15455 Dallas Pkwy, Suite 1075, Addison, TX 75001
August 13, 201 5
U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590
Re: 

### Martin UAV Exemption Request Under Section 333 of the FAA Modernization and Reform Act of 2012 Dear FAA : Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Martin UAV (" MUAV " ), hereb y submits the following Petition for Exemption
. This Petition for Exemption is made based on information outlined in this document , as wel l as the following accompan yi ng documents:

 Martin UAV Standard Operating Procedures Manual ("MUAV SOP Manual")

 Bat 4 CC Manual

 Super Bat CC Manual

 V
- Bat Manual The documents are referred to collectivel y as "Manufacturer's Manuals" in this Petition for Exemption. Martin UAV submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain commercial information that is confidential and proprietary

to MUAV
. Additionally , these documents contain operati ng conditions and procedures that are not generall y available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.U.S. Department of Transportation

August 13, 2015 Page 2

This Petition for Exemption is divided into two parts. Part Idescribes the conditions and limitations for the proposed small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") operations that Martin UAV will adhere to under the grant of exemption , and which are contained in the MUAV SOP Manual and Manufacturer's Manuals
. Part II of this Petition for Exemption identifies operations
. Part III is the conclusion. **P ART**  **I :**  **C ONDITIONS AND**  **L IMITATIONS** 
The MUAV SOP Manual and the Manufacturer's Manual s 1 for the selected UAS will contain all the procedures and limitations n ecessary to safel y and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of MUAV 's proposed operations, below is a summary of operational conditions and limitations that MUAV will adhere , and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: 1. The BAT 4 weighs less than 125 pounds, fully loaded. 2. The Super
- Bat weighs less than 50 pounds, fully loaded. 3. The V
- Bat weighs less than 80lbs, fully loaded
. 4. The aircraft may

not be flown at an airspeed speed exceeding 100 knots. 5. The UA must be operated within visual line of sight (VLOS) of the Pilot

- in

Command ("PI C") at all times. This requires the PIC to be able t o use human vision unaided by

an y device other than corrective lenses, as specified on the PI C’s FAA
- issued medical certificate. 6. All operations must utilize a visual observer ( " VO " ). The VO may be used to satisfy the VLOS requirement as long as the PI C a lway s maintains VLOS capability
. The VO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The

1 The term "Manufacturer's Manual" includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals , user guides, component maintenance manuals, pilot training manuals, service information letters and, safety/ service bulletins.U.S. Department of Transportation

August 13, 2015 Page 3

PI C will be designated prior to each flight and cannot transfer his or her

d esignation for the duration of the flight. The PI C will ensure that the VO can perform the functions prescribed in the operating documents. 7. The VO will not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and o ther ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 8. The MUAV SOP Manual and its Grant of Exemption will be available to the PIC at the Ground Control Station ( " GCS " ) anytime the UAS is operating. Thes e documents will be made available to the Administrator or an y l aw enforcement official upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the MUAV SOP Manual , the conditions and l imitations herein take precedence and will be followed. Otherwise, will follow the procedures in the SOP Manual. 9. MUAV may

update or revise its SOP Manual . Revisions will be tracked and a revised cop y of the MUAV SOP Manual will be provided to the Administrator upon request. MUAV will also present an updated and revised SOP Manual if it petitions for extension or amendment to its grant of exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, MUAV will seek an amendment to its grant of exemption. MUAV will contact the FAA’s UAS Integration Office (AFS

- 80) if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The GCS will be included in the preflight inspection. All maintenance and alterations will be properl y documented in the UAS records. 11. Any

UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry

in the UAS records.U.S. Department of Transportation

August 13, 2015 Page 4

12. The pre

- flight inspection will account for all discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. MUAV will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul; replacement, inspection, and life limit requirements. 14. MUAV will carry out its maintenance, inspections, and record keeping requirements, in accordance with the SOP Manual
. Maintenance, inspection, and alterations will be noted in the UAS records, including total time in service, description of work accomplished, and the signat ure of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption will comply with all required manufacturer Safet y

