Submitted electronically

October 2 , 2015

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

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

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

CEMEX , Inc. (Cemex) is applying for an exemption from the Code of Federal Regulations to allow Cemex to conduct aerial inspections of its aggregate mining quarries as detailed

below.



### The exemption would permit commercial operation of a small unmanned aircraft system (SUAS) in the national airspace (NAS) as regulated by the FAA for aerial data collection, for the following uses:

r emote sensing and measuring by an instrument(s) aboard t he SUAS including ;



### A. imagery (photography, video, infrared, etc.) ;

B. electronic measurement (precision surveying, RF analysis, etc.) ;

C. chemical measurement (particulate measurement, etc.) ; or

D. any other gathering of data by instruments aboard the S U AS.

All operations to be performed by Cemex with a SUAS will be cost

- effective and will promote greater safety by reducing the size of the aircraft currently used to conduct aerial inspections from one weighing up to several tons to one weighing less than 55 pounds. In addition, the S UAS does not use flammable liquid fuel. Instead, it operates on high

- energy batteries. The SUAS will be flown in the lower strata of controlled and uncontrolled air space over Cemex leased or owned properties , at 400 ft. AGL and below , during daylight hours, within the visual line of sight (VLOS) of the pilot . Cemex will utilize the SUAS only in predetermined and preapproved airspace and in compliance with FAA regulat ions , as amended

, and as permitted under a Section 333 Grant of Exemption and in accordance with2 CEM333A100215 Cemex’s operating and safety protocols and risk management standards

. Use of the SUAS for Cemex’s aerial inspections of its aggregate operations will eliminate the need for larger aircraft and will significantly reduce the risk of survey and inspection personnel on the ground. The SUAS is a far more efficient tool for conducting aerial inspections and will

allow Cemex to conduct more frequent ins pections and to improve safety of our employees

and contractors that conduct surveys and inspections.

BACKGROUND AND REFERENCES

The aggregates industry in the United States supplies two billion tons of materials yearly to

build its infrastructure of home s, roadways, civil construction projects and initiatives protecting the environment. Cemex is vital to this industry. In the United States Cemex employs 9,000 people

- 11 percent of the industry workforce. Cemex's operations include 13 cement plants, 46 dis tribution terminals, more than 100 aggregate quarries and more than 450 ready

- mix concrete plants.

Stockpiles and surges piles of sand, rock and other aggregates at aggregate mining quarries and distribution terminal locations present a continuous potenti al danger for ground inspections . Survey personnel and aggregate personnel are exposed to the risks of fall, slide, and unintentional encounters with heavy equipment. These risks can be mitigated by spending less time on or near the stockpile. In these ha zardous environments, the use of a

SUAS would offer a faster, safer alternative to human measurement and inspection.

In addition to the stockpile and surge risks, survey personnel and aggregate personnel conducting ground inspections may be exposed to dangerous conditions resulting from the use of explosives which requires controlled access with strict safety protocols.

Stockpile survey and inspection techniques are of three general types:



### 1. To tal 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 additional risks to personnel in all three practices.

The first technique, using total stations and GPS, is time

- consuming, requires a ground surveyor to ascend the stockpile with an instrument, and may require the surveyor to be accompanied by an experienced aggregate employee. Although Cemex takes steps to mitigate risks, s urveyors and aggregate employees may be exposed to the following hazards:3 CEM333A100215 

### • Stockpiles are marginally stable surfaces, may conceal voids, and expose personnel 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 of a stockpile : loading out by heavy equipment at the bottom or face can create slides and the collapse of overhangs, and the personnel’s interaction with heavy mining equipment is a potential hazard.



### • The tops of stock piles, the dozer's windrows, and the terraces or benches cannot be accurately surveyed unless measured from above as well as from lateral angles.

Because of the above hazards, access to stockpiles, surge piles, and equipment is regulated by the United States Mine Safety and Health Administration (MSHA). In addition to the MSHA, there are thirty States within the U.S. that have regulatory agencies monitoring the mining i ndustry.

The second technique, using a laser scanner, involves setting up survey equipment on the ground or transporting it in a vehicle for good measurement angles. Aggregate mining quarries encompass many hundreds to thousands of miles of acres. Volume s may not be accurately measured from the bottom, and there are many obstacles to view.

