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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA-2015-1795

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

LOCKHEED MARTIN MST

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI 

PHANTOM AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on 10 July 2015

Roger S. Mason 

Lockheed Martin MST 

103 Chesapeake Park Plaza 

Baltimore, MD 21220 

Phone: (410) 682-0330

roger.mason@lmco.com 
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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS ............................................................................................ 3

SUMMARY.................................................................................................................................... 4

INTRODUCTION AND INTERESTS OF THE PETITIONER.................................................... 5

BACKGROUND ............................................................................................................................ 6

BASIS FOR PETITION ................................................................................................................. 7

A. Name And Address Of The Petitioner...................................................................................... 8

B. The Specific Sections Of 14 C.F.R. From Which Lockheed Martin MST Seeks Exemption.. 9

C. The Extent Of Relief Lockheed Martin MST Seeks And The Reason Lockheed Martin MST

Seeks The Relief. .................................................................................................................... 13

D. The Reasons Why Granting Lockheed Martin MST Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.......................................... 16

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How 

The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The 

Rule From Which Lockheed Martin MST Seeks Exemption................................................. 18

CONCLUSION............................................................................................................................. 34
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

Lockheed Martin MST seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 (FMRA). This exemption will permit Lockheed Martin MST to operate 

an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and 

photography of Lockheed Martin products, such as helicopters, ships, and armored vehicles, 

product installations, test events, facilities and landscapes, and construction sites, over certain 

areas of the United States.
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INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Roger S. Mason. I am a manager of video services for Lockheed Martin MST. I 

lead a team of creative people who develop various video and photography projects for Lockheed Martin and its customers all over the United States. I have been in this position for 11 years 

and have seen multiple evolutions of camera technology change rapidly during this time. To remain commercially viable and relevant I like to stay current with many of those technologies. 

My customers within Lockheed Martin look to my group to provide efficient and cost effective

solutions as well as unique ideas for their products and campaigns. My interests include videography, photography, animation, mobile apps, electronics and new technologies that provide creative outputs.

The objective for my petition is to provide high quality video and images of Lockheed Martin products, including product installations, test events, facilities and landscapes, and construction sites, with a specific focus on:

• Aerial photography and videography of Lockheed Martin products and projects

• Recording of product test events

• Product marketing and video commercials 

• Site surveys and facility analysis
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom and DJI Inspire 1 UASs

Lockheed Martin MST seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom and DJI Inspire 1 are vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or 

smart phone systems. The DJI Phantom has a maximum gross weight of approximately 2 pounds 

11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 

pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a 

maximum speed of approximately 42 knots. The DJI Phantom and DJI Inspire 1 UAs are 

equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The 

DJI Phantom and DJI Inspire 1 UAs that will be operated by Lockheed Martin MST, will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, 

Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.
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BASIS FOR PETITION

Petitioner, Lockheed Martin MST, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom and DJI Inspire 1 UASs in the National Airspace System 

(NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Lockheed Martin MST will show that operation of DJI 

Phantom and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Lockheed Martin MST requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Lockheed Martin MST submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Lockheed Martin MST will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UASs using the methods, 

techniques, and practices prescribed in the operating documents (i.e., DJI Phantom and DJI Inspire 1 Instruction and Maintenance Manuals). 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges 

and limitations: Pilot in command, is requested by Lockheed Martin MST to the extent necessary

to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as 

an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom and DJI Inspire 1 

UASs in a manner consistent with this exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles and structures.

Lockheed Martin MST seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom and DJI Inspire 1 UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Lockheed Martin MST submits that they
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will ensure that the DJI Phantom and DJI Inspire 1 UASs are in an airworthy condition, prior to 

every flight, by determining that the UASs are in compliance with the operating documents (i.e., 

DJI Phantom and DJI Inspire 1 Instruction Manuals), and that the aircraft are in a condition safe 

for flight.

Lockheed Martin MST also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom and DJI Inspire 

1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Lockheed Martin MST’s operation of the DJI Phantom and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet 

AGL, will ensure an appropriate level of safety equivalent to Section 91.121.

Additionally, Lockheed Martin MST seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Lockheed Martin MST submits that safety will not be affected by operation of the DJI Phantom and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), 

with enough battery power to fly for a total duration of approximately 13.5 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.

