# June 29 , 2015

Exemption No. 11933 Regulatory Docket No. FAA

– 20 15

– 1353

Mr. James P. Wold Regulatory Compliance Engineer Dyno Nobel Louisiana Ammonia LLC 10800 River Road Waggaman , LA 70094

Dear Mr. Wold : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated April 20, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Dyno Nobel Louisiana Ammonia LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial imaging

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publi shing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associate d with the aircraft and its operation, the Secretary of Transportation

# 2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21 , C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision You have requested to use a UAS for aerial data collection 1



# . The FAA has issued grants of
exem ption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passenger s or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your r easons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Dyno Nobel Louisiana Ammonia LLC is granted an exemption from 14 CFR §§ 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, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

1 

# Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

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Conditions and Limitations

In this grant of exemption, Dyno Nobel Louisiana Ammonia LLC is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operat ing airspeed recommended by the aircraft manufacturer.

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

5. The UA must be operated within visual line of sight (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.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. Th e VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the fli ght. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption a nd the procedures outlined in the operating documents,

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the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revis e its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documen ts if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its gran t of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight charact eristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 fe et from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

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

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. , inoperable components, items, or equipme nt. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator mus t follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the Distric t of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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14. The operator may not permit any PIC to operate unless the PIC demonstrates 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. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conduc ted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonpartic ipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may 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 symbo l as denoted on the c urrent FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to t he Administrator or any law enforcement official upon request.

17. The UA may 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 UAS loses communicat ions or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.
19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a fli ght unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if grea ter.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that ca nnot be conducted under the terms of the attached COA

.

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22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance wit h 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear a nd give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensurin g the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property w ith 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.

28. Any incident, accident, or flight operation that tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTS B) per instructions contained on the NTSB Web site: www.ntsb.gov

.

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If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditi ons and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the f ollowing:
a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and ser ial or N− Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list o f those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

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This exemption termin ates on June 30, 2017 , unless sooner superseded or rescinded. Sincerely, /s/ John S. Duncan Director, Flight Standards Service

EnclosuresDyno Nobel Louisiana Ammonia
LLC April 20, 2015 U .S. Department

of Transportation
Dock
et Manag emen

t System 1200 New

J ersey Ave., SE Washington,

DC 20590

DYNO NOBEL

I NC. A business

of lncitec Pivot Limited 1 0800 River Road Waggaman

, Louisiana 70094 USA Telephone: 504-431-6039 Fax

: 504-431-6055 www.dynonobel.com R e: Exemption Request Section 333 of the FAA Reform Act and Part
11 of the Federal Aviation Regulations from
14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.121

; 91.151(a); 91.405 (a); 91.407(a)

(1); 91.409
(a) (2); 91.417
(a) & (b). Dear Sir or Madam: Pursuant

to Section 333 of the FAA Modernization

and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Dyno Nobel Louisiana Ammonia LLC, an explosive manufacture, hereby applies
for an exemption from the listed Federal Aviation Regulations ("FARs")

to allow commercial operation

of its Small Unmanned Aircraft Systems ("sUAS")

for aerial imaging
for safety and monitoring

of secured and controlled manufacturing

site, so long as such operations

are conducted within and under the conditions outlined herein

or as may be established

by the FAA as required

by Section 333· As detailed

in this document,

the requested exemption would permit the operation

of sUAS under controlled conditions

in airspace that
is 1) limited

2) predetermined

3) controlled

as to access and 4) would provide safety enhancements

to the already best practices safety protocols followed

by Dyno Nobel

at its manufacturing facility

in Louisiana. Approval

of this exemption would thereby enhance safety and fulfill the Secretary

of Tr a nsportation

's (the FAA Administrator's) responsibilities

to

" ... establish requirements

for the safe operation

of such aircraft systems

in the national

a irspace system." Section 333(c)

of the Reform Act. The name and address

of the applicant

is: Dyno Nobel Louisiana Ammonia LLC 10800 River Road Waggaman, Louisiana, 70094 PH: 504-400-6035 Email: James .Wo ld @a m.dynonobel.comRegulations from which the exemption