/Service Bulletins. 16. An authorized person designated in the MUAV SOP Manual will make an entry in the UAS re cord of the corrective action taken against discrepancies discovered between inspections. 17. PI Cs shall possess at least a Private Pilot's Certificate 2 and current Class III Medical Certificate. The PI C will also meet the flight review requirements specifie d in 14 C.F.R 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate. 18. MUAV will not permit any PIC to operate the UAS unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours and currency wil l be logged in a manner con sistent with

2 The FAA has stated that it does not possess the authority under Section 333 of the Reform Act to exempt petitioners from th e statutory requirement to hold an airman certificate, as prescribed in 49 USC § 44711. See Docket No. FAA

- 2014
- 0481 at 13. Should the FAA's interpretation of its authority under Section 333 of the Reform Act change in this regard, MUAV will file a suppl emental petition for exemption from the airman certification requirements of Part 61.U.S. Department of Transportation

August 13, 2015 Page 5
14 CFR § 61.51(b). A record of training will be documented and made available

upon request b y the Administrator. Flights f or the purposes of training PI Cs and VOs (training, proficiency, and experience

- building), are permitted under the terms of this exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency , and experience

building flights, all persons not essential for flight operations are cons idered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute m iles from the PI C. 21. If the UAS loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with MUAV 's SOP Manual
. 22. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 23. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landi ng point and land with 2 5 % battery power remaining , or 45 minutes of flight, whichever occurs first
. 24. Maximum flight time for operations will be limited to 10 hours
. 25. MUAV will obtain an Air Traffic Organization (ATO) issued Certificate of Authorization (COA) prior to conducting an y operations under this grant of exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspa ce, altitude level and potential transponder requirements. 26. The UA will not be ope rated from an elevated platform or moving device/vehicle.U.S. Department of Transportation

August 13, 2015 Page 6

27. All aircraft operated in accordance with this exemption will be identified by serial

number, registered in accordan ce with 14 CFR part 47, and have identification (N

-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 28. Before conducting operations, the radio frequency spectrum used for operation and control of the U A will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 29. Prior to the operation, there will be a Mission Plan created in accordance with the requirements of the SOP Manual. 30. The UA sha ll remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 31. The UA may

not be operated over c ongested or densely populated areas. 32. Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operation s must cease immediately

and/or ; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles, or structures has granted permission and the PI C has made a safet y assessment of the risk of o perating closer to those objects and determined that it does not present an undue hazard, and;
c. Operations nearer to the PI C, VO, Sensor Operator, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).U.S. Department of Transportation

August 13, 2015 Page 7

33. All operations shall be conducted over private or controlled

- access propert y with

permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

**P ART**  **II :**  **P ROPOSED**  **O PERATIONS** 

**1. Extent of relief we seek and the reason we seek the relief**  Petitioner intends to use small UASs for the following purposes:

 **Research and Development** : Petitioner intends to use UAS for research and deve lopment of the Martin UAV product line.

 **Training and Test Flights** : Petitioner also intends to use the exemptions for training and for pre

- delivery

flight tests of production aircraft. **Part 21 Subpart H .**  The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. 3 If, ho wever, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

3 See Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014
- 0352 at 13
- 14, 22.U.S. Department of Transportation

August 13, 2015 Page 8
**Display of marks; general.** 14 C.F.R. § 45.23(b)

– As the proposed UAS does not have an entran ce to the cockpit or cabin MUAV will identify the aircraft as restricted ty pe b y the word “RESTRI CTED” displayed in 2 inch lettering on the side of the fuselage. Petitioner also request s exemption from the related aircraft marking requirements of 14 C.F. R. § 91.9(c) , which provides that: No person may

operate a U.S.
- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter. Petitioner also request s exemption from the related rotorcraft marking requirements of 14 C.F.R. §45.27(a), which states: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required b y § 45.23. In a previous Grant of Exemption, the FAA determined th at exemption from these requirements was warranted provided that the aircraft "have identification (N

-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 4 MUAV will ensure an equivalent level of s afet y by ensuring that all UA flown bear N
- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 5 **14 C.F.R. § 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command.** The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial 6 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition a l cost and restrictions attendant with requiring a the PI C to have a Commercial Pilot Certificate and Class II Medical Certificate. The

