AFS

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- E December 14, 2012

Exemption No. 10673 Regulatory Docket No. FAA

- 201 2

- 0819

Mr. Allan Middleton Principal Project Engineer Lockheed Martin Corporation

12999 Dee r Creek Canyon Parkway Littleton, CO 80109

Dear Mr. Middleton

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption,

in cluding the date it ends.

The Basis for Our Decision

By letter dated July 13, 2012 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Lockheed Martin Corporation, (Lockheed) for an exemption from §§ 91.9(b), 91.151(b), 91.203(a) and (b ), and 91.207 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Lockheed to operate its unmanned aircraft system (UAS)

, the Vertical Capability Airborne Platform (VCAP), in domestic operations consisting of research

and de velopment, and crew training without meeting the fuel requirements for visual flight rules (VFR), without having an approved automatic locator transmitter (ELT) that is in operable condition until such a time that ELT equipment may be installed, and withou t carrying a flight manual on board or displaying an experimental certificate, but allow the flight manual an d experimental certificate to reside with the ground control station operator. In addition, it would allow Lockheed to continue operation of the VC AP temporarily following the incidental loss or mutilation of that aircraft’s experimental certificate or registration certificate or both.2

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Lockheed.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petit ion. In Grant of Exemption Nos. 8607 and 5745 (cop ies enclosed), the FAA found that it is unnecessary to carry and display the experimental

, certification and registration documents in UASs for the operation described by the petitioner. The original inte nt of the subject regulations was to display the experimental and registration documents so they would be easily available to the FAA inspectors and passengers

.

Section 91.207 (f) states that the aircraft would be exempt from the requirement for an ELT if the aircraft is engaged in flight operations incident to design and testing, or the aircrafts is used for showing compliance with regulations, crew training, exhibition, air racing, or market

surveys.

Having reviewed your reasons for requesting an exem ption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption Nos. 8607 and 5745 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 8607

and 5745 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Lockheed Martin Corporation an exempti on from 14 CFR §§ 91.9(b), 91.151(b), 91.203(a) and (b) to the extent necessary to allow Lockheed to operate

its UAS

, the VCAP , in domestic operations consisting of research and development, and crew training without meeting the fuel requirements for VFR, without carrying a flight manual on board or displaying an experimental certificate, but allow t he flight manual and experimental

certificate to reside with the ground control station operator. In addition, it would allow Lockheed to continue operation of the VCAP temporarily following the incidental loss or mutilation of that aircraft’s experimental certificate or registration certificate or both , subj ect
to the conditions and limitations described below.

Conditions and Limitations

1. The documents require d under §§ 91.9 and 91.203 must be available to the pilot in command of the UAS anytime the aircraft is operating.

2. Those documents required under §§ 91.9 and 91.203 must be made available within 10 days to any FAA, U.S. Department of Defense, or law enforc ement
official.3

3. This exemption is applicable for flights conducted under daylight hours in VFR conditions only.

4. Lockheed shall comply with any minimum fuel quantity requirement of an approved pilot operating manual or approved flight manual.

5. This exemptio n applies only to operators of VCAP when participating in research and development and crew training

.

This exemption terminates on Decem ber 3 1 , 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service

Enclosure s