is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F

. R

. 61.113
(a) & (b) 14 C.F.R. 91.7 (a) 14 C

. F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R

. 91.119 14 C.F

. R. 91.121 14 C.F.R. 91.203
(a) & (b) 14 C.F.R. 91.405
(a) 14 C.F.R

. 407 (a) (1) 14 C

. F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b) I. STATUTORY AUTHORITY
FOR EXEMPTIONS The Federal Aviation
Act exp ressly grants the FAA authority

to issue exemptions

. This statutory authority includes exempting
civil aircraft,

as the term

is defined under §40101

of the Act, including sUASs, from the requirement
that all civil aircraft must have

a current airworthiness certificate. The Administrator

may grant an exemption from

a requirement

of a regulation prescribed under subsection

(a) or (b) of this section

or any sections 44702-44716 ofthis title ifthe Administrator
finds the exemption

in th e public interest.

49 U.S.C

. §44701(£)
See

a lso 49 USC §44711(a);

49 USC §44704;

14 CFR §91.203(a)

(1). Section 333(b)

of the Reform Act assists

th e Secretary

in determining whether sUAS may operate

in the National Airspace System (NAS) without creating

a hazard

to the user, the public,

or a threat
to national security.

In making this determination,

the Secretary must consider: • The sUAS's size, weight, speed, and operational capability; • Whether

th e s UAS operates within the visual lin
e of sight of th e operator • Whether
the

s UAS operates outside

of highly populated areas and away from close proximity

to airports Reform Act §333(a).

If the Secretary determines
that

a sUAS

" may operate safely
in th e national airspace syste m, th e Secretary shall establish requirements

for th e safe operation

of such aircraft

in the national airspace system."

I d. §333(c). Dyno Nobel's sUAS are multirotor vehicles (DJi Phantom

2), weighing

10 or fewer lbs. including payload. They operate under normal cond itions
at a speed
of no more
th an so knots and ha ve the capability

to hover, and mo ve in the vertical and horizontal plane simultaneously.

The sUAS will operate only in the Pilot's visual lin
e of sight
at all times and will operate only within the boundary

of Dyno Nobel manufacturing facility. Such operations
will insure that the sUAS will

" not create

a hazard

to users
of the national airspace system

or the public." Reform Act Section 333 (b).Given the small size of the

s UAS involved and the restricted
and sterile environment within which they will operate, our application
falls squarely within the zone of safety (an equivalent level of safety)

in which Congress envisioned
that the FAA must, by exemption, allow commercial operations

of
s UAS to commence immediately.
Also due to the small size of the

s UAS and the low altitudes and restricted areas
in which the sUAS will operate, approval

of the application presents no national security issue. Given the clear direction

in Section 333 of the Reform Act, the authority contained

in the Federal Aviation Act, as amended;

the strong equivalent level of safety surrounding

the proposed operations,
and the significant public benefit, including enhanced safety, the grant
of the requested exemptions

is in the public interest. Accordingly, Dyno

N abel respectfully requests that the FAA grant the requested exemption without delay

. II. PUBLIC INTEREST This exemption application

is expressly submitted

to fulfill Congress' goal in passing Section 333(a) through

(c) of the Reform Act. This law directs the Secretary

of Transportation

to consider whether certain unmanned aircraft systems may operate safely
in the NAS before completion

of the rulemaldng required under Section 332 of the Reform Act. By granting

an exemption

the FAA will fulfill Congress's intent
of allowing UAS to operate with significant safety precautions

in low risk environments. The use of sUAS on
a manufacturing

site can significantly reduce the risk to workers

of falls while inspecting, surveying,

or monitoring

site conditions. sUAS can inspect, photograph,

and collect data on hard to get to areas that otherwise would require worker inspection. Falls are

a leading source

of workplace fatality and injury on construction
sites

1
, and reducing falls through sUAS use for site imaging could save workers lives. Additionally, sUAS could replace the use of helicopters
and small aircraft

to monitor sites. The sUAS we propose

to fly in this application

are less than five pounds

, and carry no combustible material

on board,

as opposed

to the much larger conventionally powered small aircraft

. Shifting

to sUAS from helicopters presents

a marked safety increase
for our workers and the public. Lastly, sUAS reduce the environmental impact
by dramatically decreasing

the energy used for aerial imaging and data collection over

a construction

site. Our

s UAS use rechargeable lithium ion batteries,

as opposed

to fossil fuels burned

in operation

of small aircraft that are many hundreds of times heavier. III. EQUIVALENT LEVEL OF SAFETY Dyno Nobel proposes that the exemption requested herein apply
to sUAS that have the characteristics

and that operate with the limitations listed herein. These limitations provide
for at least an equivalent

or even higher level of safety
to operations under the current regulatory structure because
the proposed operations represent

a safety enhancement

to the already safe protocols followed

on construction
sites and imaging and surveying operations conducted with helicopters
and other conventional aircraft

