1 | Page

August 21, 2015

U.S. Department of Transportation, Docket Operations We st Building Ground Floor, Room W 12 - 140 1200 New Jersey Avenue, SE Wa shington, DC 20590 Re: Petition for Exemption under Section 333 To whom it may concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Battelle Memorial Institute, the operator of the DJI Phantom 3 Unmanned Aircraft System , seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A. Details of the DJI Phantom 3 are descr ibed in Appendix B. Appendix C provides a summary of this request. The requested exemption would permit Battelle Memorial Institute to operate the DJI Phantom 3 (see Appendix B), wh ich weighs approximately 1280 g and has a top speed of 15 m/s, in order to simulate pipeline inspection on our property located in W est Jefferson, Ohio. It will be operated by an experienced R/C operator on Battelle’s own property, which is at least 4 naut ical miles away from the nearest airport, eliminating any risk of interference with an aircraft. The sUAS will also be operated during the day, in the line of sight of the operator, and at an altitude below 200 ft. AGL. Use of the DJI Phantom 3 for this i nspection will provide data more quickly, accurately, economically, safely, and with reduced environmental impact. Please see Appendix A for further discussion of the regulations from which Battelle seeks relief. Operations under the exemption will be su bject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. The DJI Phantom 3 is powered by an electric battery and will be operated under controlled conditions at low altitude in airspace that is limited in scope, as described more fully herein. The DJI Phantom 3 is designed to be operated by one person but flight operations gene rally involve two people: an operator and an observer. The operator is responsible for flying the sUAS, monitoring its status and flight dynamics while maintaining visual line of sight, and keeping the flight within the specified factory limits (in terms of wind, flight range, battery life, etc.) to ensure safe operation of the sUAS itself. The observer is responsible for monitoring the airspace for other aircraft and hazards and instructing the operator before and during flight as necessary to ensure safe separation/de - confliction with these aircraft and hazards. Finally, the airspace in wh ich the DJI Phantom 3 will operate will be on Battelle - owned property in W est Jefferson, Ohio at an altitude at or below 200 ft. AGL.2 | Page

The name and address of the appl icant are: Battelle Memorial Institute Attn: Michael R. Kuhlman, Chief Scientist Ph: 614 -424 -4312 Email: kuhlmanm@battelle.org Address: 505 King Ave Columbus, OH 43201 The primary contact for this application is: Alex Morrow, morrowa@battelle.org, 614 - 424 - 7497 Below is a list of regulations from which exemption is requested:

 14 CFR Part 21;  14 CFR 45.23(b);  14 CFR 61.113 (a) & (b);  14 CFR 61.133(a);  14 CFR 91.7(a);  14 CFR 91.9(b)(2) & (c);  14 CFR 91.103;  14 CFR 91.109  14 CFR 91.119;  14 CFR 91.151(a) ;  14 CFR 91.203(a) & (b) ;  14 CFR . 91.405(a) ;  14 CFR 91.407(a)(1) ;  14 CFR 91.409(a)(2) ;  14 CFR 91.417(a). Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.



### THE A **PPLICABLE LEGA L STANDARD UNDER SECTION 333** 3 | Page

Battelle submits that grant of this exemption application for use of the DJI Phantom 3 in simulated pipeline inspection will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of sUASs into the national airspace system (“NAS”) if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain sUASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of sU ASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: ● The sUAS’s size, weight, speed, and operational capability ; ● Operation of the sUAS in close proximity to airports and populate d areas ; and ● Operation of the sUAS within visual line of sight of the operator. Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for th e safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added)

. The Federal Aviation Act expressly grants the FAA the authority to i ssue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is d efined under §40101 of the 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) of this sectio n or any of sections 4470244716 of this title if the Administrator finds the exemption is in the public interest. 

### 49 U.S.C. §44701(f). See also 49 USC §44711(a) ; 49 USC §44704; 14 CFR §91.203(a)(1). The grant of the requested exemption is in the public interest based on the cl ear direction in Section 333 of the Reform Act ; the additional authority in the Federal Aviat ion 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 inspection applications. Accordingly, the applicant res pectful ly requests that the FAA grant the requested exemption without delay



### . 

### Ai **rw orthiness of the DJI**  **Phantom 3** The petitioner states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by him, an exem ption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 a nd Section 333 of P.L. 112- 95 (Section 333). 

