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September 10, 2015

U.S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA FMRA and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act (FMRA) of 2012, Lockheed 

Martin (the “petitioner”), a manufacturer and service provider of Small Unmanned Aircraft 

System (SUAS) products, services, and operations for multiple government activities; 

respectfully requests an exemption from Federal Aviation Regulations (FARs) listed below. 

The requested exemption would allow Lockheed Martin to conduct research and commercial 

activities using SUASs in the National Airspace System (NAS). These operations would be 

conducted under strict guidelines and control ensuring safe operations and will be conducted 

within and under the conditions outlined herein or as may be established by the FAA as required 

by Section 333.

As described below, the requested exemption would authorize Lockheed Martin to perform 

commercial SUAS operations within the NAS utilizing the Indago airframe with a variety of

sensors and payloads that will provide the following benefits: 

1. Commercial use of the Indago to perform aerial video and data gathering in support of 

federal, state and local government agencies as well as the following private commercial 

ventures: basic photography, precision agriculture, pipeline/power line 

transmission/distribution towers, oil and gas facilities (on and off shore), manmade/natural 

disaster damage assessment, support to first responders, security, construction, research, 

wildlife and wildfire monitoring, real estate, local infrastructure, railroad infrastructure, 

surveying, scientific studies, insurance functions, training, mining and UAS research and 

development. 

All of these activities are critical to the well-being of the general public. 

2. Use of the Indago will decrease congestion in the NAS along with reducing the noise/air 

pollution generated during traditional manned aircraft flight operations. 

3. Operation of the Indago may substantially reduce the risk to life and property by performing 

missions that are currently being performed by manned aircraft that are considered 

dangerous (i.e., transmission tower inspections or operating in extreme terrain or weather 

conditions).

4. The Indago when operated properly and under the FAA guidelines will not pose a risk to 

National Security or generate new privacy issues. 

5. Lockheed Martin is requesting the approval to fly the Indago multi-rotor Vertical Takeoff 

and Landing (VTOL) system. Our operators are currently certified in this system. A user 

manual for the system is provided as well as a flight checklist, approved Certificate of 
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Authorization (CoA) for Griffiss International Airport, and NASA Airworthiness Statement

for Indago. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s responsibilities under Section 333(c) of the FMRA to "establish requirements 

for the safe operation of such aircraft systems in the national airspace system." 

The regulations that Lockheed Martin requests exemption from are: 

14 CFR 21 Subpart H Certification procedures for products and parts, Airworthiness 

Certificates

14 CFR 45.23 (a) and (b) Display of marks; general

14 CFR 61.113 (a) and (b) Private pilot privileges and limitations: Pilot in command

14 CFR 61.133 (a) Commercial pilot privileges and limitations

14 CFR 91.7 (a) Civil aircraft airworthiness

14 CFR 91.9 (b)(2) and (c) Civil aircraft flight manual, marking, and placard requirements

14 CFR 91.103 (b)(2) Preflight action

14 CFR 91.109 (a) Flight instruction

14 CFR 91.119 (c) Minimum safe altitudes

14 CFR 91.121 Altimeter settings

14 CFR 91.151 (a) Fuel requirements for flights in VFR conditions

14 CFR 91.203 (a) and (b) Civil aircraft: Certifications required

14 CFR 91.405 (a) Maintenance required

14 CFR 91.407 (a)(1) Operation after maintenance

14 CFR 91.409 (a)(2) Inspections

14 CFR 91.417 (a) Maintenance records

Description of Petitioner

Lockheed Martin is a global security and aerospace company principally engaged in the research, 

design, development, manufacture, integration, and sustainment of advanced technology 

systems, products, and services. We also provide a broad range of management, engineering, 

technical, scientific, logistic, and information services. We serve both domestic and international 

customers with products and services that have defense, civil, and commercial applications, with 

our principal customers being agencies of the U.S. Government. Our main areas of focus are in 

defense, space, intelligence, homeland security, and information technology, including cyber 

security. 

