1 of 13 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, L ockheed Martin (the “petitioner ”), a manufacturer and service provider of Small Unmanned Aircraft System ( S UAS) 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 SUAS s in the Nationa l 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/distrib ution 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. U se of the Indago will decrease congestion in the NAS along with red ucing 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 C ertificate of2 of 13 Authorization (C oA ) for Griffiss International Airport

, and NASA Airworthiness Statement

for I nd a go

. 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 sy stems 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, ma rking, and placard requireme nts

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 manageme nt, 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. an d allied forces strengthen global security, helping governments deliver essential services to millions of citizens, and expanding the boundaries of scientific discovery.3 of 13 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, electr ic 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 O riginal 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 cu stomers 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 C FR) 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 wit h certain sections of 14 CFR

.4 of 13 Lockheed Martin is requesting an exempt ion 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, ma rking, 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 Altimet er 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 rul e 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 require ments 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 a irworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.5 of 13 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 wil l 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 f act 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 conventio nal

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 air craft 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 onl y 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 c abin, 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) provide s :

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 w ill 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 10700.6 of 13 14 CFR 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pi lot 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 f or compensation or hire.

Lockheed Martin respectfully proposes that pilot requirements should take into account the characteristics of the particular SUAS

. The Indago’s a utopilot ha s a high degree of pre

programmed control and various built

- in technical c apabilities 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 certific ate would be, until the FAA UAS Pilot Certificate requirements catch up to the

SUAS technology.

The Indago’s autopilot ha s 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

- land ing routine s

• The Indago self

- calibrate s all of its sensors and perform s required failsafe pre

- flight tests prior to takeoff to check for errors

• The Indago ha s 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 ha s battery minutes and flight time displayed at all times. The system will return home and land automatically if user

- confi gurable limits are reached

• The Indago auto

- detect s a los s 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 d etect s a los s

- 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 point7 of 13 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 a n 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 tha t 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 equi valent 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), t hat 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.8 of 13 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, 95 65B, 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 prov ided 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, l anding and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.109(a) and 9 1.319(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 In d ago is a remotely piloted aircraft and by design, and does not have a fully functional dual

control s ystems . Flight control is accomplished through the use of a Ground Control Station Computer that communicates with the aircraft via radio communications. The flight p ath 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 traini ng can still be performed

without dual controls b y 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 I ndago 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

a nd 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.9 of 13 The nature of aerial survey, mapping and inspection work requires that the aircraft ma intains 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 ma terial 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 advance d notice to the landowner, all affected individuals will be aware of the flights. Compared to a erial 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 wit h 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 altitu de 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 Requiremen ts 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 n o 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 th an 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 mo re than adequate to return the Indago to its planned landing zone from anywhere in its visual line of sight (VLOS) operating area.10 of 13 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

Th is 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 Ind a go’ s fully loaded weigh t 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 a t 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, 9 797A, 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 requir ed 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 insp ection 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 SUAS es

. 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 perform s automatic pre

- flight checks and the failure of any flight critical equipment check s 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 o f 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 Ind a go 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 airwor thy condition and to ensure an equivalent level of safety.11 of 13 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

fl ight 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 g ranting 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 age ncies 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 asse ssment, 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 d evelopment. All

of these activities are critical to the we ll

- 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 a nd 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 r isk 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 provi des 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 exem p tions 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, ma rking, and placard requirements

14 CFR 91.103 (b)(2) Preflight action12 of 13 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 operat ion 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 indus try 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 i n 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 Lockh eed Mar tin 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, dire cted 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 Secretar y 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".13 of 13 In addition, the FAA Administrator has general author ity 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 prescrib ed 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 belie ves 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 exp erience 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 t hat Lockheed Martin can offer.

If the FAA believes that addition al 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