NDRTHRDP GRUMMAN U

.S. Department

of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor, Room W12-140 Washington, DC 20590

Northrop Grumman Corporation Unmanned Systems 16550 West Bemardo Drive San Diego, CA 92127 31 August 2015 Re: Exemption Request, Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant

to Section 333 of the FAA Modernization
and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Northrop Grumman Aerospace Systems seeks exemption from certain provisions
of the Federal Aviation Regulations (FARs) to allow commercial operation
of small unmanned aircraft systems (sUAS). Northrop Grumman

is a recognized leader in unmanned systems and offers

a wide-ranging technology portfolio. However,

as a commercial entity, unmanned flight activities are currently limited
to operations outside the National Airspace System (NAS) or under specially arranged conditions

. Northrop Grumman would benefit from increased ability to conduct commercial sUAS flight operations for various research and development purposes, which otherwise would require manned aircraft. These purposes include demonstrations, sensor and payload testing, and mission concept simulation. Previous dockets FAA-2015-2564, FAA-2014-1030, FAA-2015- 2953, and FAA-2015-2946

all involve similar use cases. The requested exemption would permit the operation
of small unmanned aircraft systems under controlled conditions

in airspace that

is limited and predetermined. Operations under the exemption will be subject
to operating requirements that ensure at least an equivalent level of safety to currently authorized manned aircraft operations

.These conditions may be modified by the FAA as required by Section 333

. Approval
of this exemption would thereby maintain safety and fulfill the Secretary
of Transportation's responsibilities under Section 333(c) of the Reform Act to "establish requirements
for the safe operation
of such aircraft systems
in the national airspace system."The applicant intends to operate an assortment
of commercially available sUAS, namely the 3DR Y6, 3DR Aero, DJI S900, DJI S 1000, Aquacopter Bullfrog, and UA V Solutions Trident TL. All aircraft will be operated under controlled conditions

at low altitude
in remote, uncongested airspace,
as described more fully herein

. Precedent The FAA has issued grants of exemption

in circumstances materially similar to those presented in this petition

.For example,

in Grants of Exemption Nos. 11062 to Astraeus Aerial (Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (Docket No. FAA-2014-0507), 11112 to VDOS Global, LLC (Docket No. FAA-2014-0382),

and 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642),

the FAA found that the enhanced safety achieved using an unmanned aircraft, rather than

a manned aircraft of significantly greater proportions, carrying crew in addition
to flammable fuel, gave the FAA good cause to find that sUAS operation enabled by this exemption was in the public interest. Northrop Grumman believes that such precedent

is directly applicable

to this exemption request. The 3DR and DJI aircraft
to be operated have already been granted exemptions

.The Aquacopter Bullfrog and UAV Solutions Trident have not yet been the subject of exemption petitions, but obey all necessary size, weight, and speed guidelines established herein. Both utilize the 3DR Pixhawk flight controller,

a safe and mature system featured

in a variety of aircraft which have already been granted exemptions. Petition Details The name and address of the applicant are

: Northrop Grumman Aerospace Systems Attn: Doug Davis Phone:(703)280-4412 Email: Doug

. Davis@ngc.com Address

: 2980 Fairview Park Drive Falls Church, VA 22042 The primary contact for this application

is: Doug Davis, Doug.Davis@ngc.com,
(703) 280-4412 The regulations from which the exemption

is requested are as follows: 14 CFR Part 21; 14 CFR 45

. 23(b); 14 CFR 61.113(a)

& (b); 14 CFR 61

. 133(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2)

& (c); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119;14 CFR 91.151(a); 14 CFR 91.203(a)

& (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(l); 14 CFR 91.409(a)(2); 14 CFR 91.417(a) Interpretation

of Legal Standards The applicant believes that this exemption application will advance the congressional mandate

in Section 333 of the Reform Act to accelerate the introduction

of sUAS into the national airspace system. Under this mandate, the Secretary
of Transportation

is directed
to consider whether certain unmanned aircraft systems may operate safely in light of the following criteria: • The sUAS size, weight, speed

