US

.Deportment of Transporlation Federal Aviation Administration



### AUG 1 3 2015

Mr. James 

### L. Ferris , Jr. Lockheed Martin Corporati o n 1801 State Route 17C Owego , NY 13827

Dear Mr. Ferri s: 800 I nde pe ndence Av e
. S W W

as h1ng1 on 0 C 20591



### Regulatory Docket No. FAA-20 11

-0953

This is in respon se to your letters posted to the public docket on December I, 2014, and May 29,20 15 , (No. FAA-2011-0953) petitioning th e Federal Aviation Admi ni s tration behalf of the Lockheed Martin Corporati on (Lockheed Martin) for an extension ofexemption from 

### §§ 91.9(b) and 91.203(a) ofTitle 14 , Code of Fed era l Regu lations (14 CFR). 1 

### Based on the FAA Memorandum s ubj ect " Interpretation regarding whether certain r equired documents may be kept at an unmanned aircraft's control s tation ", (co py enclosed) dated August 8 , 2014 , we find thi s reli ef not necessary. Accordingly , Docket N o. FAA- 2011-09 53 i s being closed.
Si ncere ly,



# ~w Will iam Crozier Acting Manager UAS Integration Office , AFS-80 Enclosure

1 The p et iti oner al so requested to amend its exemption to add §§ 6 l .l l3 (a) and (b) , 91.1 19( c) , 91.121 (a), and 9 1.15l (a) and (b). The FAA will address this p ort ion of Lockheed Martin 's reque s t in Docket No. FAA-2015- 3257

. 

### AFS-14-193-E

# Federal Aviation Administration 

# Memorandum
Date: To: From: Prepared by: Subject: AUG 

# -s ·2014 Jolm Duncan, Director, Flight Standards Service, AFS-1

# ~~ Mark W. Bury, Assistant Chief Counsel for

# Internationalt{~'J?1£~a · and Regulations, AGC-200 Dean E. Griffith, Attorney, AGC-220 Interpretation**~egarding** whether certain required documents may be kept at an unmrumed aircraft's control station

.

This memorandum addresses whether the pilot of an unmanned aircraft may keep airworthiness ce1tificates, aircraft manuals , and aircraft registration certificates at the unmanned aircraft's ground control station and satisfy the regulatory requirements of sections 91.9(b), 91.203(a) and (b), 47.3(b)(2), and 47.3l(c) ofTitle 14, Code ofFederal Regulations. This question has been brought to our attention because of the impracticality of placing these documents on a small aircraft with no pilot on board. As discussed below, we find that the intent of these regulations is met if the pilot of the unmanned aircraft has access to these documents at the control station from which he or she is operating the aircraft. Section 91.9(b) prohibits operation of U.S.-registered civil aircraft unless "there is available in the aircraft" an Airplane or Rotorcraft Flight Manual or other material , markings and placards. The FAA stated that the purpose of this rule is to "insure that the information is readily available to the pilot" for use during operations. 

### See 40 Fed. Reg. 24665 (June 9, 1975) , 37 Fed. Reg. 20022 (Sept. 23, 1972). The text of the rule and preamble to subsequent revisions ofthe rule confirm the intent that the pilot is to have access to the material during !light. Accordingly, we find that the intent of the rule is met if the information is maintained at the pilot's control station such that it is available to the pilot. Section 91.203(a) prohibits operation of a civil aircraft "unless it has within it" an appropriate and current airworthiness cet1ificate and the aircraft's registration certification. Section 91.203(b) requires that the airworthiness ce11ificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." Similarly, sections 47.3(b)(2) and 47.3l(c) all ow an applicant for aircraft registration to carry "in the aircraft " the second copy of the registration application as temporary authority to operate without registration. These documents demonstrate that the aircraft is appropriately cet1ificated and registered , or is in the process of being registered. Additionally, the FAA has previously addressed the requirement to display the2 airworthiness certificate and found th at the regulation permits displaying the certificate so that it is only legible to the flight crew even if not legible to passengers. See Legal Interpretation to Leonard A. Ceruzzi, from Donald P. Byrne, Acting Assistant Chief Counse l, Regulations and Enforcement Division (Aug. 7, 1990). Accordingly, we find that maintaining these documents at the pilot's control station would meet the intent of the rule as the pilot would be able to produce the documents for his or her own information or to an FAA inspector. We note that this memorandum is to be narrowly construed to unmanned aircraft systems and is not intended to apply to operation of marmed aircraft or optionally piloted aircraft with a pilot on board.