U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

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." 
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; 
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 on the 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 any of 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 are as follows: 
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 unnecessary 
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 carry no 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 area of 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 on that 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 on that 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 a U.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 may be placed. Additionally, sUAS operated under this exemption will typically 
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. §91.109: 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 use of 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 areas to 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. 

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 as the location where it is operated. No flight will be 

taken without the required permission of the property owner or local officials. Due to the 

advance notice to the property owner and participants in the aerial activity, all affected 

individuals will be aware of 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 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 or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that 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 or to display them on the 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 a small 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. 
order to do so, it seeks an exemption from the following rules: 

14 C.P.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.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) and 91.417 (a) & (b) 

Approval of exemptions allowing commercial operations of sUAS will enhance safety relative to 

conventional manned aircraft operations, since sUAS do not carry passengers or crew that would 

be otherwise exposed to risk. In addition, these small and lightweight aircraft are carried to/from 

the area of activity and operate within sterile environments, thereby posing less risk to people 

and infrastructure on the ground. 

The grant of this exemption request will provide improved safety in sUAS operations. The 

satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 -size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security - provides more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of sUAS for internal research and 

development purposes. 

Sincerely, 

Doug Davis Director, Office of Independent Airworthiness 

Northrop Grumman Aerospace Systems 

Supplemental Information 

Any relevant sUAS operations and maintenance documentation will be submitted separately and 

confidentially under 14 C.P.R. 11.35(b), as they may contain company proprietary information. 

These documents contain operating conditions and procedures that are not available to the public 

and are protected from release under the Freedom of Information Act, 5 U.S.C. §§ 552, et seq.