. 1 "Commonly Used Statistics", Occupational Safety

& Health Administration. Available

at: https:

I lwww.osha.gov

I oshstatsl commonstats.htmlDyno Nobel will be bound
by th e following limitations when condu

ct ing its sUAS operations und

e r an FAA issu

e d exemption: 1. The sUAS will be less than 10 pounds. 2. Flights will be operated within visual line of sight of a pilot. 3
. Maximum total flight time for each operational flight will be 30 minut es. The UAS calc ul a t es battery

re serve
in real time, and will return
to its
g round station with
at least 20% battery power reserv
e s hould that occur prior to the 30 minute limit. 4
. Flights will normally

be operat
ed at an altitude

of 200 feet AGL, never exceeding 400 feet AGL. 5. Crew for each operation
will consist

of the sUAS Pilot who will keep the sUAS within his visual line of sight
at all times. 6
. The sUAS Pilot will be trained

in flight, operations,
and safety procedures. 7. The sUAS will only operate within

a confined "Sterile Area"
as defin ed by the boundar

y of the manufacturing facility. 8. A briefing will

b e conducted

in

r ega rd to the planned sUAS operations prior
to each day's production activities.

It will be mandatory
that all personnel who will be performing duties within the boundaries

of the safety perimeter

be present
for this briefing

. 9
. All onsite personnel
will consent

to the UAS flyover
on site by waiver, and the operator will obtain additional verbal
or written consent

of all
p e rsons who will

b e allowed within 100 feet of the flight operation. 10. Pilot will have been trained

in operation

of UASs gene rally and received up-to-date information

on the particular UAS to be operated

as required

b y Section

F of the Manual. 11

. Written and/ or oral permission from the relevant property holders will be obtained. 1 2. All required permissions

and permits will

b e obtain ed from territorial, state, county

or city jurisdiction

s, including local law

e nforc

e ment

, fir e, or other appropriate governmental

age ncies. 1 3. If the

s UAS
lo ses communications

or loses its GPS

s ignal,

it will

h ave capability

to
e nt er

" loiter mode"

a nd ho ver, re es tablish

sa tellite
co nnection, and return

to
a pre- determined

loc ati on within the Security Perimeter
and

l a nd. IV. DESCRIPTION

OF SPECIFIC REGULATIONS 14 CFR 61.113 (a) & (b): Private pilot privileges
and limitations: Pilot in command Sections 61.113 (a) & (b) limit private pilots
to non-comm

er cial op
e ration

s . Becau
se the sUAS will not cany

a pilot or pa sse ngers,
th e proposed operations

can achieve the equivalent level of safety
of current operations

by requiring
the Pilot operating

th e aircraft

to h ave completed

a sUAS flight training course

of 100 hours before flying

a sUAS (See Section

F of th e Manual
for mo re d eta ils). Unlike

a conventional aircraft that carries the pilot and passengers,

the sU AS is remot

e ly controlled with no living thing
or cargo on board. Skycatch's sUAS

i s also operated

by an autopilot, which great

l y reduc
es the danger

of human

er ror. The area of operation

is controlled
and restrict
ed to hard hat areas, and all flights are planned and coordinated

in advance

as set forth
in the Manual. The sUAS
to be operated hereunder

i s le ss than 10 lbs. fully load ed, carries

n e ither

a pilot nor passenger, carries
no exp losi ve mat er ials or flamm
ab le liquid fuels,

a nd operates exclusively withina secured area. Like other civil aircraft, operat ion

s under this exemption

wi ll be tightly contro lled and monitored

by the operator, and under the requirements

and in compliance
with local public safety requirements,

to provide security
for the area of operation

as is currently done on active manufacturing
sites. The FAA will have advance notice
of all operations. The risks associated with the operation