### Mandatory

**Operating Conditions**4 | Page

Grant of the exemption to Battelle will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of sUAS by public en tities pursuant to Certificates of Authorization, with additional restrictions:



###  All operations must occur in Class G airspace

.  Operations much avoid congested or populated areas, which are depicted in yellow on VFR charts.  Operations will be conducted ove r private or controlled - access property.  Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

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

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

. o Cylinder walls may be expanded by observer with ability to control aircraft.  Operations to occur during daylight hours.  Above Ground Level (AGL) altitude will be restricted to 200 ft.  All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline azimuth runway centerline measured from runway thresholds.  Operator will file a NOTAM for each flight.  All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including lo cal law enforcement, fire or other appropriate governmental agencies.  All operations will include one operator for flight control and one observer for VLOS enhancement of surrounding area near the aircraft. 

### Operator Requirements Battelle respectfully p roposes that operator requirements should take i nto account the characteristics of the particular sUAS. Certain sUASs, such as the DJI Phantom 3 are characterized by a high degree of preprogrammed control and various built- in technical capabiliti es that li mit the potential for operation outside of the operating conditions set forth above. The DJI Phantom 3 sUAS also provides many built- in functional and safety features to assist the operator in safe and reliable operation. It has a “No Fly Zone” feature that will land the sUAS if it gets too close to restricted airspace such as an airport. It has real time camera images to help the operator identify surroundings. The control app also gives updates as to its location on a map and telemetry information such as remaining fly time and altitude. All details of the flight are recorded into a flight log for further analysis if needed. Visual and ultrasonic sensors scan the ground beneath the Phantom 3 for patterns, enabling it to identify its position and move accu rately. If the Intelligent Flight Battery is running low, or if the Phantom 3 loses the connection with the remote controller for any reason, the aircraft will automatically return to the takeoff point and land safely. The DJI Phantom 3 is extremely easy to fly and has a high capacity, high performance 68W h Lithium Polymer battery that offers up to 25 minutes of flight time. The system provides battery capacity data, over charge/discharge protection, as well as maintenance reminders, making the battery very safe and reliable. This system also has a remote control with a gimbal control dial,5 | Page

trainer port, bui lt- in rechargeable LiPo battery, battery level LED indicators , and a throttle locking feature that holds the throttle stick in place when descending. In addition, the DJI Phantom 3 has an anti - static compass with a protective shell to help shield it in any flight conditions. All operations are performed using a GPS auto - pilot system that offers position holding, altitude lock and stable hovering. Other special features include:  One Key Go Home: If the Phantom 3 and its controller are disconnected during flight, the system’s failsafe protection will activate, automatically telling the Phantom 3 to return home and land automatically; and  No Fly Zone: increases flight safety and prevents accidental flights in restricted areas. At all times during flight operations, the operator can intervene a programmed flight and take immediate control. *No te: All specifications mentioned above were provided by the manufacturer. Given these safety features, Battelle proposes that operators of the DJI Phantom 3 should not be required to hold a commercial or private pilot certifi cation. Instead, operators should be required to:

 have completed Battelle’s authorized training program for operation and maintenance of the sUAS; and

 file a Notice to Airmen (NOTAM) for each flight. Battelle notes that the FAA has found that safety factors permitted operation of sUASs by operators with similar qualifications in the case of operations pursuant to public COAs when the mandatory operating conditions specified above were present. See Fede ral Aviation Administration, Notice N8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 2021 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the requirements for and privileges associated with the grant of airmen ’s certificates. 49 USC §44701 (f). In summary, the applicant seeks an exemption from the FARs set forth above and in Appendix C to allow Battelle Memorial Institute to operate a small unmanned vehicle for simulated pipeline inspection procedures. Approval of the exemption , allowing operations of the DJI Phantom 3 for inspection operations , will enhance safety by reducing risk. Conventional methods would require an inspection team with various pieces of equipment. By contrast, the DJI Phantom 3 weighs 128 0 g (including the battery), is carried to/from the area of activity, removes the need for multiple crew members, and poses less risk to people and infrastructure

. Additionally, no national security issue is raised by the grant of the requested exemptions . Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no energetic or other dangerous materials, the DJI Phantom 3 poses no threat to national security. The operation of the DJI Phantom 3 for simulated pipelin e inspection in accordance with the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting Battelle from the requirements of Part 21.6 | Page

The DJI Phantom 3 ’s s atisfaction of the criteria set forth in Section 333 of the Reform Act

—size, we ight, speed, operating capabilities, lack of proximity to airports and populated areas, operation within visual line of sight, and national security

– and its showing of an equi valent level of safety as it may relate to the requirement for a pilot’s license, provide more than adequate justification for the grant of the requested exemptions allowing Battelle operation of the DJI Phantom 3 inspection operations. Sincerely,