4 FAA Docket No. FAA

- 2014
- 0352. 5 See, e.g., FAA Docket No. FAA

- 2014
- 0352 , at 14. 6 FAA Docket No. FAA

- 2014
- 0352.U.S. Department of Transportation

August 13, 2015 Page 9
fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safet y benefits when UAS operations are involved. The restrictions MUAV has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. MUAV pilots will maintain at least a Private Pilot Certi ficate and Class III Medical Certificate. MUAV will operate away from persons and propert y not essential to the operation, and flights will occur outside controlled airspace. Moreover, a NOTAM will also be issued as required in the applicable COA. **14 C.F.R. § 91.7(a) Civil aircraft airworthiness.**  Regarding the relief from 14 C.F.R. § 91.7(a), while Petitioner's UASs will not be issued an airworthiness certificate in accordance with 14 CFR part 21, S ubpart H, compliance with the MUAV SOP Manual wil l provide sufficient means for determining an airworthy c ondition. As required b y the MUAV SOP Manual, the PI C will perform a pre

- flight inspection prior to every flight to ensure it is in an airworth y condition. Petitioner will also complete daily inspe ctions of the aircraft in accordance with the Manufacturer's Manuals and the SOP Manual
. These inspection requirements will ensure an equivalent level of safety to that provided by C.F.R. § 91.7(a), and an exemption is therefore warranted. 7 **14 C.F.R. § 91.103: Preflight Action**  MUAV PI C s will be familiar with all information necessary to safel y conduct the flight. Nevertheless, an exemption is requested to the extent that an FAA

- approved Flight Manual is required , which the UAS will not have. MUAV wi ll ensure an equivalent level of safety by following the MUAV SOP Manual and the Manufacturer's Manuals. The PIC will perform a series of checklists designed to identify any defects or inoperable comp onents in accordance with the MUAV SOP Manual, includin g checklists covering pre

- flight and post

- flight inspection procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

—

before initiatio n of flight. MUAV 's SOP Manual and the Manufacturer's Manual (and an y other relevant manufacturer publications) will be kept at the GCS and will be accessible to the PIC at all times while operating the UAS.

7 See e.g ., Docket No. FAA

- 2014
- 0 481 at 16
- 17.U.S. Department of Transportation

August 13, 2015 Page 10
**14 C.F.R. § 91.109(a) Flight instruction; Simu lated instrument flight and certain flight**  **tests.** In addition to the extensive training and experience requirements of Petitioner's flight instructors, given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe trainin g can still be performed without dual controls because no pilot or passengers are aboard the UAS. Moreover, as required b y Petitioner's SOP Manual, all flight instruction will occur during dedicated training sessions, in a controlled and sterile environme nt where all persons not essential to the flight training will be a safe distance away in the event that the UAS experiences an y difficulties during flight instruction. As a whole, the limited size and speed of the UAS, the lack of an y passengers, the tra ining and experience requirements for Petitioner's flight instructors, and requirements that flight training operations be conducted in a controlled and sterile environment, ensure an equivalent or higher level of safety than that provided by the flight in struction regulations. **14 C.F.R. § 91.119 Minimum safe altitudes: General.** Petitioner only

seeks exemption from the minimum safe altitude requirem ents of 14 C.F.R. § 91.119(c). Relief from § 91.119(a) will not be necessary because Petitioner will be ab le to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be neces sary . 8 Compared to flight operations with aircraft weighing far more than the m aximum weights proposed herein , an y risk associated with these operations is far less than those that presentl y exist with full

- size conventional aircraft. An equivalent leve l of safet y will be achieved given the size, weight, and speed of the UASs, as well the controlled and sterile location where the operations will occur. Inorder to avoid an y risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below , and will at all times be operated within VLOS of one or more crewmembers on the ground. As set forth in the SOP Manual, the UAS will be operated in a controlled area, at least 500 feet away from nonparticipating persons unless barriers or structur es are present that sufficiently protect nonparticipating persons from debris in the event of an accident. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the land owner/controller has granted permission and th e PI C has made a safet y assessment of the risk of operating closer to those objects and , operations near the PIC or VO