,and operational capability; • Operation
of the sUAS in close proximity

to airports and populated areas; and • Operation
of the sUAS within visual line of sight of the operator. As per
§ 333(a)(l)
of the Reform Act, if the Secretary 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." ld. §333(c) (emphasis added)

.2 The applicant interprets this provision

as placing the duty onthe Secretary

to not only process applications
for exemptions under Section 333, but for the Secretary

to craft conditions for the safe operation
of the sUAS should

it be determined that

the conditions outlined herein do not fulfill the statutory requirements
for approval. Additionally,
the Federal Aviation Act expressly grants the FAA the authority

to issue exemptions

.As shown below, this authority includes exemptions from the requirement that all civil aircraft must have

a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft
in commercial service

: The Administrator may grant an exemption from

a requirement

of a regulation prescribed under subsection
(a) or (b) of this section or anyof sections 44702-44716

of this title if the Administrator finds the exemption

is in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a);
49 USC §44704;
14 CFR §91.203(a)(1). Equivalent Level of Safety The applicant proposes that the requested exemption apply to aircraft that operate under an established
set of limitations listed herein

.These limitations will provide

a level of safety that is equivalent

or higher than manned operations within the current regulatory structure

.The limitations and conditions

to which the applicant agrees
to be bound while conducting commercial sUAS operations under the exemption areas follows

:Aircraft Requirements: • The unmanned aircraft wiJI weigh less than 55 lbs. • The speed of the aircraft wiJI never exceed 87 knots. • If the sUAS loses communications

or positioning information,

it will have failsafe capability that maintains stable flight. • The sUAS will have the capability

to abort

a flight in case of unpredicted obstacles
or emergencies. The operator may assume full manual control
at any time. Operator Requirements: • Minimum crew for each operation will consist of the sUAS pilot and
a visual observer. • The sUAS pilot will be an FAA licensed airman holding
at least

a sport pilot's certificate

. • The pilot will hold

a valid state-issued driver's license and/or airman medical certificate. • The sUAS pilot will be designated

as the Pilot in Command (PIC)

. • The pilot and observer will have been trained
in operation
of sUAS generally and received up-to-date information
on the particular sUAS to be operated

. • The pilot and observer will maintain the ability to communicate

at all times. Operation Requirements: • All operations will occur in Class G airspace outside of congested
or populated areas. • Operations will occur during daylight hours. • Flights will be operated within line of sight of the pilot and visual observer. • Flights will be terminated with an appropriate reserve of fuel or battery power

. • Flights will be operated
at an altitude of no more than 400 feet AGL. • Operations will take place at least
5 nautical miles from airports unless special arrangements
are made with the airport operator

. • The sUAS will only operate within

a confined "Sterile Area" of flight operations. • The operator will obtain the consent of all persons involved and ensure that only consenting persons will be allowed within

a safe distance of the flight operation

. • All required permissions and permits will be obtained from applicable territorial, state, county or city jurisdictions

or appropriate governmental agencies. Applicable Rules Subject to Exemption Northrop Grumman requests exemption from the following regulations

as well as any additional regulations that may technically apply to the operation
of small unmanned aircraft systems: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR

§ 91.203(a)(l) Section 91.203(a)(l) requires all civil aircraft to have

a certificate
of airworthiness

. Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements
for the issuance of airworthiness certificates

as required by FAR §91.203 (a) (1). Given the size of the aircraft and the limited area in which they will operate, an airworthiness certificate should be unnecessaryand an exemption from Part 21 Subpart
H meets the requirements

of an equivalent level of safety under Part II and Section 333 of the Reform Act. The Federal Aviation Act (49 U

.S.C.§44701 (t)) and Section 333 of the Reform Act 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 areasof the particular sUAS. In this case,an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate,

in the restricted environment and under the conditions proposed will be at least as safe, or safer, than
a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. All sUAS operated by the applicant under the requested exemption will weigh less than 55 lbs. fully loaded, will carry neither

a pilot nor passenger, will carryno explosive materials, and will operate
in limited areas. Operations under this exemption will be tightly controlled and monitored
by the operator under the requirements
set forth above and in compliance with local public safety requirements

to provide security for the areaof operation. These safety enhancements provide

a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Further, application
of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials, and inability
to carry

a substantial external load. 14 C.F.R.

