September 18, 2015

U
.S
. Department ofTransportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Re: Petition for Exemption under Section 333 Towhom it may concern: Pursuant to Section 333 ofthe FAAModernization and Reform Act of 2012 (the IfReform Act") and 14 CFR Part 11, Battelle Memorial Institute (hereinafter referred to as IfBattelle") seeks an exemption from the Federal Aviation Regulations (FARs) listed below and discussed inAppendix Ato allow for commercial operations of small unmanned aircraft systems (sUAS)
. Battelle is the world's largest non-profit research and development organization, with over 22,000 employees at more than 130 global locations. For more than 80years, we have conducted research and development as part of Battelle's commitment to contribute to the scientific and technological community. We offer a long history of collaboration with federal agencies and developing creative partnerships to support the implementation of actionable science that is relevant and applicable to public, private, and nongovernment organizations and to diverse groups of stakeholders. This exemption will allow Battelle to safely operate sUASunder controlled conditions inthe National Airspace System (NAS)for the purposes of acquiring data for precision agriculture, education, wildlife and forestry monitoring, environmental monitoring, inspection, survey and mapping, and research and development
. The proposed operations would permit the use of sUASunder controlled conditions in predetermined airspace that provides an increased level of safety beyond that existing when manned fixed or rotary wing aircraft are used to accomplish the same purpose. The FAAcan be assured that the proposed sUASoperations will be conducted at an equivalent or greater level of safety
. Battelle proposes to usethe following sUASplatforms for operation under this request: 1. DJI Phantom 2 2. DJI Phantom 3 3. Turbo Ace Matrix Each ofthese platforms weigh lessthan 55 pounds, including energy sources and equipment. Each sUASconsists of a lightweight battery powered aircraft, associated video and communications equipment, and a computer-based ground control station. All platforms are 

### llpagecontrolled via DJI flight control systems which will always be used in fail safe mode
. The fail safe

mode ensures that when there is a low voltage scenario, or when loss of radio communication takes place the sUAS will return to its point oftakeoff and land
. All platforms have a GPS position hold installed inthem
. Iffor any reason the operator stops inputting direction into the controller the sUASwill hold its position until further input is provided ensuring the aircraft will not flyaway from its desired position. In accordance with the FAAs UAS Integration office's guidance, each of these sUASs will be registered with the FAA. Prior to any sUASoperation, the Pilot in Command (PIC) will ensure a NOTAM is properly filed, the weather exceeds all minimum conditions, all pre-flight checks are complete and that sUAS performance is satisfactory for flight inthe NAS. Below is a summary of operational limitations and conditions that will ensure we operate at an equivalent or higher level of safety for each regulation requiring an exemption: 1. Battelle will obtain an Air Traffic Organization (ATO) issued Certificate of Authorization (COA)prior to conducting any sUAS operations grant of exemption. 2. All sUAS operations will be conducted in accordance with the parameters prescribed inthe approved COA. 3
. The sUASwill weigh lessthan 55 pounds including energy sources and equipment
. 4. The sUASwill beflown at speeds not to exceed 50 knots
. 5
. Flights will be flown at an altitude of no more than 400 feet AGL. 6
. sUAS operations will only be conducted during daylight hours under VFR conditions
. 7. The PIC will possessat least a sport pilot certificate and have either a current FAA medical certificate or valid U.S. driver's license. 8. The sUASwill be operated within visual line of sight (VLOS) ofthe PIC at alltimes. 9. The sUAS will not be operated less than 500 feet below or lessthan 2,000 feet horizontally from a cloud or when visibility is lessthan 3 statute miles from the PIC. 10. All operations will utilize a visual observer (VO)who will maintain verbal communication with the PIC at all times. 11. The PIC will operate the sUASfrom a stationary position and not from a moving device or vehicle. 12. The PIC will ensure that the sUASremains clear and yields the right ofway to all manned operations and activities. 13. Flights will be conducted at a lateral distance of at least 100feet away from inhabited structures, buildings, vehicles, vessels, and any people not associated with the sUASoperation. 14
. Prior to each flight, the PIC will inspect the sUASto ensure that it is airworthy to operate safely in the NAS. 15
. Battelle will follow each manufacturer's sUASmaintenance, overhaul, replacement, inspection and life limit requirements. 16. Maximum total flight time for each operational flight will be limited to the amount oftime the sUAS can beflown and still maintain reserve battery power of no less than 25%.