Lockheed Martin has been in the Aviation industry for over 100 years with a focus on helping 

U.S. and allied forces strengthen global security, helping governments deliver essential services 

to millions of citizens, and expanding the boundaries of scientific discovery. 
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Lockheed Martin offers a range of autonomous UAV’s, varying in size, endurance, and lift 

capabilities. Small Unmanned Air Systems are developed primarily by the Lockheed Martin 

Unmanned Solutions Organization and the Lockheed Martin Advanced Development Programs, 

or Skunk Works®. Lockheed Martin UAS technology is being used worldwide and can serve in 

a wide variety of applications, including: 

 Security and Defense

 Traffic/crime surveillance

 Border and coastal security

 Chemical, radiation, explosive detection

 Gas/Oil pipeline, electric line inspection

 Mapping and surveying

 Communications relay

 Search and rescue operations

 Riots and crowd surveillance

 Emergency goods delivery

 Fire detection and surveillance

 Forestry and agriculture

 Convoy and motorcade escort

 Automatic surveillance and patrolling of pre-defined areas

 Hostage search

 Delivery of goods in life-threatening situations

 Fishing surveillance

As the Original Equipment Manufacturer (OEM) of the Indago, Lockheed Martin personnel have 

been providing UAS support and training with our Indago system to various domestic and 

international customers over the past few years. Lockheed Martin SUAS

Pilots/Instructors/Operators have thousands of SUAS flight hours of operations and student 

instruction throughout the world. Many of our current Pilots/Instructors/Operators have military 

experience and hold FAA Pilot’s Licenses. This background and experience reinforces our 

strong safety orientated focus at Lockheed Martin.

14 CFR 11.81 (a) – Name and address of the Petitioner

Lockheed Martin Corporation

Sergio Menchaca

1525 Perimeter Parkway 

Suite 520

Huntsville, AL, 35806

Office Phone: 256-970-6620

Email: sergio.g.menchaca@lmco.com

14 CFR 11.81 (b) – Exemptions Requested

The FAA considers all aircraft whether manned or unmanned as “aircraft” flown by a “pilot.” 

Title 14 of the Code of Federal Regulations (14 CFR) governs the manner in which all aircraft 

and pilots operate within the NAS. Due to the nature of their systems and operation, Unmanned 

Aircraft Systems (UAS) are unable to comply with certain sections of 14 CFR. 
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Lockheed Martin is requesting an exemption from certain parts of 14 CFR cited below in 

addition to such further exemptions and relief as the FAA may determine is necessary to permit 

the operations described herein.

14 CFR 21 Subpart H Certification procedures for products and parts, Airworthiness 

Certificates

14 CFR 45.23 (a) and (b) Display of marks; general

14 CFR 61.113 (a) and (b) Private pilot privileges and limitations: Pilot in command

14 CFR 61.133 (a) Commercial pilot privileges and limitations

14 CFR 91.7 (a) Civil aircraft airworthiness

14 CFR 91.9 (b)(2) and (c) Civil aircraft flight manual, marking, and placard requirements

14 CFR 91.103 (b)(2) Preflight action

14 CFR 91.109 (a) Flight instruction

14 CFR 91.119 (c) Minimum safe altitudes

14 CFR 91.121 Altimeter settings

14 CFR 91.151 (a) Fuel requirements for flights in VFR conditions

14 CFR 91.203 (a) and (b) Civil aircraft: Certifications required

14 CFR 91.405 (a) Maintenance required

14 CFR 91.407 (a)(1) Operation after maintenance

14 CFR 91.409 (a)(2) Inspections

14 CFR 91.417 (a) Maintenance records

14 CFR 11.81 (c) – The extent of relief Lockheed Martin seeks, and the reason Lockheed 

Martin seeks the relief; and 14 CFR 11.81 (e) – The reasons why granting the exemption 

would not adversely affect safety, or how the exemption would provide a level of safety at 

least equal to that provided by the rule from which Lockheed Martin seeks exemption:

Exemption Requests and Equivalent Level of Safety

Lockheed Martin requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of SUAS’s: 

14 CFR 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 of the aircraft (less than 55 lbs.) 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.
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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 FMRA 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 SUAS 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 

SUAS weighs less than 55 lbs. 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 pilot, pursuant to the conditions set forth above, and by local public safety 

requirements. Receipt of the prior permission of the land owner, 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 SUAS 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.

