AFS-15-3313-E 

Exemption No. 15464 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

LOCKHEED MARTIN Regulatory Docket No. FAA-2015-3257

CORPORATION 

 

for an exemption from §§ 61.113(a) 

and (b); 91.119(c); 91.121; and 

91.151(a) and (b) of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

 By letter posted to the docket on July 29, 2015, Mr. James L. Ferris, Jr., Lockheed Martin 

Corporation (Lockheed Martin), 1801 State Route 17C, Owego, New York 13827, petitioned 

the Federal Aviation Administration (FAA) on behalf of Lockheed Martin for an exemption 

from §§ 61.113(a) and (b); 91.119(c); 91.121; and 91.151(a) and (b) of Title 14, Code of 

Federal Regulations (14 CFR). Lockheed Martin requested an exemption to operate its small 

unmanned aircraft system (UAS) up to 1,000 feet above ground level (AGL). 

The petitioner requests relief from the following regulations: 

Section 61.113(a) 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: 

 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 
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Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below 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. 

Section 91.121 requires 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.” 

Section 91.151(a) and (b) prescribes that: (a) no person may begin a flight in an 

airplane under visual flight rules (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; and 

(b) No person may begin a flight in a rotorcraft 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, to fly after that 

for at least 20 minutes. 

 

The petitioner supports its request with the following information:

Lockheed Martin notes that it is currently engaged in the development, testing, and support of 

small UAS. As part of this activity, Lockheed Martin states that it works with the FAA to 

support testing and integration of these small UAS in the national airspace system (NAS), 

under a special airworthiness certification in accordance with FAA Order 8130.34, with all 

unmanned aircraft vehicles (UAVs) operations below 1,000 feet AGL. 

The petitioner states that the unmanned aircraft (UA) to be operated under this request will be 

operated under a special airworthiness certificate for the purposes of research and 

development, crew training, and market survey in accordance with § 21.191. In general, these 

classes of small UA do not operate from established airports or airfields and do not require 

large prepared areas for launch and recovery. 

The petitioner stipulates the aircraft are electrically powered, operate on rechargeable 

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

25 pounds. The endurance level of small UAVs typically does not support a 30 minute 

landing reserve. As operations are relatively close to launch and recovery areas, Lockheed 

Martin has requested an exemption to § 91.151(a). The petitioner 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 and 20 minutes for fixed-wing and 

rotorcraft aircrafts, respectively. 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. 
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In support of its request for an exemption from § 91.121, Lockheed Martin states that small 

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

ground operator based on the launch site local altitude. Lockheed Martin notes that it will 

limit all operations to less than 1,000 feet AGL. The petitioner further notes that the 

operating range of small UAVs is relatively close to this location and within visual line of 

sight of the operator. 

The petitioner has integrated safety features into the design of each UAS, as described in the 

petitioner’s proprietary safety checklist, which is reviewed and reviewed in accordance with 

FAA Order 8130.34, as amended. The petitioner further describes in its proprietary safety 

evaluation that, in the event the UAS loses communications or its GPS signal, the UA will 

have the capability to return to a pre-determined location within the approved operating area. 

To assure the proper function of the relative altitude measurement and reporting, inspection 

and routine maintenance operations are included in the operations manual, while more 

advanced and detailed maintenance information is provided in the advanced maintenance 

manual. The petitioner notes that it will provide a written, self-certifying statement that they 

will comply with the aircraft’s inspection and maintenance program. 

The petitioner states that all flights will be operated within visual line of sight (VLOS) of a 

pilot and/or observer, and that UA flights will be limited to a maximum altitude of 1,000 feet 

AGL. The petitioner recognizes that § 91.119(c) requires operation above 500 feet, except 

during takeoff and landing. The petitioner states that the primary method of operation of 

small UAV aircraft is typically below 500 feet and within VLOS of the operator, over 

sparsely populated or controlled areas of operation. The petitioner argues that 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. The petitioner asserts that an equivalent level of 

safety can be achieved given the size, weight, and speed of the UAS, as well as, the location 

where it is operated. 

In support of its petition, Lockheed Martin states that small UA 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 

special airworthiness 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 VLOS of the operator and/or observer which includes the 

proximity to the launch and recovery area. Under VLOS, 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. 

The petitioner requests an exemption from § 61.113 for the operation of small UAVs. The 

petitioner notes that as part of supporting FAA special airworthiness certification in 
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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 of the 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 stipulates in its proprietary safety checklist that all UA pilots in command 

(PIC) hold, at a minimum, an FAA private pilot’s certificate in the airplane category with 

single-or multiengine class ratings. PICs will also have, at a minimum, a class-2 medical 

certificate. The petitioner notes that pilots and observers will complete a Lockheed Martin 

training program to support operating and testing of the UA. 

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

supports the ongoing development, testing, refinement, and safety of small UASs to support a 

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

agriculture, and other commercial operations, as well as, uses in search and rescue and other 

safety functions. 

The petitioner has provided the following information to support its request for an exemption, 

which includes proprietary supporting documents: 

 Safety checklist in accordance with FAA Order 8130.34C 

A summary of the petition was published in the Federal Register on August 14, 2015 

(80 FR 48953). No comments were received. 

The FAA’s analysis is as follows: 

The FAA finds that a grant of exemption is in the public interest. The FAA finds that UAS 

provide support for ongoing development, testing, refinement, and safety of small UAS to 

support a number of operations. These special airworthiness certification activities are 

conducted for research and development, crew training, and market survey operations, adding 

a greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft.