21page17
. All documents required by 14 C.F.R sections 91.9 and 91.203 will be available to the PIC at the sUASground station any time the sUASis operating. 18
. Any incident, accident or sUAS operation that exceeds the lateral or vertical boundaries ofthe operational area as defined bythe approved COA, will be reported to the FAA'ssUASIntegration Office (AFS-80)within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB)in accordance with the NTSB guidance. Battelle submits that grant ofthis exemption application for commercial sUAS usewill advance the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction of sUASsinto the NAS if it can be accomplished safely. This law directs the Secretary of
. Transportation to consider whether certain sUASs may operate safely inthe NAS before completion ofthe rulemaking required under Section 333 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of sUASs do not create a hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following:
• The sUAS'ssize,weight, speed, and operational capability; • Operation ofthe sUASin close proximity to airports and populated areas; and • Operation ofthe sUASwithin visual line of sight ofthe operator. Reform Act § 333(a)(1)
. Ifthe Secretary determines that such vehicles "may operate safely inthe national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft inthe national airspace system
." Id. §333(c). The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority, by itsterms, includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a)or (b) ofthis section or any of sections 4470244716 of this title ifthe Administrator finds the exemption is inthe public interest. 49 U.S.e. §44701(f). See a/so 49 USC §44711(a); 49 USC §44704; 14CFR §91.203(a)(1). The grant ofthe requested exemption is inthe public interest based on the clear direction in Section 333 ofthe Reform Act; the additional authority inthe Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to sUASs for commercial use. By approving these exemptions, the FAAwill create 31pagebenefits for agriculture, education, research and the environment which are ultimately inthe

public's interest. Accordingly, the applicant respectfully requests that the FAAgrant the requested exemption without delay. The name and address ofthe petitioner is: Battelle Memorial Institute Attn: Geoffrey D Fuller, Senior Attorney Ph:614-424- 5294 Email: FULLERG@Battelle.org Address: 505 KingAve Columbus, OH 43201 The primary contact for this application is: Nick Courtright, Courtrightn@Battelle.org, 614-467-0558 The regulations from which the exemption is requested are as follows: 

# • 14 CFR Part 21 

# • 14 CFR 91.121 

# • 14 CFR 45.23 

# • 14 CFR 91.151(a) 

# • 14 CFR 61.113 (a)

### & (b) 

# • 14 CFR 91.203(a) 

### & (b) 

# • 14 CFR 91.7(a) 

# • 14 CFR 91.405(a) 

# • 14 CFR 91.9(b)(2) 

# • 14 CFR 91.407(a)(1) 

# • 14 CFR 91.103 

# • 14 CFR 91.409(a)(2) 

# • 14 CFR 91.109 

# • 14 CFR 91.417(a) 

# • 14 CFR 91.119 Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth inthis letter are appropriate, provide an equivalent level of safety, and are in the public interest.

er Battelle Memorial Institute Appendices: A. EXEMPTION REQUEST AND EQUIVALENTLEVEL OF SAFETY B. SUMMARY OF BATTELLE SECTION333 EXEMPTION REQUEST 

### C. sUASOPERATORSMANUALS


### 41pageAPPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

Battelle requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the above mentioned sUASs:
14 CFR 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,weight, speed, operational capability ofthe particular sUASs it is unnecessary to gothrough 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 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size,weight, speed, operational capability, and proximity to airports and populated areas ofthe sUASinvolved. In this case, an analysis ofthese criteria demonstrates that the Battelle's sUASplatforms 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 sUASplatforms to be operated by Battelle will all weigh lessthan 55 pounds. They will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein. Operations under this exemption will betightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. The size ofthe aircraft, the lack offlammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. Battelle's sUAS platforms provide at least an equivalent, and most likely higher, level of safety relative 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 documented inthe manufacturer-provided manuals highlight the design intentions towards safety and reliability of Battelle's sUASs.

5lpage14 CFR45.23 

### &91.9{c): Marking ofthe Aircraft

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting ofthe Roman capital letter "N" (denoting United States registration) followed bythe registration number ofthe aircraft. Each suffix letter used inthe 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 lessthan 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 ofthis chapter. The sUASplatforms that Battelle will operate have no entry points to a cabin, cockpit, or pilot station on which these markings stated above could be placed
. In addition, due to the small size ofthe sUASs,2 inch lettering is not possible. Battelle is prepared to mark the inspection system with the name ofthe organization and location or origin and fulfill any other request bythe FAA to this topic in accordance to §45
.29(f) where the pilot, observer, and others working with the sUASwill seethe identification ofthe sUAS
. The FAAhas issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167, 10167A, and 10700. 14 CFR §61.113 (a) 

