Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 1

May 11 , 2015

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments:

1) PHANTOM2_User_Manual_v1.4_en

2) PHANTOM2_Quick_Start_Guide_en

3) Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en

4) Illustrations of Operation

Dear Sir or Madam:

This letter is a petition to the Federal Aviation Administration for an exemption from certain 

Federal Aviation Regulations in order for Battery Ion, inc., referred to hereafter as the petitioner, 

to operate a small unmanned aircraft systems (UAS) commercially in airspace regulated by the 

Federal Aviation Administration (FAA) for the purposes of (1) analyzing battery performance 

and new battery charging technology to increase the function and safety of batteries in sUAS 

applications like; (2) aerial photography, cinematography, videography and other flight 

operations that could be performed safely with the use of small UAS at low altitude within the 

U.S. national airspace system. 

Operations will be performed only at the request of and with the authorization and permission of 

clients or their authorized agents and for the performance analysis of battery products. The FAA 

and other users of the national airspace will be notified by the filing of NOTAMs. Being exempt 

to conduct sUAS operations would help us improve our existing product line while raising 

awareness of the beneficial uses and safety requirements of small unmanned air systems.

Albertico Navarro, member of Battery Ion, inc., knows about the risks that come with the 

privilege of operating an aircraft in the United States, but also with the opportunities available 

via new unmanned flight technology. His experience in heliport design will help insure 

operations meet the requirement and conditions in place by the FAA to fly within the national 

airspace as explained in Appendix A, Operations.

The petitioner would like to combine the benefits of an unmanned aviation platform to further 

the opportunities for safe, cost-effective aerial imaging services at low altitude within the U.S. 

national airspace that will serve for the development of higher performing battery products, 

heliport design and safe aerial photography for the public at large.

Contact Information: Albertico Navarro

P.O. Box 19274 

Newbury Park, CA. 91319

Cell (805) 822-3402 | Email: info@batteryion.com
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 2

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under

section 333 of the FAA Modernization and Reform Act of 2012, the petitioner, request exemption 

from the following sections of Title 14, Code of Federal Regulations §§

Part 21, Subpart H; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409

(a)(1); 91.409(a)(2); 91.417(a) & (b); 45.23 & 91.9(c); 61.113(a) & (b); 61.133(a); 61.315 (c) (2) 

& (3); 61.23(a) & (c); 91.7(a); 91.9(b)(2); 91.109(a) & 91.319(a)(1); 91.119; 91.405(a); 407(a)(1);

409(a)(2); 417(a); 91.203 (a) & (b):

APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

The petitioner seeks exemption from the above mentioned FARs for the following

reasons;

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart 

H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (Under 55 

lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety 

levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration 

of the size, weight, speed, operational capability, and proximity to airports and populated areas of the 

sUAS involved.

In this case, an analysis of these criteria would demonstrate that the sUAS operated without an

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a

conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The operator’s sUAS 

weighs under 55 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, 

and will operate exclusively within an area predisclosed and in compliance with conditions set forth 

herein. Operations under this exemption will be tightly controlled and monitored by both the 

operator, pursuant to the conditions set forth above, and by local public safety requirements. Receipt 

of the prior permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the 

fact that the aircraft is carried to the location and not flown there all establish the equivalent level of 

safety. The operator’s sUAS will provide at least an equivalent, and most likely exceeds, level of 

safety to that of such operations being conducted with conventional aircraft that would be orders of

magnitude larger and would be carrying passengers, cargo, and flammable fuel. The automated 

safety features including redundant sensor systems as described in the User Manual (Attachment 1)

and throughout this document highlight the design intentions towards safety and reliability on 

petitioner’s sUAS operations.
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 3

14 C.F.R. § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital 

letter “N” (denoting United States registration) followed by the registration number of the aircraft. 

Each suffix letter used in the marks displayed must also be a Roman capital letter.

(b) When marks include only the Roman capital letter “N” and the registration number is displayed 

on limited, restricted or light sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,”

“restricted,” “light sport,” “experimental,” or “provisional,” as applicable.

Regulation 91.9(c) provides:

No person may operate a U.S. registered civil aircraft unless that aircraft is identified in accordance 

with part 45 of this chapter. 

