AFS-12-481-E

December 14, 2012

 Exemption No. 10673

 Regulatory Docket No. FAA-2012-0819

Mr. Allan Middleton

Principal Project Engineer

Lockheed Martin Corporation

12999 Deer 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, 

including 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 development, 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 without 

carrying a flight manual on board or displaying an experimental certificate, but allow the 

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.
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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 petition. In Grant of Exemption Nos. 8607 and 5745 (copies 

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 intent 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 exemption, 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 exemption 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 the 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, subject 

to the conditions and limitations described below.

Conditions and Limitations 

1. The documents required 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 enforcement 

official. 
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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 exemption applies only to operators of VCAP when participating in research 

and development and crew training.

This exemption terminates on December 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards

 Service

Enclosures