§ 45.23 & 91.9(c): Marking of the Aircraft Regulation 45.23 provides: (a) Each operator of an aircraft must display onthat aircraft 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 only 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 operator must also display onthat aircraft near each entrance

to the cabin, 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) provides: No person may operate

aU

.S .registered civil aircraft unless that aircraft
is identified

in accordance with part 45 of this chapter. Unmanned aircraft systems do not have an entrance
to the cabin, cockpit,
or pilot station on which markings maybe placed. Additionally, sUAS operated under this exemption will typicallybe too small to accommodate two-inch lettering

.An equivalent level of safety will be provided by having the sUAS marked on its fuselage
as required by §45

.29 (f) where the pilot, observer and others working with the sUAS will see the identification

of the UAS as "Experimental."

If the aircraft

is registered, the Roman capital letter ''N" and the registration number will be marked on the aircraft on a visible location
as large as is practical.

If not registered, infonnation will be displayed on or attached
to the sUAS indicating contact infonnation
for the operator. 14 C.F.R.

§ 61.113 (a) & (b) ;4 C.F.R.

§ Private Pilot Privileges and Limitations: Pilot in Command; Commercial Pilot Privileges and Limitations Sections 61.113 (a) & (b) limit private pilots to non-commercial operations and section 61.133(a) requires an individual with

a commercial pilot's license
to be pilot in command
of an aircraft for compensation

or hire. Unlike

a conventional aircraft that carries

a pilot, passengers, and cargo, the sUAS operated by Northrop Grumman will be remotely controlled with no passengers

or property of others on board. Additionally,

the areas of operation will be controlled and restricted, and all flights will be planned and coordinated

in advance. Accordingly,
the risks associated with the operation
of the sUAS are lower than level of risk associated with commercial operations contemplated when part 61 was drafted. As a result, providing
an exemption which allows sUAS operators

to hold

a minimum
of a sport pilot rating meets or exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. §91.7(a): Civil aircraft airworthiness This regulation requires that no person may operate

a civil aircraft unless

it is in airworthy condition

.As there will be no airworthiness certificate issued for the aircraft should this exemption
be granted, no FAA regulatory standard will exist for determining airworthiness.
An equivalent level of safety will be provided through operator familiarization

, pre-flight inspections, and regular maintenance

of the aircraft. 14 C.F.R.

§ 91.9{b)(2): Civil Aircraft Flight Manual
in the Aircraft The regulation provides: 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. The size, configuration,
and unmanned nature of the sUAS to be operated does not allow for such

a flight manual
to be placed on the aircraft. The equivalent level of safety will be maintained
by keeping the flight manual
at the ground control point where the pilot flying the sUAS will have immediate access to it.14 C.F.R.

§ 91.103: Preflight action This regulation requires each pilot in command

to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The pilot in command will take all actions including reviewing weather, local Notices
to Airman (NOT AMs), flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction Section 91.103 provides 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. Remotely piloted aircraft such as sUAS do not have fully functional dual controls. Flight control is accomplished through the useof a ground station that communicates with the aircraft via radio communications

.The FAA has previously approved exemptions
for flight training without fully functional dual controls for
a number of aircraft and for flight instruction

in experimental aircraft. The equivalent level of safety
is provided by the fact that neither

a pilot nor passengers will be carried
in the aircraft and by the limited size and speed of the aircraft. 14 C.F.R. §91.119: 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 areasto an altitude of 500 feet above the surface, except over open water or sparsely populated areas.In those cases, the aircraft maynot be operated closer than 500 feet to any person, vessel, vehicle, or structure. The sUAS will never operate
at higher than 400 feet AGL.
It will, however, be operated
to avoid congested
or populated areas. The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well asthe location where

it is operated. No flight will be taken without the required permission

of the property owner orlocal officials. Due to the advance notice to the property owner and participants

in the aerial activity, all affected individuals will be awareof the planned flight operations.

In addition, the low-altitude operations of the sUAS will ensure separation between these sUAS operations and the operations
of conventional aircraft that must comply with Section 91.119. 14 C.F.R.

