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:

remote sensing and measuring by an instrument(s) aboard the 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 SUAS.

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 SUAS 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 airspace

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 regulations, as 

amended, and as permitted under a Section 333 Grant of Exemption and in accordance with 
2 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 inspections 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 homes, 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 distribution 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 potential 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 hazardous 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.Total stations and GPS with prism and reflector or reflectorless;

2. Terrestrial laser scanners, fixed-position or mobile;

3. Aerial photogrammetry by manned aircraft. 

There are 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, surveyors 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 stockpiles, 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 industry.

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. Volumes 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 get 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 stockpiles, active 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 explosives. At a typical mid-size mine,

millions of tons of overburden material 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. More 
4 CEM333A100215

important, using 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 produces, distributes, and sells cement, ready-mix concrete, aggregates, 

and related building materials in more than 50 countries, and maintains trade 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 Florida, LLC

2205 Highway 17-92 North

Davenport, Florida 33837

For technical and administrative questions on this petition, please contact:

Mr. Brian 

Dyer RPSWest

Email: Brian.Dyer@RemotePilotSystems.com
5 CEM333A100215

CEMEX requests a Summary Grant of Exemption for the following aircraft: 

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 Dyer
6 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 aircraft 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 20 minutes with its dualbattery 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 transmission systems meet FCC requirements for operation in the 

unlicensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings about interference 

from devices operating at or near these frequencies or their harmonics are documented in the 

manufacturer’s manual. 
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 series 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 aircraft 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, upon 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 management 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 LithiumPolymer batteries. 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 FCC 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 agencies and / or universities including New Mexico State 

University and the USACE New Orleans, which coordinated with the Department of Army and 
8 CEM333A100215

the FAA to obtain all authorizations required for operation.

Leptron RDASS 1000

The Leptron RDASS 1000 is a small, 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 the 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 minutes. 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 below, 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 grants 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. AGL, 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 

exemption 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 certificate 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 personnel, 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 telemetry to SUAS 

pilot. 

An onboard air pressure sensor 

and software resolve height 

differences as small as one 

centimeter. Altitude is controlled 

by measuring air pressure and the 

z-axis accelerometer/GPS values. 

The starting point is a relative 

height measurement calculated by 

the flight controller. Altitude 

above ground is displayed on the 

pilot's handheld controller by 

telemetry, and alarms can signal 

conditions of interest. 400 feet 

AGL is the maximum permissible 

in the CFOM, which describes 

altimeter procedures. 
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 SUAS 

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 will 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 must 

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 the 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 

authorized maintenance 

and inspection is not 

contemplated in the 

regulations for SUAS. A 

reasonable alternative is 

necessary to maintain 

equivalent levels of safety. 

Records and documentation will 

be kept for all maintenance 

performed, defects, and for all 

components specified in the 

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 visual 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. 

OPERATION 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-set 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 the 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 petitions 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 directly 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 qualification 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 ability 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 of 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 beginning 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 recommended 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 

documents 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, vehicles, 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 will 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 applicable COA will be reported to the FAA's SUAS

Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National 
17 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 for 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 weigh 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.