In accordance with 14 C.F.R. § 11.81, Lockheed Martin MST provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is: 

Lockheed Martin MST

103 Chesapeake Park Plaza

Baltimore, MD 21220

Attn: Roger S. Mason

Phone: (410) 682-0330

Email: roger.mason@lmco.com
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B. The Specific Sections Of 14 C.F.R. From Which Lockheed Martin MST Seeks Exemption.

1. Lockheed Martin MST Seeks Exemption From The Requirements Of Section 

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

a. No person who holds a private pilot certificate may act as a pilot in command (PIC) 

of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as PIC of an aircraft.

b. A private pilot may, for compensation or hire, act as PIC 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.

2. Lockheed Martin MST Seeks Exemption From The Requirements Of Section 

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

a. No person may operate a civil aircraft unless it is in an airworthy condition.

3. Lockheed Martin MST Seeks Exemption From The Requirements Of Section 

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

a. Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

1) Below 18,000 feet MSL, to--
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i) The current reported altimeter setting of a station along the route and within 

100 nautical miles of the aircraft;

ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available station; or

iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. Lockheed Martin MST Seeks Exemption From The Requirements Of Section 

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

a. states the following:

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.

5. Lockheed Martin MST Seeks Exemption From The Requirement Of Section 

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each 

owner or operator of an aircraft—

a. 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[.]

6. Lockheed Martin MST Seeks Exemption From The Requirements Of Section 

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following:
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a. No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

1) It has been approved for return to service by a person authorized under § 43.7 of 

this chapter[.]

7. Lockheed Martin MST Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

a. Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had --

1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

2) An inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter.

8. Lockheed Martin MST Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

a. Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

1) Records of the maintenance, preventive maintenance, and alteration and records 

of the 100-hour, annual, progressive, and other required or approved inspections, 

as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include--

i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and
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ii) The date of completion of the work performed; and

iii) The signature, and certificate number of the person approving the aircraft for 

return to service.

2) Records containing the following information:

i) The total time in service of the airframe, each engine, each propeller, and each 

rotor.

ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances.

b. The owner or operator shall retain the following records for the periods prescribed:

1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed.

2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.
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3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved 

for return to service.

C. The Extent Of Relief Lockheed Martin MST Seeks And The Reason Lockheed Martin 

MST Seeks The Relief.

1. Extent Of Relief Lockheed Martin MST Seeks And The Reason Lockheed Martin 

MST Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command, is requested to the extent necessary to allow a PIC holding a private 

pilot or higher level certificate, as well as a current and valid airman medical certificate, 

and who has met certain flight-hour and currency requirements, to conduct the proposed 

UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC 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.

As set forth more fully below, Lockheed Martin MST submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom or DJI Inspire 1 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including 

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, 

vessels, vehicles and structures.

Further, Lockheed Martin MST submits that all flights of the DJI Phantom and DJI Inspire 1 

UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Lockheed Martin MST's business; and (2) will not carry passengers or property for compensation or 

hire.
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2. Extent Of Relief Lockheed Martin MST Seeks And The Reason Lockheed Martin 

MST Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Lockheed Martin MST to determine that the DJI Phantom and DJI Inspire 1 

UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating documents (i.e., DJI Phantom and DJI Inspire 1 Instruction Manuals).

Lockheed Martin MST seeks the requested relief because the DJI Phantom and DJI Inspire 1 

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. Therefore, Lockheed Martin MST will ensure that the DJI Phantom and DJI Inspire 1 UASs 

are in airworthy condition based upon its compliance with the operating documents (i.e., DJI 

Phantom and DJI Inspire 1 Instruction Manuals) prior to every flight, and further, determine that 

the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Lockheed Martin MST Seeks And The Reason Lockheed Martin 

MST Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, 

GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that 

any altitude information concerning UAS operations be reported to air traffic control (ATC) in 

feet above ground level (AGL), Lockheed Martin MST seeks the requested relief because the 

DJI Phantom and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather 

than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations stated 

below. As more fully set forth herein, an equivalent level of safety will be maintained since the 