The third technique, aerial survey by manned aircraft, allows a top view but oblique angle viewing is challenging. Manned aircraft are limited in how close they can ge t to the area to be inspected or surveyed and cannot descend into mined quarries and certain stockpile areas since

many survey targets are 100 or more feet below the lip of the open mining pit.

In addition to the necessity or surveying and inspecting stoc kpiles, a ctive mining requires the monitoring of waste materials which are also strictly controlled due to the danger of size of stockpile, type of material

, and the frequent use of explosive s . At a typical mid

- size mine

, millions of tons of overburden mat erial must be measured and monitored each year at each

site for potential removal

.

Aggregate mining sites provide 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 distance from potential hazards, and accomplishes 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.

The small size of the SUAS makes it more efficient and cost effective than traditional methods of surveying and inspection, which can help to reduce operations and maintenance costs. More4 CEM333A100215 important, u sing an SUAS will provide faster and safer inspections with higher quality measurements and accuracy reducing or eliminating the need for ground inspections thereby reducing the risk of accidents and enhancing safety

.

In support of this petition and the FAA's evaluation process, we reference previously granted 333 exemption petitions by the FAA with same or similar purposes as follows:



### • Aerial digital imagery, survey, and inspection: exemption no. 11992, Aerial

Check UAVs



### • Aerial mining and geological surveys: exemption no. 12090, Persistence Mining Inc.

DESCRIPTION OF PETITIONER

Cemex is a global building materials company that provides high quality products and reliable

service to customers and communities throughout the Americas, Europe, Africa, the Middle East, and Asia. Cemex produce s , distribute s , and sell s cement, ready

- mix concrete, aggregates, and related building materials in mo re than 50 countries, and maintain s t rade relationships in

close to 100 nations.

NAME OF PETITIONER

CEMEX, Inc.
929 Gessner Road, Ste. 1900
Houston, Texas 77024

AGENT FOR CEMEX

Clayton B. McMillan, PG

CEMEX Construction Materials F lorida, LLC

2205 Highway 17

- 92 North Davenport, Florida 33837

F or technical and administrative questions on this petition, please contact:

Mr. Brian Dyer RPS

West

Email: Brian.Dyer@RemotePilotSystems.com5 CEM333A100215 CEMEX requests a Summary Grant of Exemption for the following airc raft:

A

– Aibot X6 approved under exemption no. 11356

B

– Yuneec Typhoon Q500 4K approved under exemption no. 11438

C

– senseFly eBee approved under exemption no. 11263

D

– Leptron RDASS 1000 approved under exemption no. 12086

Thank you for your time and attention.

Sincerely,

Brian Dyer6 CEM333A100215 DESCRIPTION OF UNMANNED AIRCRAFT SYSTEMS

CEMEX requests the following aircraft:

• The Aibot X6

• The Yuneec Typhoon Q500

• The senseFly eBee

• The Leptron RDASS 1000

Aibot X6

The Aibot X6 is an electric multirotor aircraft configured as a vertical take

- off and landing hexacopter in a V

- 6 designed for aerial survey and inspection. 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, with all source code modules under company control.

Safety features include:

• Mitigation for loss of radio control link, through programmable emergency failsafe to controlled descent or, if GPS signal is sufficient, to return to point of takeoff.

• The pilot may override waypoint programming with manual stick control in case of emergency or route adjustment.

• Telemetry is displayed on the pilot’s handheld controller and maybe announced by

voice.

• The X6 is optimized for aerial survey with safety features to reduce pilot workload, such as attitude stabilization, GPS satellite

- assisted navigation, return to home and

auto land.

The aircraf t is less 1.2 meters, in diameter, is made of carbon

- fiber reinforced polymer in a high visibility color, with protective blade guards surrounding the six rotors, and is designed for a maximum takeoff weight of less than 15 lb. and a flight time of about 2 0 minutes with its dual

battery power. Maximum speed is about 55 mph, but CEMEX treats this limitation as an emergency reserve, and plans no flying at greater than 25 mph. The aircraft carries no flammable liquid fuel.