Mi chael R. Kuhlman Battelle Memorial Institute7 | Page



### APPENDIX A **EXEMPTION REQUEST AND EQUIVA LENT LEVEL OF SA**  **FETY SHOWINGS UNDER**

**APPLICABLE RULES SUBJECT TO EXEMPTION** Battelle requests an exemption from the following regulations fo r the operation of the DJI Phantom 3: **14 CFR Part 21, Subpart H: A irw**  **orthiness Certificates 14 CFR § 91.203(a)(1)**  Section 91.203(a)(1) requires all civil aircrafts to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the pro cedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Give n the size of the aircraft (1280 g) 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 demonstrates that the DJI Phantom 3 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) w ith an airworthiness certificate. The DJI Phantom 3 weighs 1280 g fully loaded. It 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 here in. 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. The FAA will have advance notice of all operations through the filing of NOTAMs. 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 DJI Phantom provides at least an equivalent, and most likely exce eds, 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 syste ms as described in Appendix B and throughout this document , highlight the design intentions towards safety and reliability of the Phantom 3

. **14 CFR 45.23 & 91.99(c): Marking of the A ircraft**  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.8 | Page

(b ) Wh en marks include only the Roman capital letter “N” , and the registration number is displayed on limited, restricted , or light- sport categ ory aircraft, or on 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 UAS that Battelle will operate has no entry point to a cabin, cockpit, or pilot station on which these markings stated above could be placed. In addition, due to the small size of the UAS, 2 inch lettering is not possible. Battelle is prepared to mark the inspection system with the name of the organization and location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the operator , observer, and others working with the sUAS will see the identification of the sUAS. The FAA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167, 10167A , and 10700. 

### 14 C.F.R. § 61.113(a) & (b) **; 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command**  **; Commercial Pilot Privileges an d Limitations.**  Section 61.113(a) & (b) limit private pilots to noncommercial operations. Unlik e a conventional aircraft that carries a pilot, passengers, and cargo, the DJI Phantom 3, in this case , is remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensati on or hire. Battelle respectfully proposes that operator requirements should take into account the ch aracteristi cs of the particular sUAS. The DJI Phantom 3 has a high degree of preprogrammed control and various built- in technical capabilities that strictly limit the potential for operation outside of the operat ing conditions set forth in the exemption application. The DJI Phantom 3 has an all - digital software platform with advanced features previousl y restricted to full size unmanned aircraft. Automate d features and advanced fly- safe controls enable safe, reliable operation . Some of these features include:  GPS auto - pilot system that offers position holding, altitude lock and stable hovering  high performance 5200mAh Lithium Polymer battery that offers u p to 25 minutes of flight time;  over charge/discharge protection, as well as maintenance reminders ;  a remote control with a gimbal control dial, trainer port, built- in rechargeable LiPo battery with a capacity of 2000mAh, and battery level LED indicators and throttle locking feature that holds the throttle stick in place when descending ;  an anti - static compass with a p rotective shell to help shi eld it in any flight conditions;  One Key Go Home: If the Phantom 3 and its controller are disconnected during flight, the system’s failsafe protection will activate, automatically telling and if the signal is good enough, the Ph antom 3 to return home and land automatical ly; and9 | Page

 No Fly Z one: increases flight safety and prevents accidental flights in restricted areas

. Given these safety features, Battelle proposes that operators of the DJI Phantom 3 should not be required to hold a commercial or private pilot certification. Instead, o perators should be required to:

 have completed Battelle’s training program for operation of the sUAS; and

 file a NOTAM for each flight

. Battelle notes that the FAA has found that safety factors permitted operation of sUASs by operators with these qualifications in the case of operations pursuant to public COAs where the mandatory operating conditions specified above are present. See Federal Aviati on Administration, Notice N8900.227, Unmanned Aircraft Systems (UAS ) Operational Approval, at 2021 (July 30, 2013). The risks associated with the operation of the DJI Phantom 3 (given its size, speed, operational capabilities, and lack of combustible fue l) are so diminished from th e level of risk associated with private pilot operations or commercial operations contemplated by Par t 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the sUAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) an d does not rise to the level of requiring a commercial pilot to operate the aircraft under § 61.133(a). **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 DJI Phantom 3 without an airworthiness certificate, no standard will exist for airworthiness of the sUAS. Given the size of the aircraft , an equivalent level of safety will be achieved by ensuring compliance with Battelle’s UAS flight procedures prior to each flight. **14 C.F.R. § 91.9(b)(2): Civil A ircraft Flight Manual in the A** **ircr aft.**  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 o r Rotorcraft

. Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size and configuration of the DJI Phantom 3 , it has no ability or place to carry such a flight manual on the aircraft, not only because th ere is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.10 | Page

The equivalent level of safety will be achieved by keeping the flight manual (see, e.g., User Guide, Exhibit 1) at the ground control point where the operator 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. § 91.103: Preflight action** This regulation requires each operator in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth by the manufacturer: **Phantom Preflight Checklist** 1. Firmware - Updated 2. Props - Secure 3. Battery - Charged and installed 4. Lens cover and gimbal lock - Removed 5. SD card - Inserted and storage checked 6. Remote control - On, 4 green 7. Antenna - Up 8. S1 Switch - GPS Atti (up position) 9. Wi fi Extender - On 10. Phantom - On 11. Battery display - 4 Green 12. Compass - Calibrate 13. GPS lock - Confirm flash /steady green **iOS Device Preflight Checklist** 1. Battery - Check 2. Screen - Bright 3. iOS Settings - Connect to Phantom wifi. 4. Autopilot App - Open 5. Autopilot settings - Selected 6. Mode - Set 7. Phantom status bar - Connected/Ready 8. Engage button - Illuminated 9. Control settings

– Confirm **Au topilot Engage Checklist**  1. Engage - Calibrate screen on 2. Position iOS Device - Same height as Phantom. 3. GPS altimeter - Autopilot true MSL indicated 4. Tap Confirm - Take - off screen on 5. Phantom - In Tak eoff position 6. Tap Continue - to Engage Countdown.11 | Page

7. Tap Cancel - to Abort countdown. Wa rning: W hen the countdown reaches zero, Autopilot will engage and the Phantom will take - off within a few seconds. It is vital that proper safety protocols are followed and all persons and property are clear of the Phantom. **Au topilot Inflight Checklist**  1. Phantom - Confirm mode performance 2. Battery/Telemetry - Monitor performance 3. Tap Disengage - Auto Flight complete 4. S1 Switch - Atti mode (middle position)/ As sume manual control 5. S1 Switch - GPS Atti mode (up position) 6. Land - Manually Critical: Auto - land is not currently supported. You must have your Remote Control in order to land after an Autopilot flight. **Post -**  **Flight Checklist** 1. Flying again ? Proceed to Pre -flight Checklist 2. Flying Complete ? 3. Phantom - Off 4. Battery - Remove 5. Remote Control - Off 6. Lens cover/Gimbal locks

– Install **Emergency**

**Recovery**

**Checklist** Wa rning: These steps must be completed in order to ensure maximum safety. 1. S1 Switch - Atti mode (middle position) 2. Manually fly Phantom to safe location and assume hover 3. If Autopilot still responsive - Disengage Autopilot via the App 4. If Autopilot is not responsive - Terminate App. 5. S1 switch - GPS Atti (up position) 6. Land ASAP 7. Turn OFF Phantom 8. Remove Battery 9. Turn OFF Remote Control The operator will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **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 has fully functioning dual controls. sUAS by their design, typically do not have functional dual controls. Given the size and speed of the sUAS, an equivalent level of safe training can be performed without dual controls because no pilot or passengers are aboard the aircraft and all persons will be a safe distance away in the event the sUAS experiences any difficulties during the flight instruction.12 | Page

**14 CFR § 91.119: Minimum Safe A ltitudes**  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 fo rth herein, the DJI Phantom 3 will never operate at higher than **200 feet** AGL. It will, however, be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts. Because 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 wh ich the DJI Phantom 3 is built. Compared to aeria l survey operations conducted with aircraft or rotorcraft weighing far more than 1280g, 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 50 0 feet AGL. Indeed, the low- altitude operations of the sUAS will maintai n separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 CFR § 91.121: A ltimeter Settings**  This regulation requi res that each person operating an aircraft shall maintain the cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.” An exemption is required as the sUAS do not have a barometric altimeter, but instead have GPS altitude read out. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on GPS altitude indicator before flight. **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 fi rst 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 DJI batteries provide approximately 25 minutes of powered flight. W ithout an exemption from § 14 CFR 91.151, the sUAS could not be flown because the flight time required for after the sUAS reaches its destination is longer than the Phantom 3 is capable of flying. 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. Battelle 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 . In13 | Page

the unlikely event that the Phantom 3 should run out of fuel, it would simply land (depending on the mode it will either return to the operator or land at its c urrent location). Given its weight and construction material, the risks are less than contemplated by the current regulation. The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 10808. **14 C.F.R. § 91.203 (a) & ( b): Carry**  **ing Civil A ircraft 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 §91.7 15 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The fully loaded sUAS weighs a pproximately 1280g . 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 thes e docume nts at the ground control point where the operator 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 DJI Phantom 3 is nearly maintenance free. It checks the motors and battery while also looking for a GPS and remote control signal. An equivalent level of safety will be ac hieved because the sUAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. As provided in the checklist above (see page 11), the operator of DJI Phantom 3 will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator 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 DJI Phantom 3’s Ma intenance guidelines 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 Fatal14 | Page