DJI Phantom and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS 

equipment, which automatically ensures that a ground level pressure setting will be established 

prior to each flight, and provides the PIC with altitude information of the UA on the heads-up 

display of the GCS.
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4. Extent Of Relief Lockheed Martin MST Seeks And The Reason Lockheed Martin 

MST Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Lockheed Martin MST seeks 

the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that Lockheed Martin MST proposes to 

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom and DJI Inspire 1 UASs, the DJI Phantom and DJI Inspire 1 operating documents, and Lockheed Martin 

MST’s proposed operating limitations, ensure that Lockheed Martin MST will safely operate the 

battery powered DJI Phantom and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a 

total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief Lockheed Martin MST Seeks And The Reason Lockheed Martin 

MST Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Lockheed Martin MST requests relief from these 

Sections because the DJI Phantom and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

Lockheed Martin MST will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the 

UAS operating documents (i.e., DJI Phantom and DJI Inspire 1 Instruction and Maintenance 
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Manuals). Furthermore, Lockheed Martin MST will document and maintain all maintenance records for the DJI Phantom and DJI Inspire 1 UASs.

D. The Reasons Why Granting Lockheed Martin MST Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Lockheed Martin 

MST to safely, efficiently, and economically perform aerial video and photography of Lockheed 

Martin products, such as helicopters, ships, and armored vehicles, product installations, test 

events, facilities and landscapes, and construction sites, over certain areas of the United States.

Additionally, use of the DJI Phantom and DJI Inspire 1 UASs will decrease congestion of the 

NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

Lockheed Martin MST’s proposed operation of the DJI Phantom and DJI Inspire 1 UASs will be 

realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, 

and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. 

By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 

allowing the use of a DJI Phantom or DJI Inspire 1 UAS would reduce the amount of manned 

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom and 

DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned 

aircraft conducting aerial video and photography missions would result in fewer aircraft that 

must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom and 

DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom and DJI Inspire 1 UASs, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise 
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pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom and DJI Inspire 1 UASs produce no air 

pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 

Phantom and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather 

than an internal combustion engine.

By using the DJI Phantom and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with 

traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 

and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less 

physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity

of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom and 

DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom and DJI Inspire 1 UASs are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Phantom and DJI Inspire 1 UASs will allow United States based companies, 

like Lockheed Martin MST, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency

(“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the 

battery powered DJI Phantom and DJI Inspire 1 UASs is one such technology that not only al-
18

lows companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom and DJI Inspire 1 UASs, companies such as Lockheed Martin 

MST, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 

and DJI Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Lockheed Martin MST’s proposed operation of the DJI Phantom and DJI Inspire 1 UASs 

will not implicate any privacy issues. Specifically, the DJI Phantom and DJI Inspire 1 UASs will 

be operated only in compliance with operating documents (i.e., DJI Phantom and DJI Inspire 1 

Instruction Manuals) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Lockheed Martin MST Seeks Exemption.

1. Reasons Why The DJI Phantom and DJI Inspire 1 UAs Meet The Conditions Of 

The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Lockheed Martin MST’s operation of the DJI Phantom and 

DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and 

sets forth requirements for considering whether a UAS will create a hazard to users of the NAS 
19

or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 

states the following, in part:

a. In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

b. Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum--

1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and

2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

c. Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

systems in the national airspace system.

In seeking this exemption, Lockheed Martin MST submits that the DJI Phantom and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) the characteristics of the DJI Phantom and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom and DJI Inspire 1 UASs Demonstrate 

Its Safe Characteristics.

The DJI Phantom and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.
20

i) Technical Specifications Of The DJI Phantom and DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom and DJI Inspire 1 UASs are set forth by the 

DJI Phantom and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and 

B.

ii) The DJI Phantom and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom and DJI Inspire 1 UASs is provided at pages 7-13 of the DJI Phantom User Manual and 

pages 12-33 and 44-51 of the DJI Inspire 1 User Manual, attached hereto as Exhibit C and D.

iii) The DJI Phantom and DJI Inspire 1 UASs Are Designed For Automatic 

Return To Home Point Or Hover In The Event Of Loss Of The Control 

Link Or Navigation.