14 CFR 45.23 and 91.9 (b) (2), (c): Marking of the Aircraft

Regulation 45.23 provides: 

(a) Each pilot 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.

(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 pilot 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 SUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be 

placed. Given the size of the SUAS, two-inch lettering will be impossible. Official marking 

systems for SUAS have not yet been established for operations inside the NAS. Lockheed Martin

is prepared to mark the SUAS 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 pilot, 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.
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14 CFR 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot 

in Command; Commercial Pilot Privileges and Limitations

Section 61.113(a) and (b) limit private pilots to non-commercial operations. 

Unlike a conventional aircraft, that carries a pilot, passengers, and cargo, the Indago 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. 

Lockheed Martin respectfully proposes that pilot requirements should take into account the 

characteristics of the particular SUAS. The Indago’s autopilot 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. Hands-on 

experience with the Indago are a far more effective guarantee of flight safety than a commercial 

pilot certificate would be, until the FAA UAS Pilot Certificate requirements catch up to the 

SUAS technology. 

The Indago’s autopilot 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, as well as advanced networking capabilities and system 

extensibility. 

• The system can autonomously fly a programmed flight path or fly in manual mode

• Flight time and battery minutes are displayed at all times. The system will return home 

and land automatically if user-configurable limits are reached

• Flight safety is a priority, no matter the operating environment or project. SUAS offer 

superior safety over manned aircraft by removing the need for people to be onboard in 

potentially dangerous situations. With multiple built-in safety features, SUAS platforms 

are comparable to manned operations with respect to safety

• The Indago automatically detects potential issues - with configurable automated response 

behavior such as a return-home and automatic-landing routines

• The Indago self-calibrates all of its sensors and performs required failsafe pre-flight tests 

prior to takeoff to check for errors

• The Indago has the ability to automatically return to base in a loss of link situation so the 

aircraft can’t fly horizontally or vertically beyond the pre-planned flight area

• The Indago has battery minutes and flight time displayed at all times. The system will 

return home and land automatically if user-configurable limits are reached

• The Indago auto-detects a loss of GPS, warns the pilot and initiates a landing based on 

user specified timelines

• Low battery on the Indago triggers a return to base for landing and battery replacement

• If the Indago detects a loss-of-link with the Ground Control Station the vehicle will return 

to base and perform an automatic landing at the takeoff point or other user defined return 

home point
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Given these safety features, the applicant proposes that pilots of an Indago with these features 

should not be required to hold a commercial or private pilot certification. Instead, pilots should 

be required to: 

• Have successfully completed, at a minimum, FAA private pilot ground instruction and 

passed the FAA Private Pilot written examination or FAA-recognized equivalents 

including ICAO issued commercial, private license and ground school; pilots will 

therefore receive instruction in aeronautical navigation, meteorology, and aviation 

regulations prior to conducting commercial SUAS operations.

• Have completed and received certification in an Indago training program. 

• Have completed 10 hours (or 20 flights) of training on the SUAS and/or simulator before 

commencing commercial operations.

Lockheed Martin notes that the FAA has found that safety factors permitted operation of SUAS

by pilots 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 N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, 

at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to 

waive the pilot requirements for commercial operations. 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the Indago without a private pilot’s certificate or a commercial pilot’s 

certificate, under the conditions set forth herein. 

The risks associated with the operation of the Indago (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 Indago as set 

forth above meets or exceeds the present level of safety provided under 14 CFR 61.113(a) and

(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under 

61.133(a).