Condition Response (FCR) or Nonfatal Conditioned Response (NFCR), depending on the type of failure.15 | Page



### APPENDIX B **SMALL UNMANNED AERIA L SYSTEM DESCRIPTION** 

**Battelle Overview:**  Battelle will occasionally operate the Phantom 3 on its 1100 acre property in W est Jefferson, Ohio to examine feasibility of pipeline inspection operations. The flight periods will typically be less than 2 hour sessions, and will occur at alti tudes below 200 ft. AGL, tracing simulated pipeline routes on the Battelle property. **DJI Phantom 3 Overview (taken from Manufacturer’s website):** The Phantom 3 is an easy to use, fully integrated package with an intelligent system that helps the operato r fly. Even when flying up to 1.2 miles (2km)* away, built- in Lightbridge technology gives the user complete control over the Phantom 3 and an immersive, live HD view of everything below. A unique Beginner Mode helps the user learn how to fly in a safe, limited area. The Phantom 3 can be set to fly only within a given distance and altitude from the operator, protecting the Phantom and making it automatically stay inside the desired limits. This invisible, GPS - enabled “geofence” prevents the operator from accidentally flying into unwanted areas or obstacles. **DJI Phantom 3 Operating Manuel** 

### - System user m anual available upon request. **Phy sical Characteristics:**  **Diagonal Size** (including propellers) - 590 mm **Weight** (including battery and propellers)

– 1280g **Fuel** - Lithium polymer batteries. **Landing sty le/ty**  **pe** - Autonomous vertical lift **Performance Characteristics**  Ma ximum Altitude Above Sea Level - 6000m  Ma x Ascent Speed

– 5 m/s  Ma x Decent Speed - 3 m/s  Hover Accuracy o Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m o Horizontal: +/- 1.5m  Ma x Speed - 16 m/s (ATTI mode, no wind)  Operating Temperature - 0° to 40°C  GPS Mode - GPS/GLONASS16 | Page

**Maintenance -**  The sUAS is nearly maintenance free. It checks the motors and battery while also looking for a GPS and remote control signal. **Emergency**

**Procedures and Sy stem Failures**  **Emergency**

**Recovery**

**Checklist** Wa rning: These steps must be completed in order to ensure maximum safety. 1. S1 Switch - Atti mode (middle position) 2. Manually fly Phantom to safe location and assume hover 3. If Autopilot still responsive - Disengage Autopilot via the App 4. If Autopilot is not responsive - Terminate App. 5. S1 switch - GPS Atti (up position) 6. Land ASAP 7. Turn OFF Phantom 8. Remove Battery 9. Turn OFF Remote Control **Low Battery** 

**Condition**

– Operator will be alerted of a low battery condition and will land the aircraft as soon as able. If the Intelligent Flight Battery is ru nning low, or if the Phantom 3 loses the connection with the remote controller for any reason, the aircraft will automatically return to the takeoff point and land safely. **Line -** **of -** **Sight -**  **Loss**

– All flight operations will be conducted with the UAS within visual sight of the operator . If the operator’s view becomes obstructed and line - of- sight is lost, the operator may instruct the sUAS to hover in place until line - of- sight is reestablished, to return to the takeoff position, or to land at the current position. **Security –**  The system and communication links are encrypted by the manufacturer’s proprietary software.17 | Page

**AP PENDIX C**  **SUMMA RY OF A** **ERYON SECTION 333 EXEMPTION REQUEST** Battelle hereby provides pursuant to Part 11 a summary of its exemption application to allow for operation of the DJI Phantom 3 small unmanned system for simulated pipeline inspection. An exemption is requested from the following regulations: 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. 61.133(a) ; 14 C.F.R. 91.7(a) ; 14 C.F.R. 91.9(b)(2) & (c) ; 14 C.F.R. 91.103 ; 14 CFR 91.109 14 C.F.R. 91.119 ; 14 CFR 91.121 14 C.F.R. 91.151(a) ; 14 C.F.R. 91.203(a) & (b) ; 14 C.F.R. 91.405(a) ; 14 C.F.R. 91.407(a)(1) ; 14 C.F.R. 91.409(a)(2) ; 14 C.F.R. 91.417(a).