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 , with all UAV operations being below 1,000 feet above ground level . Current ly, 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 9 1.203(a) & (b) for the Vertical Capability Airborne Platform. In December 2014, Lockheed Martin request ed 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 worki ng 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 i n 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 request ing 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 alti tude 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, e xcept 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 th e 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 regulati on of 91.119(c) as it relates to small UAV operation as all operations conducted are below 1,000 feet AGL

.

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 . Lockheed Martin smal l UAVs will limit all operations to less than 1,000 feet above ground level . As the operating range of small
UA Vs 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 no t support a 30 minute landing reserve. As operations a re relatively close to launch and recovery areas and less than 1,000 feet above ground level , 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 th ese exemption s is i n 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 comm ercial 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 consis tent 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 en durance 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 op erating areas associated with the experimental certificate limitations, with the operating areas being over sparsely populated
areas with minimal exposure to ground personnel or property

. The ir flights are required to be
conducted within visual line of si ght of the operator /observer which include s the proximity to the launch and recovery area. Under visual line of sight, the UAV is operated within areas that support launch andrecovery , with suitable landing areas always being readily available within a d istance 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 , along with the lower
overall altitude associated with flight operations below 1,000 feet above ground level

. Lockheed Martin believes that an operat ing 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 g ranted by the FAA
associated with Section 333 submission s

. 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

.