14 CFR 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 Indago without an 

airworthiness certificate, no standard will exist for airworthiness of the Indago. Given the size of 

the Indago and the previous COAs and exemptions issued for similar SUAS, an equivalent level 

of safety will be achieved by ensuring compliance with the given SUAS OEM manuals and use 

of safety checklists prior to each flight.

14 CFR 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft

The regulation provides: 

(b) 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. 
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Given the size of the Indago, the ability does not exist to 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. 

The equivalent level of safety will be achieved by keeping the flight manual at the ground 

control point where the pilot flying the Indago will have immediate access. 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 CFR 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to 

ensure 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 by following a comprehensive 

preflight checklist. The pilot in command (PIC) 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(a) and 91.319(a)(1): Flight Instruction

These regulations provide 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. 

(a) No person may operate an aircraft that has an experimental certificate — (1) For other 

than the purpose for which the certificate was issued; or

The Indago is a remotely piloted aircraft and by design, and does not have a fully functional dual 

control systems. Flight control is accomplished through the use of a Ground Control Station 

Computer that communicates with the aircraft via radio communications. The flight path is either 

manually controlled through joystick control, point- and-click navigation or a pre-programmed

flight plan as way points into the auto pilot before or during flight. 

Given the size and speed of the Indago, an equivalent level of safe training can still be performed 

without dual controls by having the instructor within arm’s reach of the controls at all times 

during training. Additionally, no pilot or passengers are aboard the Indago, and all persons will 

be a safe distance away should the Indago experience any difficulties during flight instruction. 

The FAA has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K 

and 9862A.

14 CFR 91.119(c): 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. 
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The nature of aerial survey, mapping and inspection work requires that the aircraft maintains a 

relatively low altitude or proximity to obstacles in many cases at altitudes less than 500 feet 

AGL, therefore an exemption from Section 91.119(c) is requested.

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the Indago is built. Also, no flight will be conducted without the permission of the land 

owner or those who control the land. With the advanced notice to the landowner, all affected 

individuals will be aware of the flights. Compared to aerial survey operations conducted with 

aircraft or rotorcraft weighing far more than the weight of the systems requested for exemption, 

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 Indago will maintain separation between these operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or 

flight level by reference to an altimeter that is set to the elevation of the departure airport 

or barometric pressure. 

Some SUAS have a barometric pressure sensor, while others only use GPS for elevation or 

altitude and this setting is “zeroed” at the point of take-off during preflight. 

The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of 

the launch site and “zeroing” the altitude setting prior to takeoff. The altitude of the SUAS will 

be displayed via telemetry on the Ground Control Station and will be constantly monitored by 

the PIC during the entire flight operation.

14 CFR 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 different SUAS batteries provide a variety of powered flight times. An exemption from 14 

CFR 91.151 is therefore required. 

Lockheed Martin 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 Indago, without 30 minutes of reserve fuel 

does not introduce the type of risks that Section 91.151(a) was meant to prevent given the size 

and speed at which the Indago operates. The fact that it carries no pilot, passenger, or cargo also 

enhances its safety. In the unlikely event that the Indago should reach a low battery state, it 

would initiate its automatic return home sequence and land. Given its weight and construction 

material, the risks are less than contemplated by the current regulation.

Lockheed Martin believes that an equivalent level of safety can be achieved by maintaining 5 

minutes of reserve fuel (or battery), which would be more than adequate to return the Indago to 

its planned landing zone from anywhere in its visual line of sight (VLOS) operating area. 
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The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 

and 10808. 

14 CFR 91.203 (a) and (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 Indago’s fully loaded weight is approximately 5.15 lbs. As such, there is no ability or place 

to carry certification and registration documents or to display them on the Indago. 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 pilot flying the Indago 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 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft pilot 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 pilot 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. 

