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 Inter est 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 eq uipment and frequent crane work, Linde benefits from the ability to a e rially 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 hazar dous activity. Additionally, Linde no longer requires the services of a e rial photography from larger, fuel consuming aircraft. This is done regularly during construction and not only

results in use o f fuels, but increases in green house 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 m anned aircraft and enable Linde to efficiently and quickly address facility issues . As discus sed in more detail below, Linde is c ommitted to the safe operation of the UAS, and will adhere to stringent operating conditions. The se conditions ensure that Linde will operate safely in the nati onal airspace, mit igate the risks of harming ot her aircraft or people or proper ty on the ground, and present no threat to national security. Adhe ring to these parameters, Linde will be able to

saf ely 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 p revious exemptions the FAA has granted, Linde requests the FAA issue a summary grant of exemption pursuant to the expedited summarygrant proces s. Specifically, the operations, public interests, and enhanced safety use of the UAS provides to Linde’s proces ses 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 t o 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 co nducted 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 withi n 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 mann er consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from

persons, v essels, vehicles and stru ctures.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 m aintenance 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 opera tion or flight

characteristics will undergo a functional test flight prior to conduct ing 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 abor t 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 a ccordance with 14 C.F .R. parts 47 and 45.

VI. Summary

As described above, Linde’s proposed UAS ope rations 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” ph otography 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 e xemption.

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.