The FAA has issued grants of exemption in circumstances similar in all respects to those 

presented in the petition. 

In Grant of Exemption Nos. 11062 to Astraeus Aerial (see Docket FAA-2014-0352), 11177 to 

BOSH Precision Agriculture (dba Digital Harvest) (see Docket FAA-2014-0858), and 11185 

to Commonwealth Edison Company (see Docket No. FAA-2014-0855), the FAA found that 

granting the requested relief from § 61.113(a), provided adherence to the conditions and 

limitations outlined in the exemption, would not adversely affect the safety of the NAS; that 
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relief from § 91.119(c) was warranted; and that good cause existed for granting relief from 

§§ 91.121 and §91.151(a) and (b).1 The FAA finds that an exemption is warranted in this 

case because the pilots used in Lockheed Martin’s operations will have similar experience and 

knowledge to pilots operating UAS under the exemptions listed above. 

The petitioner proposed that it would plan for its flights to have 10 minutes of reserve power 

after reaching the first point of intended landing. The petitioner indicated that its flights will 

be operated in areas with suitable landing areas readily available within a distance of 5 

minutes or less. The FAA finds that because of the proximity of suitable landing areas and 

that flights will be conducted in visual line of sight; that 10 minutes of reserve power will 

sufficiently reduce the risk of the aircraft not reaching the intended point of landing due to 

unforeseen events, or reaching another landing area if the intended landing area becomes 

unsuitable during the flight. 

The petitioner also requested an exemption to § 61.113(b) which provides an exception to the 

prohibition on private pilot certificate holders from acting as PIC of an aircraft for 

compensation or hire found in § 61.113(a). However, because relief is granted to the 

underlying prohibition of § 61.113(a), an exemption to paragraph (b) is unnecessary and is 

therefore not granted. 

The petitioner seeks to operate its small UAS up to 1,000 feet AGL under a special 

airworthiness certificate in either the special flight permit or experimental categories. The 

higher altitude is necessary for Lockheed Martin to test certain sensors under the Research 

and Development or production flight aspects of their special airworthiness certificate. The 

petitioner states that its small UAVs are typically designed to support relative altitude 

measurement and reporting to the ground operator based on the launch site local altitude and 

are to be operated relatively close to this location and within the visual line of sight of the 

operator. 

In reviewing this request, the FAA has considered the petitioner’s aircraft are flown under a 

Certificate of Waiver or Authorization (COA), issued by the FAA’s Air Traffic Organization. 

The COA is issued after a thorough analysis of the requested airspace, and the hazards 

associated with operating at altitudes up to a maximum of 1,000 feet AGL. This COA requires 

the PIC to ensure the visual observer (VO) is able to continually see the aircraft and 

surrounding airspace throughout the entire flight, and be able to provide the PIC with the 

UA’s flight path, and proximity to all aviation activities and other hazards (e.g. terrain, 

weather, structures) sufficient to exercise effective control of the UA. Furthermore, the PIC is 

required to comply with the right-of-way rules and give way to any other category of aircraft. 

Therefore, the FAA has determined that good cause exists for granting the requested relief to 

Lockheed Martin to fly its small UAS in visual meteorological conditions at altitudes up to 

1,000 feet AGL, as authorized under the COA.

 

1

 Note that some conditions and limitations found in the underlying exemptions are included in the operating 

limitations issued to Lockheed Martin Corporation as part of its special airworthiness certificate. 
6

The petitioner requested that the FAA grant an exemption without a defined expiration date 

because this is an ongoing business activity and it anticipates the conditions requiring these 

exemptions will remain unchanged. However, the FAA is granting this exemption for a 

period of two years consistent with the agency’s exemption practice. Lockheed may petition 

to extend the exemption at a later date if it needs to continue operating under its terms past the 

two year expiration date. 

The FAA’s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, 

delegated to me by the Administrator, Lockheed Martin Corporation is granted an exemption 

from §§ 61.113(a); 91.119(c); 91.121; and 91.151(a) and (b) to the extent necessary to operate 

its UAS up to 1,000 feet AGL, subject to the conditions and limitations listed below. 

Conditions and Limitations 

In this grant of exemption, Lockheed Martin Corporation is hereafter referred to as the 

operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations must be conducted in accordance with the operating limitations stipulated 

as part of the special airworthiness certificate issued under the experimental category 

or special flight permit for each UAS. 

2. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

operator may use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds 

greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer. 

3. The PIC must possess at least a private pilot certificate and a current third-class 

airman medical certificate. The PIC must also meet the flight review requirements 

specified in § 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate. 

4. All operations must utilize a VO. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC 

must be able to communicate verbally at all times. Electronic messaging or texting is 

not permitted during flight operations. The PIC must be designated before the flight 

and cannot transfer his or her designation for the duration of the flight. The PIC must 

ensure that the VO can perform the functions prescribed in the operating documents. 
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5. The UA must be operated at an altitude of no more than 1,000 feet AGL, as indicated 

by the procedures specified in the operating documents. All altitudes must be reported 

in feet AGL. 

6. The PIC is prohibited from beginning a UAS flight unless (considering wind and 

forecast weather conditions and assuming normal cruising speed) there is enough 

power to fly to the intended landing point and land the UA with 10 minutes of battery 

power remaining. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

This exemption terminates on March 31, 2018, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on March 17, 2016. 

/s/ 

John Barbagallo 

Deputy Director, Flight Standards Service