When the Control Link is lost, the DJI Phantom and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom and DJI Inspire 1 UAs 

do not reacquire control link data from the GCS, the UAs will assume that the Control Link is 

lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend 

to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom UAS are set forth at 

pages 14-15 and for the DJI Inspire 1 at pages 12-17 of the DJI Phantom and DJI Inspire 1 User 

Manuals, attached hereto as Exhibit C and D.

iv) The DJI Phantom and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Inspire 1 GCS and 

flight control software is provided at pages 39 through 43 of the DJI Inspire 1 User Manual. 

There are no specific GCS specifications in the DJI Phantom User Manual. DJI Phantom and DJI 

Inspire 1 User Manuals are attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom and DJI Inspire 1 UASs Are Limited To The 

Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.
21

Lockheed Martin MST will only utilize certificated pilots who possess a current and valid 

Airman Medical Certificate to act as a pilot in command (PIC) of the DJI Phantom and DJI Inspire 1 UASs. Additionally, a safety observer (SO) will assist all pilots during flight time.

c. Flights Of DJI Phantom and DJI Inspire 1 UASs Will Be Conducted Pursuant 

To Specific Operating Limitations.

In seeking this exemption, Lockheed Martin MST proposes to commercially operate DJI 

Phantom and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1) Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents, rotorcraft UASs weighing less than 

55 pounds maximum gross weight: DJI Phantom and DJI Inspire 1 Unmanned 

Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2) UAS operations under this exemption will be limited to conducting operations for 

the purpose of aerial video and photography.

3) The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4) The UA must be operated at an altitude of no more than 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating documents 

unless a special request is made and approved by ATC. All altitudes reported to 

ATC must be in feet AGL.

5) The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any device 

other than corrective lenses, as specified on the PIC’s FAA-issued Airman Medical Certificate.

6) The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7) All operations must utilize a safety observer (SO). The SO may be used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS capability. The 
22

SO 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 SO can perform the functions prescribed in the operating documents.

8) The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and is 

not permitted to operate the camera or other instruments.

9) The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of 

exemption and the procedures outlined in the operating documents, the conditions 

and limitations contained in the grant of exemption take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents. 

It is the operator’s responsibility to track such revisions and present updated and 

revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to 

the grant of exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates 

or revisions to the operating documents.

10) Prior to each flight the PIC must inspect the UAS to ensure that 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 Ground Control Station must be included in the preflight inspection. 

All maintenance and alterations must be properly documented in the aircraft records.
23

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, 

must undergo a functional test flight. The PIC who conducts the functional test 

flight must make an entry in the aircraft records.

12) The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13) The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14) The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service.

15) Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins.

16) The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

17) The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.

18) The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS 

in a manner consistent with how the UAS will be operated under the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours 

must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the 

purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated 
24

training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the 

PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19) UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 

All operations must be conducted under visual meteorological conditions (VMC). 

If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) 

are not authorized.

20) The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted 

in accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to the Administrator upon request.

21) 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 miles from the PIC.

22) If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

23) The PIC must abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with the operating documents.

24) The PIC 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 landing point and land the UA with 25% battery power remaining.

25) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will also require the operator to request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours 
25

prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude 

level and potential transponder requirements.

26) All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification 

(N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27) Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28) The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available 

to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29) The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30) The UAS may not be operated by the PIC from any moving device or vehicle.

31) Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless:

i) 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 operations must cease immediately and/or;

ii) The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and 

the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and;
26

iii) Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

32) All operations shall be conducted over private or controlled-access property 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.

33) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents 

must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety.

Lockheed Martin MST submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 

and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom or DJI Inspire 1 

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Lockheed Martin MST’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to 

those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the DJI Phantom or DJI Inspire 1 UAS, Lockheed Martin MST submits that the additional manned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for Lockheed Martin MST’s specific proposed 

flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 
27

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

Lockheed Martin MST will not allow any PIC to operate the DJI Phantom or DJI Inspire 1 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

Phantom or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely

operate the DJI Phantom or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of 

those hours as a UAS pilot operating the same make and model of UAS to be used for operations 

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety during Lockheed Martin MST’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours 