An exemption from these maintenance requirements is warranted because the Indago will not

have an airworthiness certificate, and the FAA has not developed equivalent part 91 maintenance

requirements for SUASes. More specifically, no individuals are authorized by the FAA to

approve a SUAS for return to service under 91.407(a) or to conduct initial airworthiness

inspections.

The Indago aircraft under this request is nearly maintenance free, and the system performs

automatic pre-flight checks and the failure of any flight critical equipment checks will prevent 

take-off. Checks which cannot be done by the system will be performed by a qualified person 

prior to each flight and at predefined intervals as part of the manufacturer prescribed 

maintenance schedule.

An equivalent level of safety will be achieved because the Indago is small in size and will 

operate only in pre-determined approved areas by qualified personnel. The pilot of the Indago 

will ensure that it is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance that is performed. Moreover, the pilot 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.
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If mechanical issues arise, the UAS can land immediately due to the VLOS area of operation and 

proximity to the operator. Moreover, the UAS's small size, carrying capacity, and the fact that 

flight operations will only take place in restricted areas for limited periods of time, create less 

risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft 

performing the same operation.

14 CFR 11.81 (d) – The reasons why granting Lockheed Martin’s request would be 

in the public interest; that is how it would benefit the public as a whole:

Granting the exemption to would further public interest by allowing Lockheed Martin to support 

federal, state and local government agencies as well as commercial entities to perform aerial 

video and data gathering, basic photography, precision agriculture, pipeline/power line 

transmission/distribution towers, oil and gas facilities (on and off shore), manmade/natural 

disaster damage assessment, support to first responders, security, construction, research, wildlife 

and wildfire monitoring, real estate, local infrastructure, railroad infrastructure, surveying, 

scientific studies, insurance functions, training, mining and UAS research and development. All 

of these activities are critical to the well-being of the general public and Lockheed Martin has the 

expertise and background to further safe integration of UAS into the National Airspace System 

(NAS) while promoting regulatory compliance and environmental responsibility. 

The use of the Indago will decrease congestion in the NAS along with reducing the noise/air 

pollution generated during traditional manned aircraft flight operations. Operation of the Indago 

may substantially reduce the risk to life and property by performing missions that are currently 

being performed by manned aircraft that are considered dangerous such as transmission tower 

inspections, firefighting or operating in extreme terrain or weather conditions. The Indago 

provides an efficient and quickly deployable solution to provide Emergency Responders with 

increased situational awareness and minimizes risk to the emergency response personnel and the 

public at large. The Indago when operated by Lockheed Martin and under the FAA guidelines 

will not pose a risk to National Security or generate new privacy issues. 

Descriptions related to the impact on safety and the equivalent level of safety for the exemptions 

that Lockheed Martins is seeking are included immediately following the 

(1) 14 CFR 11.81 (f) A summary the FAA can publish in the Federal Register, stating: The 

rule from which you seek the exemption

Petitioner: Lockheed Martin Corporation

Applicable Sections of 14 CFR that Lockheed Martin seeks exemption:

14 CFR 21 Subpart H Certification procedures for products and parts, Airworthiness 

Certificates

14 CFR 45.23 (a) and (b) Display of marks; general

14 CFR 61.113 (a) and (b) Private pilot privileges and limitations: Pilot in command

14 CFR 61.133 (a) Commercial pilot privileges and limitations

14 CFR 91.7 (a) Civil aircraft airworthiness

14 CFR 91.9 (b)(2) and (c) Civil aircraft flight manual, marking, and placard requirements

14 CFR 91.103 (b)(2) Preflight action
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14 CFR 91.109 (a) Flight instruction

14 CFR 91.119 (c) Minimum safe altitudes

14 CFR 91.121 Altimeter settings

14 CFR 91.151 (a) Fuel requirements for flights in VFR conditions

14 CFR 91.203 (a) and (b) Civil aircraft: Certifications required

14 CFR 91.405 (a) Maintenance required

14 CFR 91.407 (a)(1) Operation after maintenance

14 CFR 91.409 (a)(2) Inspections

14 CFR 91.417 (a) Maintenance records

(2) A brief description of the nature of the exemption you seek:

Lockheed Martin seeks relief from the applicable parts of 14 CFR 61 and 91 as requested 

within this petition to permit safe, legal, commercial Indago operation in support of federal, 

state and local government agencies, commercial entities and the public at large.