8 See e.g ., Grant of Exemption to Slugwear, Inc., dba L ikeonatree Aerial, Docket FAA

- 2014
- 0534 at 15.U.S. Department of Transportation

August 13, 2015 Page 11

will not present an undue hazard per § 91.119(a). As a whole, these requirements ensure a level of safet y better than or equal to the ru les from which exemption is sought
. **14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft: Certifications required.** The exemption requests operation without an airworthiness certificate and therefore the certificate could not be displayed in accordance with 14 C.F.R. § 91.203(a)(1) and (2)
. Petitioner also seeks exemption from the requirements of 14 C.F.R. § 91.203(b). The FAA has stated that no exemption is needed from the airworthiness certificate requirements of 14 C.F.R. § 91.203(a)(1) if a finding is ma de under the Reform Act that the UAS selected provides an equ i v a lent level of safety when compared to aircraft normall y used for the same applicat i on. These criteria are met, and therefore no exemption is needed. 9 If, however, the FAA determines that the r e are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested. The UASs that Petitioner intends to use are safe when taking into account their size, weight, speed, and operational capability
. The maximum take

- off weight of all aircraft in development b y MUAV is 125 pounds, and will be flown at 100 knots or less completely outside controlled airspace 10

. Additionally , the UASs carry neither pilots nor passengers, and will operate exclusively

wi thin the parameters stated in Petitioner's SOP Manual. The aircraft carry a maximum of 11 pounds of fuel. The proposed operations conducted under this exemption will be closel y controlled and monitored and will be conducted in compliance with local public safet y requirements, to provide security for the area of operation. In all cases, the UAS operated under the proposed conditions, will be at least as safe as, or safer than conventional fixed

- wing aircraft operating with an airworthiness certificate. Further, the UAS does not need a means to communicate with other aircraft or ATC, because those capabilities will be possessed by the PI C and VO , who are not onboard the UAS. In addition, no sense

- and

- avoid technology is necessary

for the UAS because it wil l be operated at all times in VFR conditions and within VL OS of the PI C and Operator. 11

9 See e.g., Docket No. FAA

- 2014
- 0352 at 13
- 14, 22. 10 Or as otherwise pres cribed in an ATO issued COA. 11 See Docket FAA

- 2014
- 0352 at 13.U.S. Department of Transportation

August 13, 2015 Page 12
In addition to the above referenced amendments to this section, Petitioner also seeks exemption from the related civil aircraft flight manual, marking, and placard r equireme nts of 14 C.F.R. § 91.9(b)(2). In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared b y Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilo t of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the GCS from which he or she is operating the aircraft. 12 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the r ule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved b y ensuring that the pilot has access to the documents at the GCS from which he or she is piloting the UAS. **14 C .F.R. § 91.405(a) Maintenance required.**  **14 C.F.R. § 91.407(a)(1) Operation after maintenance. 14 C.F.R**  **. § 91.409(a)(2 )**  **Inspections. 14 C.F.R**  **. § 91.417(a) Maintenance records.** 

MUAV seeks exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed because Part 43 and these sections only appl y to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have. Petitioner will ensure an equivalent level of safety by requiring that all UAS maintenance and inspections be performed in accordance with the Manufacturer's Manuals and an y required manufacturer Safet y or Service Bulletins. Further, as required b y Petitioner's SOP Manual , the PI C will conduct a pre

- flight and post

- flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially

affecting safe operation of the UAS and no flights will occur unless, and until all flight critic al components of the UAS have been found to be airworth y and in a condition safe for operation. A functional test flight will be conducted
12 Memorandum from Mark Bury , FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA
- 2014
- 0352 at 16
- 18.U.S. Department of Transportation

August 13, 2015 Page 13
following the replacement of any flight

- critical components. The PI C who conducts a functional test flight will mak e an entry in the UAS aircraft records of the flight. The MUAV SOP Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following appli cable components: powertrain sy stem (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera s ys tem, electrical sy stems (including batteries), GCS , hazard accessories, and spare parts. Further, Pe titioner's SOP Manual also includes procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the UASs used under this grant of exemption. As a whole, adherence to the maintenance, inspection, and recordkeepi ng procedures required by the MUAV SOP Manual is sufficient to ensure that safety is not adversel y affected. **14 C.F.R . § 91.409**  **(a)(1) (2)**  **Inspections.** Petitioner als o seeks exemption from § 91.409(a)(1) (2) 13

