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August 21, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, 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 described 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), which weighs approximately 1280g and has a top speed of 15 m/s, in order to 

simulate pipeline inspection on our property located in West Jefferson, Ohio. It will be operated 

by an experienced R/C operator on Battelle’s own property, which is at least 4 nautical 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 inspection 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 subject 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 generally 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 

which the DJI Phantom 3 will operate will be on Battelle-owned property in West Jefferson, Ohio 

at an altitude at or below 200 ft. AGL. 
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The name and address of the applicant 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 APPLICABLE LEGAL STANDARD UNDER SECTION 333
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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 sUASs 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 populated 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 the 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 issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 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 section 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 clear direction in 

Section 333 of the Reform Act; the additional authority 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 and cost savings associated with transitioning to 

sUASs for inspection applications. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay.

Airworthiness 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 exemption 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 and Section 333 of P.L. 112-95 (Section 333).

Mandatory Operating Conditions
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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 entities 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 over 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 local 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 proposes that operator requirements should take into 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 

capabilities that limit 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 accurately. 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 68Wh

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, 
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trainer port, built-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. 

*Note: 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 certification. 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 Federal 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 1280g (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 pipeline 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. 
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The DJI Phantom 3’s satisfaction of the criteria set forth in Section 333 of the Reform Act—size, 

weight, 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 equivalent 

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,

Michael R. Kuhlman

Battelle Memorial Institute 
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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Battelle requests an exemption from the following regulations for the operation of the DJI 

Phantom 3:

14 CFR Part 21, Subpart H: Airworthiness 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 procedural requirements for the 

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

aircraft (1280g) 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) with an airworthiness certificate. The 

DJI Phantom 3 weighs 1280g 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 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. 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 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 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 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.
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(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 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 and Limitations.

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

compensation or hire. Battelle respectfully proposes that operator requirements should take into 

account the characteristics 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 operating conditions set forth in the exemption application.

The DJI Phantom 3 has an all-digital software platform with advanced features previously 

restricted to full size unmanned aircraft. Automated 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 up 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 protective shell to help shield 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 Phantom 3 to return home and land automatically; and
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 No Fly Zone: 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, operators 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 Aviation 

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 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 the sUAS 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).

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 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 DJI Phantom 3, 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.
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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. Wifi 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

Autopilot 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 Takeoff position

6. Tap Continue - to Engage Countdown.
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7. Tap Cancel - to Abort countdown.

Warning: When 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.

Autopilot 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)/ Assume 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

Warning: 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.
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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 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 

which the DJI Phantom 3 is built. Compared to aerial 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 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 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 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 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 DJI batteries provide approximately 25 minutes of powered flight. Without 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. In 
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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 current 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): 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 fully loaded sUAS weighs approximately 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 these 

documents 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 achieved 

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 Maintenance 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 Fatal 
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Condition Response (FCR) or Nonfatal Conditioned Response (NFCR), depending on the type 

of failure.
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APPENDIX B

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION

Battelle Overview: 

Battelle will occasionally operate the Phantom 3 on its 1100 acre property in West Jefferson, 

Ohio to examine feasibility of pipeline inspection operations. The flight periods will typically be 

less than 2 hour sessions, and will occur at altitudes 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 operator 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 manual available upon request.

Physical Characteristics:

Diagonal Size (including propellers)- 590 mm

Weight (including battery and propellers) – 1280g 

Fuel- Lithium polymer batteries. 

Landing style/type- Autonomous vertical lift

Performance Characteristics

 Maximum Altitude Above Sea Level- 6000m

 Max Ascent Speed – 5 m/s

 Max 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

 Max Speed- 16 m/s (ATTI mode, no wind)

 Operating Temperature- 0° to 40°C

 GPS Mode- GPS/GLONASS
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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 System Failures

Emergency Recovery Checklist

Warning: 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 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.

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.
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APPENDIX C

SUMMARY OF AERYON 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).