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may 

be included in the 10 hours of multi-rotor time and the 10 hours may be included 

in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 
28

currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency

in the skills necessary to safely conduct the petitioner’s proposed operations. The 

FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of 

exemption to accomplish the required flight time. During training, proficiency, 

and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Lockheed Martin MST will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI 

Phantom or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior 

to every flight, Lockheed Martin MST will ensure that the DJI Phantom or DJI Inspire 1 UAS is 

in an airworthy condition based upon the UAS’s compliance with its operating documents and as 

stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety.
29

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom and DJI Inspire 1 UAs will be provided to the PIC via 

GPS equipment and a radio communications telemetry data link, which downlinks from the UA 

to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Lockheed Martin MST’s operation of the DJI Phantom and DJI Inspire 1 UAs within 

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 

91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs 

at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would 

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the 

proposed flight operations. Accordingly, Lockheed Martin MST will ensure that it will safely

operate the battery powered DJI Phantom and DJI Inspire 1 UAs during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point 

of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom and DJI 

Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b). Furthermore, safety will be ensured as the DJI Phantom and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery

voltage, the first warning occurring at approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 

Vision+ and DJI Inspire 1 UASs will descend and land automatically.
30

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish 

that safety is not adversely affected when the technical characteristics and operating limitations 

of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 

10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect 

Safety.

In seeking this exemption, Lockheed Martin MST submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Lockheed Martin MST will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., DJI Phantom and DJI Inspire 1 Instruction and Maintenance Manuals).

Since the DJI Phantom and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, Lockheed Martin MST will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom and DJI Inspire 1 

User Manuals are attached hereto as Exhibit C and D.

Likewise, the exemption sought will not adversely affect safety because Lockheed Martin 

MST will use trained technicians to perform maintenance, alterations or preventive maintenance 

on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established 

by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom and 

DJI Inspire 1 UASs will be performed by trained technicians. A copy of the DJI Inspire 1 

Maintenance Manual is attached hereto as Exhibit E. Maintenance of the DJI Phantom is described in the Phantom Advance User Manual, pages 11-12.
31

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Lockheed Martin MST’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom and DJI Inspire 1 UASs, Lockheed 

Martin MST submits that safety will not be adversely affected by granting exemption from 14 

C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The 

FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, Lockheed Martin MST requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom and DJI Inspire 1 

UASs, which contain such safety standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited 

purpose of conducting aerial video and photography over certain areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a 

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of 

the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, 

for operation of the DJI Phantom and DJI Inspire 1 UASs, since the airworthiness regulations of 

14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or 

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:
32

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or 

propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the 

product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller 

as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Lockheed Martin MST’s intended operation of the DJI Phantom and 

DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary 

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 

14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

1. A Summary That Can Be Published In The Federal Register, stating: The Rules 

From Which Lockheed Martin MST Seeks Exemption:

Lockheed Martin MST seeks exemption from the requirements of 14 C.F.R Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Lockheed Martin MST

Seeks:

This exemption will permit Lockheed Martin MST to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial video and photography over 

certain areas of the United States.

1. Any Additional Information, Views, Or Arguments Available To Support Lockheed 

Martin MST’s Request.
33

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Lockheed Martin MST’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Lockheed Martin MST will operate the DJI Phantom and DJI 

Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, 

or otherwise pose a threat to national security.
34

CONCLUSION

As set forth herein, Lockheed Martin MST seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the DJI Phantom and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain 

areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Lockheed Martin MST to safely, efficiently, and economically operate the DJI Phantom and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Lockheed Martin MST respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), and permit Lockheed Martin MST to operate the DJI Phantom and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: 10 July 2015

Thank you,

Roger S. Mason

Lockheed Martin MST 

103 Chesapeake Park Plaza 

Baltimore, MD 21220 

Phone: (410) 682-0330

roger.mason@lmco.com
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EXHIBITS

EXHIBIT A DJI Phantom Specifications and Data Sheet

EXHIBIT B DJI Inspire 1 Specifications and Data Sheet

EXHIBIT C DJI Phantom User Manual

EXHIBIT D DJI Inspire 1 User Manual

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

EXHIBIT E DJI Inspire 1 Maintenance Manual