### & (b): Private Pilot Privileges and Limitations: Pilot in Command Part 61.113 (a) 

### & (b) limits private pilot privileges to non-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers or cargo, the sUASis remotely controlled and carries no passengers or property
. All sUASflights will be planned and coordinated in advance and the operations area will be controlled. The level of safety provided bythe above mentioned operational limitations and the manufacturer instructions exceeds that provided by an individual holding a commercial pilot's certificate operating a conventional aircraft
. Because the sUAScarries no pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC to have at least a sport pilot's certificate rather than a commercial pilot's certificate to operate the sUAS. 14 CFR §91.7{a): Civil aircraft airworthiness. This regulation requires that no person may operate a civil aircraft unless it is in an airworthy condition
. As there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, as no FAAregulatory standard exists for determining sUAS 61pageairworthiness
. An equivalent level of safety will be provided bythe small size ofthe sUASand

the requirements contained inthe manufacturer instructions for maintenance and use of safety checklists prior to flight. Battelle will ensure that the sUAS is in an airworthy condition prior to each flight based on compliance with the specifications in the flight operations manual and the manufacturer's instructions. 14 CFR §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is inthe aircraft
. Battelle's sUASs are small and will not carry any passengers. An equivalent level of safety will be accomplished by keeping the flight manual at the ground control station where the PIC will have immediate accessto it during all flights
. The FAAhas 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 CFR §91.103: Preflight action This regulation requires each PIC to take certain actions before flight to ensure safety offlight
. As FAAapproved flight manuals will not be provided for the sUAS,an exemption from this regulation is required. An equivalent level of safety will be provided bythe PIC following the procedures set forth inthe manufacturer's instructions
. The PIC will take all actions including reviewing weather, flight battery, takeoff and landing distances and aircraft performance data before initiation ofthe flight. The PIC will also account for site specific conditions intheir preflight actions
. 14 CFR §91.109 Flight Instruction This regulation provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft hasfully functioning dual controls. sUASbytheir design, typically do not have functional dual controls. Given the size and speed ofthe sUAS,an equivalent level of safetraining can be performed without dual controls because no pilot or passengers are aboard the aircraft and all persons will be a safe distance away inthe event the sUAS experiences any difficulties during the flight instruction. 14 CFR §91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters to be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any routes or altitudes prescribed for helicopters bythe FAA. Asthis exemption is for sUASthat are similar to helicopters, and the exemption requests authority to operate at altitudes up to 400 ft AGL,an exemption may be needed to allow such operations. The sUASwill not be operated above 400 ft AGL. The equivalent level of safety will be achieved given the size,weight and speed ofthe sUASas well asthe location of operation. The low-altitude operations ofthe sUAS will ensure separation between the sUASand operations of conventional aircraft that must comply with 91.119. 71page14 CFR §91.121: Altimeter Settings

This regulation requires that each person operating an aircraft shall maintain the cruising altitude by reference to an altimeter that is set "to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." An exemption is required as the sUASdo not have a barometric altimeter, but instead have GPS altitude read out
. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on GPS altitude indicator before flight
. 14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. An equivalent level of safety will be achieved due to operations being conducted on site without significant transit time bythe sUAS. The maximum total flight time for each flight will be limited to the amount ofthe sUAS can be flown and still maintain a reserve battery power or fuel quantity of no less than 25%. The FAA hasgranted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 10808. 14 CFR §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 sUAS platforms weigh no more than 55 pounds fully loaded and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them. An equivalent level of safety will be achieved by keeping these documents at the ground control station where the pilot flying the sUAS will have immediate accessto 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 CFR §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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter
... /1 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
81pagework that has been accomplished by certificated mechanics, under Part 43, or licensed pilots

and records of approval ofthe aircraft for return to service
. Maintenance and inspections will be performed in accordance with the sUASs User's Manuals, therefore ensuring an equivalent level of safety. Battelle will perform required maintenance, keep a log of any maintenance performed, and the operator will confirm that the sUASis in working order prior to initiating flight
. The operator isthe person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety
. Dueto the sUASs size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods oftime, if a mechanical issue arises it creates lessrisk than that associated with conventional aircraft performing the same operation.

9lpageAPPENDIX B SUMMARY OF BATTELLE SECTION 333 EXEMPTION REQUEST

Battelle hereby provides pursuant to Part 11 a summary of its exemption application to allow commercial operation ofthe above referenced sUASs. 

### An exemption is requested from the following regulations:

• 14CFR Part 21 • 14CFR 45.23 • 14CFR 61.113 (a)

### & (b) • 14CFR 91.7(a) • 14 CFR 91.9(b)(2) • 14 CFR 91.103 • 14 CFR 91.109 • 14 CFR 91.119 • 14 CFR 91.121 • 14CFR 91.151(a) • 14CFR 91.203(a) 

### & (b) • 14CFR 91.405(a) • 14CFR 91.407(a)(l) • 14CFR 91.409(a)(2) • 14CFR 91.417(a)

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