of the

s UAS are therefore diminished from the level of risk associated with commercia

l operations contemp

l ated by Part 61 when drafted, and allowing operations

of the

s UAS as requested with

a Pilot who has met the minimum requirements stated
in Section

F of the Manual

ac hie ves the

l eve

l of safety contemplated

by 14 C.F.R

. §61.113
(a) & (b). 14 C.F.R. 91.103: Preflight Action This regulation requires each pilot in command take certain actions before flight
to ensure the safety
of fli ght. An exemp tion

i s needed from this requirement

as the Pilot will take separate preflight actions, including checking

for weather conditions, checking flight battery requirements, check ing takeoff and landing distances,
and all other actions

in the Preflight Checldist. These actions will provide

an eq uival ent

l evel of safety. 14 C.F. R. 91.119: Minimum Safe Altitudes Section 91.119 establishes
safe altitudes
for operation

of civi

l aircraft. Section 91.119 (d) allows helicopters

to be operated

at

l ess than the minimums prescribed, provided
the person operating
the helicopter complies with any route
or altitudes prescribed

for helicopters

by the FAA. This exemption

is for

a multirotor craft that flies similarly

to
a helicopter, with vertical take off and vertica

l landin

g, which will typically operate

at a ltitud
es of 200 AGL,
so an exemption may be needed

to allow such opera tion

s . The sUAS will never operate

at a lt itude higher than 400 AGL and wi ll be in
a r estricted area wi th security perimeter, where buildings and peop

l e wi ll not be exposed to operations without the ir pre-obtained consent.
See Manual
for detailed procedures. The equiva

l ent

l e ve

l of safety will be achieved given the size, weight, speed
of the

s UAS as we ll as the

l ocation where

it is operated.

No flight will be taken without the permission. Because

of the advance notice
to any ons it e personnel,

a ll affected individuals

will be aware
of the planned flight operations. Unlike flight operations with aircraft

or rotorcraft weighing

far more than the maximum 10 lbs. proposed herein, our

s UAS will not carry flammable
fuel. In addition,
the low-altitude operat

i ons of the sUAS will

e n sure separation between sUAS operations
and the operations

of conventiona

l aircraft that must comply with Section 91.119. 14 C.F.R. 91.121: Altimeter Settings This regulation requires each person operating

an
a ir craft to maintain cruising

a lti tude by reference

to an altimeter that

is set

" ... to the

e l evation

of the departure airport

or an appropriate altimeter setting availab

l e before depmture."