§ 91.151(a): Fuel Requirements
for Flight in VFR Conditions Section 91.151 (a) 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 endurance capability
of sUAS varies, but typically

is limited
to less than 60 minutes of powered flight. Without
an exemption from

§ 14 CFR 91.151, the sUAS's flights would belimited
to less than 30 minutes
in length. Given the limitations
onits proposed operations and the location of those proposed operations,

a longer time frame for flight in daylight VFR conditions is reasonable. An exemption from 14 CFR §91.15l(a) falls within the scope of prior exemptions granted by the FAA. For example, see exemption

I 0673, which allows Lockheed Martin Corporation

to operate without compliance with FAR 91.151 (a)). Operating the sUAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended
to alleviate given the size and speed of the sUAS. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration This 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 ora special flight authorization issued under §91.715

is displayed

at the cabin or cockpit entrance
sothat it is legible to passengers
or crew. Due to the small size and weight of sUAS, there is no ability or place to carry certification and registration documents
orto display them onthe sUAS. In addition, there is no pilot on board the aircraft. An equivalent level of safety will be achieved by keeping relevant documents

at the ground control point where the pilot flying the sUAS will have immediate access to them. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a)
& (b): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected

as prescribed

in subpart

E of this part and shall between required 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 inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator
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. As this section applies only to aircraft with an airworthiness certificate, sUAS exempt from airworthiness certification should by extension
be exempt from maintenance inspection requirements.
An equivalent level of safety will be achieved due to the fact that sUAS are limited in size, will carry

asmall payload, and operate only in restricted areas for limited periods of time. The operator will ensure that the sUAS
is in working order prior to initiating flight, perform required maintenance, and keep

a log of any maintenance performed. Moreover, the operator

is the person most familiar with the aircraft and best suited to maintain the aircraft
in an airworthy condition
to provide the equivalent level of safety.SummaryInaccordancewith14C.P.R.Part11,thefollowingsummaryisprovidedforpublicationintheFederalRegister,shoulditbedeterminedthatpublicationisneeded.NorthropGrummanAerospaceSystemswishestoconductcommercialsUASflightoperationsforvariousresearchanddevelopmentpurposessuchasinternalandcustomerdemonstrations,sensorandpayloadtesting,missionconceptsimulation,andairandsurfacedatacollection.Inordertodoso,itseeksanexemptionfromthefollowingrules:14C.P.R.§21,subpartH;14C.F.R45.23(b);14C.P.R.§§61.113(a)&(b);91.7(a);91.9(b)(2);91.103(b);91.109; 91.119;91.121;91.151(a);91.203(a)and(b);91.405(a);91.407(a)(1);91.409(a)(2);91.409(a)(2)and91.417(a)&(b)ApprovalofexemptionsallowingcommercialoperationsofsUASwillenhancesafetyrelativetoconventionalmannedaircraftoperations,sincesUASdonotcarrypassengersorcrewthatwouldbeotherwiseexposedtorisk.Inaddition,thesesmallandlightweightaircraftarecarriedto/fromtheareaofactivityandoperatewithinsterileenvironments,therebyposinglessrisktopeopleandinfrastructureontheground.ThegrantofthisexemptionrequestwillprovideimprovedsafetyinsUASoperations.ThesatisfactionofthecriteriaprovidedinSection333oftheReformActof2012-size,weight,speed,operatingcapabilities,proximitytoairportsandpopulatedareasandoperationwithinvisuallineofsightandnationalsecurity-providesmorethanadequatejustificationforthegrantoftherequestedexemptionsallowingcommercialoperationofsUASforinternalresearchanddevelopmentpurposes.Sincerely,DougDavisDirector,OfficeofIndependentAirworthinessNorthropGrummanAerospaceSystemsSupplementalInformationAnyrelevantsUASoperationsandmaintenancedocumentationwillbesubmittedseparatelyandconfidentiallyunder14C.P.R.11.35(b),astheymaycontaincompanyproprietaryinformation.ThesedocumentscontainoperatingconditionsandproceduresthatarenotavailabletothepublicandareprotectedfromreleaseundertheFreedomofInformationAct,5U.S.C.§§552,etseq.