November 23, 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, D.C. 20590

Re: Petition of Linde, LLC for Exemption from Certain Federal Aviation Regulations to Operate 

Unmanned Aircraft Systems Pursuant to Section 333 of the FAA Modernization and Reform Act

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act ("FMRA") and 14 C.F.R. part 

11, Linde, LLC ("Linde") hereby petitions the Federal Aviation Administration ("FAA") for exemption from 

14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.15l(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b), and any other rules the 

FAA deems necessary, to enable Raycom to operate unmanned aircraft systems ("UAS") for aerial data 

collection. Specifically, Linde seeks to operate UAS for construction site management and facilities 

inspections using the DJI Phantom 3 Professional.

I. Operations and Public Interest Overview

The Linde Group is the world’s largest Industrial Gases provider, Linde, LLC being the North America 

division. As a supplier, either directly or indirectly, of nearly every industrial business sector, Linde’s 

contribution to public goods and services are broad. In particular, Linde supplies several food and 

beverage companies just in the Dallas-Fort Worth area alone.

Linde is perpetually expanding and enhancing existing assets to provide more environmentally

conscious streams of product. A dedicated construction and project management team manages new 

and existing asset projects across the country. In particular, this petition is in regards to a new facility in 

Fort Worth, TX (9941 Morris Dido Newark Rd, Ft Worth, TX 76179). With tall equipment and frequent 

crane work, Linde benefits from the ability to aerially view certain areas of the facility. This reduces the 

need for contractors to work from heights, most of which are local contractors, providing a safer 

alternative to a once hazardous activity. Additionally, Linde no longer requires the services of aerial 

photography from larger, fuel consuming aircraft. This is done regularly during construction and not only 

results in use of fuels, but increases in greenhouse gas production and heavy noise to neighboring areas.

In addition to the above described public interest benefits, Linde's operations will carry minimal 

risk. Using UAS for construction and facility inspection will both eliminate the dangers associated with 

conducting these activities on foot or in manned aircraft and enable Linde to efficiently and quickly 

address facility issues. As discussed in more detail below, Linde is committed to the safe operation of the 

UAS, and will adhere to stringent operating conditions. These conditions ensure that Linde will operate 

safely in the national airspace, mitigate the risks of harming other aircraft or people or property on the 

ground, and present no threat to national security. Adhering to these parameters, Linde will be able to 

safely and effectively operate its UAS to the benefit of its employees and contractors.

II. The Aircraft

Linde requests an exemption to operate the DJI Phantom 3 Professional which is well below 55 

pounds including payload. Through the Section 333 exemption process, the FAA has authorized use of all 

UAS for which exemption is requested herein.

III. Request for Summary Grant

Due to similarity of material in this petition with respect to previous exemptions the FAA has 

granted, Linde requests the FAA issue a summary grant of exemption pursuant to the expedited summary 
grant process. Specifically, the operations, public interests, and enhanced safety use of the UAS provides 

to Linde’s processes are materially similar to those recognized in Grants of Exemption Nos. 11062 to 

Astraeus Aerial (see Docket No. FAA-2014-0352), 11109 to Clay co, Inc. (see Docket No. FAA-2014-

0507), 11112 to VDOS Global, LLC (see Docket No. FAA-2014-0382), and 11213 to Aeryon Labs, Inc. 

(see Docket No. FAA-2014-0642). Linde will adhere to a series of operating parameters that will offer the 

same level of safety as the conditions the FAA currently requires in its summary grants.

The regulations from which exemption is requested are as follows:

14 C.F.R. §§ 61.23(a) and (c);

14 C.F.R. §§ 61.101(e)(4) and (5);

14 C.F.R. § 61.113(a);

14 C.F.R. § 61.315(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121;

14 C.F.R. § 91.151(a)(l);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. §§ 91.409(a)(l) and (2);

14 C.F.R. §§ 91.417(a) and (b)

IV. Applicant Information

Ricardo Aldana

SHEQ Manager Project Execution Americas

Linde, LLC

575 Mountain Ave

New Providence, NJ 07974

Ricardo.Aldana@linde.com

908-627-0997

V. Operating Parameters

Linde will adhere to the following operating parameters when operating the UAS pursuant to a 

grant of the requested exemption: 

1. Operations will be conducted using the DJI Phantom 3 Professional. 

2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour), at an altitude 

greater than 400 feet above ground level, or, when visibility is less than 3 statute miles. All 

operations will be conducted during the day under visual meteorological conditions. 

3. All operations will be conducted in accordance with a Certificate of Waiver or Authorization ("CO 

A''). 

4. All operations will use a pilot-in-command ("PIC") and the UAS will remain within the visual line of 

sight of the PIC at all times. 

5. The PIC will hold a valid driver’s license. 

6. Linde will ensure, prior to operation, that the PIC has demonstrated the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures.
7. Linde's operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. 

8. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe operation of the 

UAS, the UAS will not be operated until the necessary maintenance has been performed and the 

U AS is found to be in a condition for safe flight. 

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics will undergo a functional test flight prior to conducting further operations under this 

exemption. 

10. Linde will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life 

limit requirements, as well as safety bulletins, for the aircraft and aircraft components. 

11. The PIC will abort the flight in the event of unpredicted obstacles or emergencies, and will yield to 

all manned aviation activities. 

12. Linde will register and mark its UAS in accordance with 14 C.F.R. parts 47 and 45.

VI. Summary

As described above, Linde’s proposed UAS operations for exemption provide both public and 

internal benefits including, but not limited to increased level of safety due to reduced working from heights 

requirements, and reduced fuel consumption and noise production from previously needed “fly-over” 

photography and inspection. In addition, this presents no additional public safety risks. Linde's petition 

satisfies the criteria of Section 333 of the FMRA and is substantially similar to previous petitions the FAA 

has granted, meriting a summary grant of exemption.

Please do not hesitate to contact Linde's Project Execution group via Andrew Bassler, 908-339-8214 or 

andrew.bassler@linde.com, or Ricardo Aldana, 908-627-0997 or Ricardo.Aldana@linde.com with any 

questions about this filing.