As the sUAS may not have

a barometric altimeter,
but instead

a GPS altitude read out, an exemption may be needed.
An equivalent

l eve

l of safety will be achieved

by the operator, pursuant

to the Manual and Safety Check

li st, confirm

in g the altitude

of the

l aunc

h site shown
on the GPS altitude indic ator before flight.14CFR91.151(a):FuelrequirementsforflightinVFRconditionsSection91.151(a)outlinesfuelrequirementsforbeginningaflightinVFRconditions.OursUASislimitedtooperationsinsterileandcontrolledenvironments,andhasalimitedrangeandflighttimewhichrequireanexemptionfrom14CFR91.151(a).ThebatterypoweringthesUASprovidesapproximately35minutesofpoweredflight.Tomeetthe30minutereserverequirementin14CFR§91.151,sUASflightswouldbelimitedtoapproximately5minutesinlength.GiventhelimitationsonthesUAS'sproposedflightareaandthelocationofitsproposedoperationswithinapredeterminedarea,alongertimeframeforflightindaylightornightVFRconditionsisreasonable.DynoNobelbelievesthatanexemptionfrom14CFR§91.151(a)fallswithinthescopeofpriorexemptions.SeeExemption10673(allowingLockheedMartinCorporationtooperatewithoutcompliancewithFAR91.151(a)).OperatingthesmallsUAS,inatightlycontrolledareawhereonlypeopleandpropertyownersorofficialrepresentativeswhohavesignedwaiverswillbeallowed,withlessthan30minutesofreservefuel,doesnotengenderthetypeofrisksthatSection91.151(a)wasintendedtoalleviategiventhesizeandspeedofthesmallUAS.Additionally,limitingsUASflightsto10minuteswouldgreatlyreducetheutilityforwhichtheexemptionwillbegranted.Anequivalentlevelofsafetycanbeachievedbylimitingflightsto30minutes,orenoughbatteryreservetoensurethatthesUASlandsatthegroundstationwithatleast20%ofbatterypower(asdeterminedbytheonboardmonitoringsystemandthePilot),whicheverhappensfirst.ThisrestrictionwouldbemorethanadequatetoreturnthesUAStoitsplannedlandingzonefromanywhereinitslimitedoperatingarea.Similarexemptionshavebeengrantedtootheroperations,includingExemptions2689F,5745,10673,and10808.14CFR91.405(a);407(a)(1);409(a)(2);417(a)&(b):MaintenanceinspectionsTheseregulationsrequirethatanaircraftoperatororowner"shallhavethataircraftinspectedasprescribedinsubpartEofthispartandshallbetweenrequiredinspections,exceptasprovidedinparagraph(c)ofthissection,havediscrepanciesrepairedasprescribedinpart43ofthischapter...,"andothersshallinspectormaintaintheaircraftincompliancewithPart43.GiventhatthesesectionsandPart43applyonlytoaircraftwithanairworthinesscertificate,thesesectionswillnotapplytoDynoNobel.MaintenancewillbeaccomplishedbytheoperatorpursuanttotheflightmanualandoperatinghandbookAnequivalentlevelofsafetywillbeachievedbecausethesesmallsUASareverylimitedinsizeandwillcarryasmallpayloadandoperateonlyinrestrictedareasforlimitedperiodsoftime.IfmechanicalissuesarisethesUAScanlandimmediatelyandwillbeoperatingfromnohigherthan400feetAGL.ThePilotwillensurethatthesUASisinworkingorderpriortoinitiatingflight,performrequiredmaintenance,andkeepalogofanymaintenanceperformed.Moreover,thePilotisthepersonmostfamiliarwiththeaircraftandbestsuitedtomaintaintheaircraftinanairworthyconditiontoprovidetheequivalentlevelofsafety.Pursuantto14C.P.R.Pa1t11,thefollowingsummaryisprovidedforpublicationintheFederalRegister,shoulditbedeterminedthatpublicationisneeded:Applicantseeksanexemptionfromthefollowingrules:14C.F.R.§21,subpartH;14C.F.R45.23(b);14C.F.R.§§61.113(a)&(b);91.7(a);91.9(b)(2);91.103(b);91.109;91.119; 91.121;91.151(a);91.203(a)and(b);91.405(a);91.407(a)(1);91.409(a)(2);91.409(a)(2)and91.417(a)&(b)tooperatecommerciallyasmallunmannedvehicleCsslbsorless)inmanufacturingoperations.ApprovalofexemptionsallowingcommercialoperationsofsUASinthemanufactureindustryenhancessafetywhilereducingrisk.Mannedaircraftmonitoringandsurveyingcreatesagreaterriskbecausethecraftaremuchlarger,havecombustiblefuel,andcarryanonboardhumanpilot.Incontrast,asUASweighingfewerthan10lbs.andpoweredbybatterieseliminatesvirtuallyallofthatriskgiventhereducedmassandlackofcombustiblefuelcarriedonboard.ThesUASwillcarrynopassengersorcrewand,therefore,willnotexposethemtotherisksassociatedwithmannedaircraftflights.TheoperationofsmallsUAS,weighinglessthan10lbs.,conductedinthestrictconditionsoutlinedabove,willprovideanequivalentlevelofsafetysupportingthegrantoftheexemptionsrequestedherein,includingexemptingtheapplicantfromtherequirementsofPm't21andallowingcommercialoperations.Theselightweightaircraftoperateatslowspeeds,closetotheground,andinasterileenvironmentand,asaresult,arefarsaferthanconventionaloperationsconductedwithturbinehelicoptersoperatingincloseproximitytothegroundandpeople.PrivacyAllflightswilloccuroverprivateorcontrolledaccesspropertywiththepropertyowner'spriorconsentandknowledge.Imagestakenwillbeofindividualswhohavealsoconsentedtobeingfilmedorotherwisehaveagreedtobeintheareawhereaerialphotographywilltakeplace.SatisfactionofthecriteriaprovidedinSection333oftheReformActof2012--size,weight,speed,operatingcapabilities,proximitytoairportsandpopulatedareasandoperationwithinvisuallineofsightandnationalsecurity-providemorethanadequatejustificationforthegrantoftherequestedexemptionsallowingcommercialoperationofapplicant'ssUASinmanufacturingindustry.Sincerely,JamesPWoldDynoNobelLouisianaAmmoniaLLCRegulatoryComplianceEngineer