Radio control and video transmissio n 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
manufacturer’s man ual.7 CEM333A100215 Yuneec Typhoon Q500/Q500 +

The Typhoon Q500 series are vertical takeoff and landing unmanned aircraft of quadcopter design. Manufactured by Yuneec International Co. Ltd., the Typhoon Q500 has the world's first Smart Transmitter (the "ST

- 10 serie s Ground Station" with 10 channels) combining a 2.4GHz radio control transmitter with a 5.8GHz digital video link. It operates on a built

- in Android touch screen. Safety features include Geo Fencing, Home Mode and Return Home. Geo Fencing prohibits the air craft from exceeding a programmed permitted radius. When activated, Home Mode will automatically return the aircraft within a 10

- foot radius of its starting point. Should the transmitter signal be lost or visual line of sight with the aircraft impaired, up on signal, Return Home will automatically take control of the aircraft and return it to the operator/base station. Takeoff weight with manufacture provided camera and gimbal payload and battery is 3.75 lbs.

The Typhoon Q500 dimensions are 16.5 by 16.5 by 8.3 in. with a diagonal of 22.2 in. without rotor blades attached. It can fly up to 25 minutes on its 5400mAh 3S 11.1V lithium polymer battery. Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of 5 .8 GHz ranges.

senseFly eBee

The senseFly eBee is a small, ultra

- light electric motor, fixed

- wing aircraft constructed from flexible EPP foam, carbon and composites. It’s propeller is rear mounted. It carries an onboard GPS and related flight manageme nt software. It is manufactured in Switzerland by senseFly Ltd.

Safety features includes low impact landing if emergency operation needs arise, and detachable wings constructed with EPP foam, allowing no sharp edges to be present. The rear mounted propeller is attached to the body of the eBee with a rubber band, giving it safety responsiveness and flexibility should it come in contact with any object.

The eBee is powered by a 160 watt, brushless, electric motor powered by 3

- cell Lithium

Polymer ba tteries. It carries a GPS system that continually analyzes data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight under the supervision of the operator. However, should any emergency arise the eBee provides the pilot an override capability so he can take manual actions during the flight .

The senseFly eBee wingspan is just under 38 in. It is ultra

- light with a maximum take

- off weight of 1.7 lbs. Its radio communications operate at 2.4GHz, meeting FC C requirements for operation. The eBee has a nominal cruise speed up to 55 mph, with maximum flight time of 50 minutes.

The senseFly eBee airwothiness has previously been cited for different projects in the United States, involving state and federal agen cies and / or universities including New Mexico State University and the USACE New Orleans, which coordinated with the Department of Army and8 CEM333A100215 the FAA to obtain all authorizations required for operation.

Leptron RDASS 1000

The Leptron RDASS 1000 is a sma ll, ultra

- light weight, vertical take

- off and landing quadcopter constructed from high

- level performance multi

- layer carbon fiber, aircraft aluminum and ABS plastic. It is powered by four brushless electric motors. It carries dual GPS Band (L1 and Glonass) systems for navigation.

In the case of lost communications, or low battery levels, the Leptron RDASS 1000 will switch over to automated landing functions to keep the surrounding environment and aircraft safe.

The Leptron RDASS 1000 is manufactured in t he U.S. by Leptron Industrial Robotic Helicopters, Inc. (LIRH) based in Denver, Colorado. It weighs 4.2 lb. with a maximum payload of 1.5 lb. Tip to tip it measures 24.75 in. by 24.75 in. Its four rotors measure 11 in. each. Standard flight time is 20 min utes. Communications operate in unencrypted digital C, L and S

Bands.

In July of 2015, the FAA gave LUAS permission to fly The Leptron RDASS 1000 in exemption

no. 12086.

EXTENT OF RELIEF SOUGHT AND WHY

CEMEX asks for relief from regulations tabled be low, which the authority of the FAA has previously granted in exemption no. 11062 along with six others described as “in commonality”, and in no. 11109, which are for use of electric rotorcraft. This incorporates the conditions and limitations of these gra nts of exemption, and in some cases imposes stricter limits on its own operations.9 CEM333A100215 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 (PIC) Holder of private pilot certificate may not act as
PIC for compensation or hire. Flying for compensation on survey
missions is central to purpose of exemption
request. Characteristics of aircraft, VLOS,
under 400 ft. AG L, trained visual
observer in radio communication with pilot; remote site, construction industry safety protocols enhanced by flight safety plan; PIC with airman’s certification, appropriate medical and vision qualification, currency
in the aircraft listed on the certificate, pilot training, testing, proficiency with similar and same
model SUAS ; and inspection/maintenance are
defined in the CFOM and will ensure equivalent levels of safety.