The operator’s sUAS have no entrance to the cabin, cockpit, or pilot station on which the markings 

can be placed. Given the size of the sUAS, two inch lettering will be impossible. Official marking 

systems for small UAS have not yet been established for operations inside the NAS. Also, the 

operator will be using various sUAS that will typically be owned by the PIC conducting the mission. 

Marking on sUAS that are not property of the petitioner would pose difficulty and therefore, the 

petitioner, proposes to keep a log of all sUAS used under this exemption request with all available 

identification information at ground station. Such log will be available to the FAA and local 

authorities upon request.

The FAA has issued similar exemptions to this regulation, see Exemption Nos. 8738, 10167,

10167A and 10700.

14 C.F.R. §61.113(a) & (b); 61.133(a); 61.315 (c) (2) & (3); 61.23(a) & (c) : Private Pilot 

Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations; 

Privileges and limits of sport pilot certificate; Medical Certificates.

Section 61.113(a) & (b) limit private pilots to noncommercial operations. Section 61.133(a) requires 

an individual with a commercial pilot’s license to be pilot in command of an aircraft for 

compensation or hire. Section 61.315 (c) (2) & (3) prevents the use of a sport pilot certificate for 

compensation or hire, in furtherance of a business. Section 61.23 (a) & (c) require a medical 

certificate. 

Battery Ion, inc., respectfully proposes that operator requirements should take into account the 

characteristics of the sUAS used by the operator, which will meet or exceed the safety features of the 

Phantom 2 described below. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, 

the sUAS used by the petitioner are remotely controlled with no passengers or property of others on 

board. It will also host a high degree of preprogrammed control and various built in technical

capabilities that strictly limit the potential for operation outside of the operating conditions set forth 

in the exemption application.

The sUAS will have a digital software platform with advanced features previously restricted to full

size unmanned aircraft. Automated features and advanced flysafe controls that enable safe, reliable
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 4

operation, as well as advanced networking capabilities and system extensibility, detailed in the 

Phantom 2 user manual (Attachment 1), such as;

● Plan your flight or fly adhoc:

The system will autonomously fly a programmed flight path or fly in manual mode

● Smart batteries and charger:

Flight battery status will display at all times. The system will return home and land automatically if 

user configurable limits are reached.

The petitioner’s sUAS, like the Phantom 2, will offer superior safety over manned aircraft by 

removing the need for people to be onboard in potentially dangerous situations. 

It will have safety features like;

● Nofly zones: The system will have the ability to set up visual nofly zones

● Self monitoring: Monitoring battery levels and other system conditions will automatically be

handled by the system

● Battery communication: Battery status will be displayed at all times. The system will return home 

and land automatically if user configurable limits are reached.

Additional automated safety functions and safety enhancing features used by petitioner’s sUAS, like 

the Phantom 2, include the following:

● Auto detection of lost GPS warns the pilot.

● Low battery that triggers a Non Fatal Warning alarm to return home, land and replace the battery

● Very low battery that triggers a Fatal Error alarm and initiates an emergency high speed descent 

landing.

● If loss of link to the base station, the vehicle will perform its predefined Non Fatal Condition 

Response.

●Precision flight and stable hovering with an integrated GPS auto-pilot system that offers 

position holding, altitude lock and stable hovering. 

●PIC program flight path with waypoint Ground Station system or like system.

● sUAS used under this exemption request will meet all FCC regulations. Typical 

communication frequencies: 900 MHz, 2.4 GHz, 5.8 GHz

● Automatic dependent surveillance – broadcast (ADS–B) will be used when available to 

operator’s sUAS.

Given these safety features, the petitioner, proposes that operators of the Phantom 2 or comparable

sUAS that meet or exceed the above mentioned safety features of the Phantom 2 should not be 

required to hold a commercial, private pilot certification or medical certificate. Instead, operators 

should be required to:

● hold a recreational or sport pilot certificate to serve as the PIC for UAS commercial operations

● hold a U.S. issued driver’s license, in lieu of an FAA-issued medical certificate. 

The FAA has previously issued the following exemptions to this regulation, see Exemption No. 