. Petitioner will ensure an equivalent level of safety for the same reasons discussed supra , under the requested exemptions from of 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). **14 C.F.R. § 91.121: Altimeter Settings**  Petitioner also seek an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure ai rport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 14

13 See Grant of Exemption to Clayco, Inc., Docket No. FAA

- 2014
- 0507 at 11. 14 See Docket No. FAA

- 2014
- 0352 at 21.U.S. Department of Transportation

August 13, 2015 Page 14

The UASs that Petitioner intends to use for performing the proposed UAS operations will meet all these operational characteristics. Like the Grant of Exemption to Astraeus Aerial, the UASs Petitioner intends to use, and the safety mitigation procedures contained in the MUAV SOP Manual , both ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements o f § 191.121 is therefore appropriate. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** Petitioner also seek s an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. While the gas powered will be ca pable of complyingwith the fuel requirements fo r flight in VFR conditions, the eV Bat i s powered b y battery that provides approximately

45 minutes of flight under normal operating conditions. The limited battery capacity means that no meaningful flight o perations can be conducted with the Hawkeye MK
- III while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. The FAA has stated that an equivalent level of safety can be achieved by

requiring that each UAS operation be completed within 3 0 minutes flight time or with 25 % battery power remaining, whichever occurs first. 15 **2. How our request would benefit the public as a whole**  In addition to helping the Administrator ass ess whether certain UAS may operate safel y in the NAS before completion of the rulemaking required under Section 332 of the Reform Act , the proposed UAS operations in this Amended Petition for Exemption benefit the public as a whole by : ( 1) significantly i mproving safety

and reducing risk by

alleviating human exposure to danger associated with manned aircraft performing research and development test flights
. **3. Reasons why the exemption would not adversely affect safety, or how the exemption**  **would provide a level of safety at least equal to the existing rule**  The requirements contained in the MUAV SOP Manual, as outlined and discussed in this Amended Petition for Exemption, are sufficient to ensure that safety is not adversel y affected b y granting the requ ested exemptions. As manufacturers of the Martin UAV product line our team has the highest level of knowledge in the s ys tems and how they work. Martin UAV’s safet y

15 See Grant of Exemption to Clayco, Inc., Docket No. FAA

- 2014
- 0507 at 15.U.S. Department of Transportation

August 13, 2015 Page 15
focused approach and experienced engineers and operators ensure that operations are conduc ted in the safest possible manner. **4. Summary to publish in the Federal Register**  Petitioner amends the summary provided for publication in the F EDERAL REGISTER as follows: Petitioner seeks an exemption from the following rules in Title 14 of the Code o f Federal Regulations: Part 21, Subpart H; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103 (b)(2) ; 91.109(a); 91.119 (c) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). The exemp tion will enhance safety b y reducing risk to the general public and property owners from the substantial hazards associated with providing equivalent research and development test flights
. **P ART**  **III: C**  **ONCLUSION**

MUAV's Petition for Exemption satisf ies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VL OS and national security. The proposed UAS operations will benefit the pub lic as a whole by improving safety

and reducing risk by

alleviating human exposure to danger. In consideration of the foregoing, this Amended Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptio ns allowing MUAV to operate UASs as a manufacturer in test activity driven by research and development
. We thank you for your prompt conside ration of these amendments to MUAV 's Petition for Exemption
. Should you have an y questions, or if you need an y ad ditional information to support the requested exemptions, please do not hesitate to contact the undersigned.U.S. Department of Transportation

August 13, 2015 Page 16

**M ARTIN**  **UAV**
/s/ Philip Jones Philip Jones COO Martin UAVU.S. Department of Transportation

August 13, 2015 Page 17
(The following attach ed items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).
**Attachment A** : Martin UAV Standard Operating Procedures Manual **Attachment B** : Bat Manual **Attachment C** : Super Bat Manual **Attachment D** : V Bat Manual