61.113 (b) Private pilot privileges and
limitations: PIC Holder of private pilot certificate may act as PIC 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 survey missions is central to purpose of
exempt ion request, not
incidental to business or employment. There is no passenger or pilot on
board the SUAS , thus safety issues are different from a manned flight.
CEMEX’s aircraft have programmable automated safety features and emergency responses, have pre

- flight checks for safety beyond commercial manned aircraft, can be geographically restricted by operator with programmable control points, have
communications with the PIC regarding fuel loss and other flight hazards. PIC will have ground school training c ertificate and additional 25 hours logged flight
time and 25 hours classroom and
field instruction as stated in the CEMEX Flight Operations Manual (CFOM).10 CEM333A100215 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 industry person nel, positioned as
close as 200 feet. CEMEX will brief them on safety and obtain necessary consent. Industry site safety rules will be followed.

91.121 Altimeter settings Procedures to set and
confirm altitude do not provide for operation of
remote tele metry 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 measu rement 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 CFOM, which describes altimeter pro cedures.11 CEM333A100215 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
multirotor aircraft specified in this petition is designed to fly missions of
25 minute durations. On aircraft specified, battery voltage under load is displayed on the pilot's handheld controller during flight. 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. CEMEX pilots are trained to monitor voltage and recognize abnormal discharge in flight and
to land sooner than forced. If 20 minutes of flight time or 25% of reserve voltage under load is reached, pilot must commence landing.12 CEM333A100215 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.405 (a ) Maintenance required Required inspections and discrepancies repaired between the required inspections pertain to
certificated manned aircraft and procedures conducted by licensed maintenance personnel. In
the absence of certification requirements for SU AS
and SUAS maintenance personnel, reasonable
alternatives must be developed to maintain equivalent levels of safety. CEMEX will document maintenance, overhaul, replacement and inspection requirements in the absence of manufacturer's requirements;
CEMEX w ill document and
maintain maintenance records and technician qualification criteria in
the CFOM.

91.405 (b) Maintenance
records Qualifications for maintenance personnel for
SUAS were not contemplated by these regulations, and a
reasonable alternative mu st be developed to maintain equivalent levels of safety. Qualifications, competence and testing for maintenance personnel
are defined in the CFOM.

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
CFOM.13 CEM333A100215 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.409 (a) (1) Inspections Annuals conducted by a qualified inspector require
authorization criteria for that inspector, not yet
defined for SUAS. A
reasonable alternative must be developed to maintain equivalent levels of safety. Schedules for inspection and responsibilities of th e PIC and qualified technician are described
in the CFOM.

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

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 CFOM.

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

comp onents specified in the
CFOM.14 CEM333A100215 PILOT IN COMMAND AND CREW

The PIC must hold an airman’s certification recognized by the FAA such as an airline transport, commercial, private, recreational, sport pilot, or glider pilot (powered or non

- powered). The PIC must hold a current FAA airman medical certificate as required by the class of airman certification. In the case of the sport pilot certification, the PIC must possess 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 comply with the training and testing specified in the operator’s manual. The PIC must remain in radio communication with a visual observer who complies with the training and testing specified in the operator’s manual. The SUAS must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. The PIC must operate within vis ual line of sight only, and be able to see the attitude and orientation of the aircraft. If GPS or magnetometer is compromised, certain safety features may not operate, and the pilot must understand by training and experience how to recover control.

OPE RATION OF THE UNMANNED AIRCRAFT

The aircraft will be under the operational control of the CEMEX designated PIC.

As the operator of these aircraft, CEMEX is committed to the following conditions and limitations on its operations. CEMEX understands that failure to comply will be grounds for the immediate suspension or rescission any exemption granted.

1.Operations are limited to the SUAS listed in the Appendix when weighing less than 55 pounds including payload.

2. Operations for the purpose of closed

- s et motion picture and television filming are not approved.

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the aircraft be operated at airspeeds greater than the maximum aircraft operating airspeed recommended by the aircraft manufacturer.

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

5. The aircraft will be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the
PIC’s U.S. driver’s license.

6. All operations will utilize a visual observer (VO). The aircraft will be operated within the
VLOS of t he PIC and VO at all times.15 CEM333A100215 7. All operating documents needed to operate the SUAS and will be accessible during SUAS operations and made available to the Administrator upon request. The operator will also present updated and revised documents if it petiti ons for extension or amendment.