11213.
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 5

The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive the pilot requirements 

for commercial operations. Given these conditions and restrictions, an equivalent level of safety will 

be provided by allowing operation of the sUAS without a private pilot’s certificate or a commercial 

pilot’s certificate. The risks associated with the operation of the petitioner’s sUAS (given its size, 

speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk 

associated with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft), that allowing operations of sUAS, under this 

exemption request, as set forth above meets or exceeds the present level of safety provided under 14 

C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate the 

aircraft under § 61.133(a), a sport pilot certificate for compensation or hire, in furtherance of a 

business under § 61.315(c) (2) & (3) or an FAA issued medical certificate under § 61.23 (a) & (c). 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

Should the exemption be granted allowing commercial operation of the Phantom 2 and similar sUAS 

without an airworthiness certificate, no standard will exist for airworthiness of such sUAS. Given the 

size of the aircraft and the previous COAs issued for DJI’s Phantom 2 and similar sUAS, an 

equivalent level of safety will be achieved by ensuring compliance with the manufacturers manuals 

prior to each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S. registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. Given the size and 

configuration of the Phantom 2 or equivalent sUAS, it has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual (see, e.g., User Guide,

Attachment 1) at the ground control point where the PIC flying the sUAS will have immediate access 

to it.

The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls.

The operator’s sUAV are remotely piloted aircraft and by design, do not typically have fully 

functional dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The flight plan is either manually 

controlled through point navigation or preprogrammed as way points into the auto pilot before or 

during flight and only in unusual circumstances will the pilot input control functions to alter the 

preprogrammed flight. If instruction is accomplished through a training program, as set forth in 
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 6

Attachment 2 or similar sUAS manufacturer guide, an equivalent level of safety will be assured. The 

FAA has approved exemptions for flight training without fully functional dual controls for a number 

of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. 

The equivalent level of safety will be achieved by the manufacturer providing the training as outlined

and through the use of experienced and qualified pilots familiar with the UAS in use.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft may not be operated

closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the operator’s sUAS will never operate at higher than 500 feet AGL. Because 

aerial survey, mapping, data gathering and inspection work must be accomplished at relatively low 

altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which

the operator’s sUAS is built. Also, no flight will be taken without the permission of the land owner or 

those who control the land. Because of the advance notice to the landowner, all affected individuals 

will be aware of the flights. Compared to aerial survey operations conducted with aircraft or 

rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk associated with these 

operations will be far less than those currently allowed with conventional aircraft operating at or 

below 500 feet AGL. Indeed, the low altitude operations of the sUAS will maintain separation 

between these sUAS operations and the operations of conventional aircraft that must comply with 

Section 91.119.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing and, assuming normal cruising speed – (1) During the day, to fly after that for at 

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The operator’s sUAS batteries can provide between 20 - 50 minutes of powered flight. Without an 

exemption from § 14 CFR 91.151, the sUAS’s flights would be limited to approximately 20 minutes 

in length. Given the limitations on its proposed operations and the location of those proposed 

operations, a longer time frame for flight in daylight VFR conditions is reasonable. Battery Ion 

believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior 

exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not 

engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at 

which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its 

safety. Additionally, limiting sUAS flights to 20 minutes would greatly reduce their utility. In the 

unlikely event that the operator’s sUAS should run out of battery power, it would simply land. Given 

its weight and construction material, the risks are less than contemplated by the current regulation.

The petitioner believes that an equivalent level of safety can be achieved by maintaining 10 minutes 

of reserve battery charge would be more than adequate to return the sUAS to its planned landing 
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 7

zone from anywhere in its operating area. The petitioner request exemption in order to obtain 

consistent battery data to analyze on each operation.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and

10808.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a) ... no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness 

certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

The Phantom 2 and equivalent sUAS used by the petitioner weigh less than 55 lbs. As such, there is 

no ability or place to carry certification and registration documents or to display them on the sUAS. 

In addition, there is no pilot on board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them. The FAA has issued 

numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...”

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an

annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the

owner or operator to keep records showing certain maintenance work that has been accomplished by

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for

return to service.

