional dual controls. Instead, the flights ar e controlled by the GCS’s radio co mmunications with the aircraft. Because all operations will be conducted accordi ng to pre-programmed flight plans, the PIC will only command the UAS in emergency circumstan ces. 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 instruc tion in experimental aircraft. 37

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

FAA restricts the altitudes at wh ich an aircraft may be operated. 38 “Except when necessary for takeoff or landing, no person may op erate 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 operate d 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 lo cated 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 Manual s. 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 whic h Barrick will operate its UAS are controlled access remote areas, and there will be no danger to the general public. Unlike tr aditional 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 “maintai n the cruising altitude or flight level” of an aircraft using an altimeter set “when opera ting below 18,000 feet MSL, to –

(i) The current reported altim eter 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 eq uipped with a radio, the elevation of the departure airport or an appr opriate altimeter setting av ailable before departure.

Barrick’s UAS determine altitude using a GPS system rather than by measuring the atmospheric pressure, as do traditional al timeters. Therefore, Barrick requests an exemption from this regulation because its UAS will not have an altimeter. However, Barrick will maintain the equivalent leve l 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 Requireme nts for Flight in VFR Conditions

The FAA prohibits beginning a flight in a rotorcraft “under VFR conditions unless (considering wind and forecast weather conditions) ther e is enough fuel to fly to the first point of intended landing and, assuming normal cruising spee d, to fly after than for at least 20 minutes.” 40

Barrick requests an exemption from sec tion 91.151(b) because it relies upon battery power rather than fuel. Depending upon the mode l 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 cond uct 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 PI Cs will be able to monitor the percentage of battery charge remaining via the GCS and will be ab le 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 equivale nt level of safety as would th e regulation. In other grants of exemptions for UAS, the FAA has agreed to safe ty 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 airc raft unless they have (1) an airworthiness certificate; and (2) a U.S. registration certificate i ssued to the aircraft ow ner for operation in the U.S., the second copy of the Aircra ft registration application, or a registration certification issued by a foreign country. 42 It further requires that the airw orthiness certificate or special flight authorization be displayed in the cabin or cockpit entrance. 43

FAA has determined that relief from th ese 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 PI C in compliance with the regulations. 45 Furthermore, because there is no cockpit or cabin, it will be im possible to display an ai rworthiness 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. § 9 1.407(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 requirement s for these sections.

Barrick requests an exemption from these sec tions because the UAS that it intends to use
will not have an airworthiness certificate. Previ ous 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 federa l, 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 monito ring the implementation of the recently passed legislation 48 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 se t a precedent, there is good cause for not publishing a summary of this petition in the Fe deral Register. Furthe rmore, publication would cause an unnecessary delay that would be detrimental to Barrick. 49 However, if the FAA decides that publication in the Federa l Register is appropriate, be low 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 propert y owners from the dangers associated with performing thes e operations with conventional
aircraft or other methods.

VIII. Conclusion

Barrick’s petition satisfies th e requirements set forth in Se ction 333. Its operations would benefit the public by allowing sa fer monitoring operations and reduc ing the hazards attendant to manned operations. For these reasons, Barrick respectfully requests th at 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