8. Any SUAS that has undergone maintenance or alterations that affect the SUAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations.

9. CEMEX is responsible for maintaining and inspecting the SUAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the SUAS is in a condition for safe flight.

11. CEMEX will follow the SUAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each SUAS operated under this exemption will comply with all manufacturer safety
bulletins.

13. The PIC will hold a SUAS flight training certificate, in some cases training direct ly from the aircraft manufacturer, and a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

14. CEMEX will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the SUAS in a manner consistent with how the SUAS will be operated to acquire aerial data, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qua lification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). CEMEX will operate flights for the purposes of training CEMEX PICs and VOs (training, proficiency, and experience building) and determining the PIC’s abili ty to safely operate the SUAS

.

15. SUAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will not operate within 5 nautical miles o f an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA.

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

18. If the SUAS loses communications or loses its GPS signal, the aircraft will return to a pre

-16 CEM333A100215 determined location.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC will be prohibited from beginn ing a flight unless (considering wind and forecast weather conditions) there is enough available power or fuel for the aircraft to conduct the intended operation and to operate after that for at least five minutes or with the reserve power or
fuel recommen ded by the manufacturer if greater.

21. All operations shall be conducted in accordance with an ATO

- issued COA if the blanket COA does not cover the intended operation.

22. All aircraft operated will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

23. Documents used by CEMEX to ensure the safe operation and flight of the SUAS and any
do cuments required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground
Control Station of the SUAS any time the aircraft is operating.

24. The aircraft will remain clear and give way to all manned aviation operations and activities at
all times.

25. The SUAS may be operated by the PIC from a moving device or vehicle; however, specific requests will be made via subsequent COA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, veh icles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the aircraft or debris in the event of an accident; or b. The owner/controller/operator of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made an assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

27. The PIC, VO, operator trainees or essential persons w ill not be considered nonparticipating persons under this exemption.

28. All operations conducted over private or controlled

- access property will be conducted with the permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be
conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the ap plicable COA will be reported to the FAA's SUAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National17 CEM333A100215 Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

BENEFIT TO THE PUBLIC

Approval of this petition allowing commercial operations of an SUAS will enhance public safety by reducing public safety risk. The use of a battery operated SUAS by CEMEX for aerial inspection, geo

- mapping and image and film capture, is more environmentally sound and safe compared to a conventional, liquid

- fueled aircraft. It provides a smaller environmental footprint, decreases manpower and separates the aircraft operators from the aircraft. The use of the specified SUASs further protects the public by used in restricted environments and reducing impact hazards.

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

The survey aircraft will be operated in accordance with FAA and Cemex safety protocols.

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.

In addition, Cemex will keep the approved Flight Manual at its ground control station. The PIC will have immediate access to it. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control station of a SUAS, where it can be immediately accessed by the

PIC.

When properly operated by trained pilots, a well

- designed SUAS and trained pilot can stay clear of people and property on the ground and in the air. Procedures, airmanship skills, training and testing requirements for SUAS personnel will let the operator achieve safety levels in the NAS and on the ground that are equivalent to or greater than that in manned aviation.

SUMMARY FOR PUBLICATION

The following summary may be published in the Federal Register:

Cemex 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)18 CEM333A100215 in order to operate a small unmanned aircraft system (SUAS) for purposes of aerial inspections and monitoring, aerial geo

- mapping and aerial imaging and filming and aerial data collection. The PIC will be appropriately qualified with a current FAA approved pilot certificate fo r SUAS operation and specialized training.

Imagery, electronic measurement, chemical measurement or any other gathering of data to be done by instruments aboard the SUAS , are conventionally done by manned aircraft operations, which use liquid fuel and we igh upwards of 5,000 lbs. These operations must fly the aircraft to and from the operation’s location. The use of the Aibot X6, the Yuneec Typhoon Q500 4K, the senseFly eBee and the Leptron RDASS 1000

— all of which are ultra

- light weight and equipped

with electronic safety features that minimize the safety risk from that of a manned aircraft to people and property allowed within and outside the zone of operations.

Flight operations outside the secure areas are not allowed. There are no impacts to privacy

.