Dyno 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