14 CFR 11.81 (g) – Any additional information, views or arguments available to 

support Lockheed Martin’s request:

As a leader in the Aviation industry for over 100 years, it is Lockheed Martin belief that the size, 

weight, speed, operating environment, system capabilities, pilot qualifications and experience 

provide greater than the equivalent level of safety when operating an Indago and that it is in the 

public interest as outlined in Section 333 of the FMRA. It is requested that the FAA issue an 

exemption from the applicable parts of 14 CFR 61 and 91 as requested within this petition to 

permit safe, legal, commercial Indago operation by Lockheed Martin as soon as possible.

This petition for exemption is submitted to fulfill Congress's goal in passing Section 333(a) 

through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system" 

and, under Section 333 of that law, directed the Secretary of Transportation ("FAA 

Administrator") to consider whether certain unmanned aircraft systems 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 shall determine, at a minimum:

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, 

and operational capability, proximity to airports and populated areas; and operation 

within visual line of sight, do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification 

under section 44704 of title 49, United States Code is required for the operation of 

unmanned aircraft systems identified under paragraph (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". 
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In addition, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C. 44701(f) (authorizing the grant of exemptions from a 

requirement of regulations prescribed pursuant to section 44701(a)-(b) and sections 44702-

44716). A party requesting an exemption must explain the reasons why the exemption: (1) would 

benefit the public as a whole, and; (2) would not adversely affect safety (or how it would provide 

a level of safety at least equal to the existing rules). See 14 CFR 11.81; FAA, Petition for 

Exemptions.

Lockheed Martin will utilize battery powered multi-rotor vertical-take-off-landing (VTOL) 

aircraft, each weighing less than 55 lbs., including payload. These systems will operate, under 

normal conditions, at a speed of no more than 87 knots. Operations will be performed by a 

qualified Indago PIC, as outlined below, to ensure that safety of the NAS and the public in 

general are paramount. Given the small size of the Indago, the pre-planned environment within 

which it will operate, and the level of qualification and training Lockheed Martin pilots receive 

and provide, Lockheed Martin believes that these operations will provide greater than an 

“equivalent level of safety”. 

The operation of the Indago by knowledgeable and professional pilots will serve to enhance 

safety, add to the public benefit, and reduce the environmental impact related to current methods 

of manned aircraft flight operations will "not create a hazard to users of the NAS or the public."

It is Lockheed Martin’s belief that the size, weight, speed, operating environment, system 

capabilities and extensive PIC training and experience provide greater than equivalent level of 

safety when operating a SUAS and that it is in the public interest as outlined in Section 333 of 

the FMRA. It is requested that the FAA issue and exemption to permit safe, legal, commercial 

SUAS operation by Lockheed Martin as soon as possible.

14 CFR 11.81 (h) – Request to exercise the privileges of the exemption outside the 

United States, the reason why Lockheed Martin needs to do so:

Given the global nature of our Corporation and our diverse customer base, Lockheed Martin 

requests to exercise the privileges of this exemption outside of the United States. The use of 

Unmanned Systems is increasing around the world and our customers and partners can benefit 

from the capabilities, technologies and experience that Lockheed Martin can offer. 

If the FAA believes that additional exemptions beyond those requested in this petition are 

required for Lockheed Martin to conduct Indago operations, we respectfully request exemption 

from those regulations. 

Very Respectfully,

Sergio “Chuy” Menchaca

Business Development Manager

Lockheed Martin - CDL Systems - USA, Inc.

1525 Perimeter Pkwy Suite 520

Huntsville, AL 35806

Office: 256.970.6620

Mobile: 256.701.0973

Email: sergio.g.menchaca@lmco.com