James L. Ferris, Jr

Lockheed Martin Corporation

1801 State Route 17C

Owego, NY 13827

Subject: Expansion of Exemption No. 10395; docket No. FAA-2011-0953 to include 14 CFR 91.151

Lockheed Martin is currently engaged in the development, testing and support of small unmanned air 

systems. As part of this activity, Lockheed Martin works with the FAA to support testing and integration 

of these small unmanned air systems in the NAS, under experimental certification in accordance with 

FAA Order 8130.34. Currently, Lockheed Martin has exemption 10395 for 14CFR 91.9(b) and 91.203 (a) 

& (b) in support of our Owego operations. Lockheed Martin also has exemption 10673 for 14 CFR 

91.9(b), 91.151(b), and 91.203(a) & (b) for the Vertical Capability Airborne Platform. In December 2014, 

Lockheed Martin requested that exemption 10395 be revised to include exemption to 91.151 (a) & (b) in 

support of small UAV activities conducted in accordance with approved experimental certifications and 

associated limitations. In working with the FAA to support our small UAV development programs, we 

have learned that we also require exemptions to the following FAR regulations:

61.113 (a) & (b): This regulation prescribes that:

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. 

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if: flight is only incidental to that 

business or employment;

As part of supporting FAA Experimental Certification in accordance with Order 8130.34, The FAA 

has required a minimum of a private pilot’s license as evidence of understanding airspace 

integration in support of small UAV operations. However, 61.113 restricts the application of a 

private pilot’s license to incidental business applications. As the piloting operation is geared 

towards the verification an operation of the UAV, the intended operational aspects of the 

private pilot license under Order 8130.34 necessitate a waiver to the restrictions of 61.113 as 

they relate to application on a small UAV. Lockheed Martin is requesting an exemption from 

61.113 for the operation of small UAVs.

91.119(c): This regulation stipulates, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes:

(c) Over other than congested areas. 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.
This regulation requires operation above 500 feet, except during takeoff and landing. The 

primary method of operation of small UAV aircraft is typically below 500 feet and within visual 

line of sight of the operator, over sparsely populated or controlled areas of operation. As most 

operations are below the 500 feet reference, operating small UAVs below the 500 foot 

threshold improves the operational safety of the airspace by minimizing potential airspace 

conflicts with traditional aircraft operations. Lockheed Martin is seeking exemption from the 

regulation of 91.119(c) as it relates to small UAV operation.

91.121: This regulation requires, in pertinent part, each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.” 

Small UAVs typically are designed to support relative altitude measurements and reporting to 

the ground operator based on the launch site local altitude. As the operating range of small 

UAVs is relatively close to this location and within visual line of sight of the operator, Lockheed 

Martin is requesting an exemption from this regulation as it related to small UAV operation. 

91.151(a): The endurance levels of small UAVs typically does not support a 30 minute landing 

reserve. As operations and relatively close to launch and recovery areas, Lockheed Martin has 

previously requested an exemption to this regulation and requests approval of this prior 

submittal.

As this is an ongoing line of business activity and the conditions requiring these exemptions are 

anticipated as remaining unchanged, Lockheed Martin would also request that these exemptions be 

granted with no expiration date.

Lockheed Martin believes that granting these exemption is in the public interest in that it supports the 

ongoing development, testing, refinement and safety of small unmanned aircraft systems to support a 

number of functions such as aerial photography and assessments for power companies, agriculture and 

other commercial operations, as well as uses in search and rescue and other safety functions. These 

experimental certification activities are conducted for research and development, crew training, and 

market survey operations. This exemption request is also consistent with other exemptions granted by 

the FAA under similar circumstances, particularly under Section 333 exemption requests. 

As a general class, small unmanned aircraft are electrically powered, and operate on rechargeable 

batteries that have typical endurance ratings of approximately one hour, and weigh less than 25 lbs. 

The aircraft do not operate from established airports or airfields and do not require large prepared areas 

for launch and recovery. Operation is limited to pre-defined and approved operating areas associated 

with the experimental certificate limitations, with the operating areas being over sparsely populated 

areas with minimal exposure to ground personnel or property. Their flights are required to be 

conducted within visual line of sight of the operator/observer which includes the proximity to the launch 

and recovery area. Under visual line of sight, the UAV is operated within areas that support launch and 

recovery, with suitable landing areas always being readily available within a distance easily traversed in 

5 minutes or less. Operations within the line of sight operating areas also means the actual flight plan 
routes are considerably compressed from traditional manned aviation flight routes. Lockheed Martin 

believes that an operating endurance estimate of 10 minutes available after reaching the first point of 

intended landing for a fixed or rotary small UAV would provide an equivalent level of safety to the 

standard manned aircraft day VFR requirement of 30 minutes (fixed wing) and 20 minutes (rotorcraft). 

Depending on the specific UAV, this 10 minute remaining endurance would vary in the percentage of 

remaining battery life, but is a value that is relatively easy for the operator to determine and monitor.

To summarize, Lockheed Martin is requesting exemption to 61.113 (a) & (b), 91.119(c), 91.121, as well 

as 91.151 in addition to our prior exemption to 91.9(b) and 91.203 (a) & (b) for operation of small 

unmanned air systems under 25 pounds, consistent with exemptions previously granted by the FAA 

associated with Section 333 submissions. Lockheed Martin believes that for small unmanned air 

systems, a 10 minute air vehicle endurance remaining on the platform is an equivalent level of safety to 

91.151 criteria and requests that this exemption be granted without a defined expiration date.

If additional information is needed to support this request, please contact the undersigned at (607)-751-

6416, or via email at james.ferris@lmco.com.