The sUAS used by the operator are nearly maintenance free, they perform automatic preflight

checks and the failure of any check will prevent takeoff. Checks which cannot be done by the system 

will be performed by a qualified person prior to each flight and at predefined intervals as part of the 

maintenance schedule in the User Manual (see Attachment 1).

Preflight checklist includes:

1.Visual inspection of the airframe

2.Visual inspections of rotor integrity

3.Check charge of all batteries (aerial vehicle, command station, radio repeater station)

An equivalent level of safety will be achieved because the sUAS are small in size, will operate only 

in restricted predetermined areas and are not a complex mechanical devise.

As provided in the attached User Guide (Attachment 1), the operator and pilot of the sUAS in use 

will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, 
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 8

and keep a log of any maintenance that is performed. Moreover, the PIC is the person most familiar

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an

equivalent level of safety.

The sUAS maintenance guidelines will ensure an equivalent level of safety to the maintenance

requirements in Part 91. In addition, any component failure detectable by the system will be reported 

to the control station and will cause the UAV to perform a Fatal Condition Response (FCR) or 

NonFatal Conditioned Response (NFCR), depending on the type of failure.

UAS OPERATIONS

Grant of the exemption to Battery Ion, inc. will be subject to the following mandatory conditions, 

which are based upon operating conditions set forth for operation of sUAS by public entities pursuant 

to Certificates of Authorization, with additional restrictions:

● All operations to occur in Class G airspace.

● Operations to be conducted over private or controlled access property.

● Permission from land owner/controller required before commencing any flight.

● Operations to occur during Visual Flight Rules (VFR).

● Aircraft to remain within Visual Line of Sight (VLOS).

● VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical miles (NM).

● Cylinder walls may be expanded by observer with ability to control aircraft.

● Operations to occur during daylight hours.

● Above Ground Level (AGL) altitude to be restricted to 500 feet (Attachment 4).

● Maximum speed of sUAS to be restricted to 100 mph.

● Operator will file a NOTAM for each flight.

● All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

● All operations will include one pilot for flight control and one observer for VLOS enhancement of

surrounding area near the aircraft (Attachment 4).

● The operator will apply for a new Certificate of Waiver or Authorization (COA) when an sUAS

proposed operation is higher than 200 feet and/or within:

 5 nautical miles (NM) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or

 2 NM from an airport without a published instrument flight procedure or an 

operational tower; or

 2 NM from a heliport with a published instrument flight procedure

●All the sUAS operated under this exemption request will be equivalent to the safety features of the 

Phantom 2, as detailed in the Phantom 2 User Manual (Attachment 1) to comply with the conditions 

of exemption. The sUAS will have two preflight checks, one by PIC and one by operator.
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 9

PILOT IN COMAND (PIC)

All pilots operating an sUAS under this exemption will be required to have;

● Recreational or Sport Pilot Certification.

● Valid driver’s license.

● Mission plan approval from operator before each flight. 

● Comply with PIC and Operator requirements to meet conditions of exemption.

● Demonstrate, to operator, knowledge of the sUAS intended for flight (Attachment 2 & 3).
Battery Ion, Inc. – Section 333 Exemption Petition

May 11, 2015 Page 10

APPENDIX B

SUMMARY OF BATTERY ION SECTION 333 EXEMPTION REQUEST

Battery Ion, inc., hereby provides pursuant to Part 11 a summary of its exemption application to 

allow commercial operation of small unmanned system in market research, precision aerial survey 

work, mapping and inspections. An exemption is requested from the following regulations:

Title 14, Code of Federal Regulations §§

Part 21, Subpart H;

91.119(c); 

91.121; 

91.151(a); 

91.405(a); 

91.407(a)(1); 

91.409 (a)(1); 

91.409(a)(2); 

91.417(a) & (b);

45.23;

91.9(c); 

61.113(a) & (b);

61.133(a); 

61.315 (c) (2) & (3); 

61.23(a) & (c); 

91.7(a); 

91.9(b)(2); 

91.109(a)

91.319(a)(1); 

91.119; 

91.405(a);

407(a)(1);

409(a)(2);

417(a); 

91.203 (a) & (b):