15455 Dallas Pkwy, Suite 1075,

Addison, TX 75001

August 13, 2015

U.S. Department of Transportation

Docket Management System

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"), hereby submits the following Petition for 

Exemption. This Petition for Exemption is made based on information outlined in this 

document, as well as the following accompanying 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 collectively 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 operating conditions and 

procedures that are not generally available to the public and are protected from release under the 

Freedom of Information Act, 5 U.S.C. § 552 et seq.
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Page 2

This Petition for Exemption is divided into two parts. Part I describes 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. 

PART I: CONDITIONS AND LIMITATIONS

The MUAV SOP Manual and the Manufacturer's Manuals

1

for the selected UAS will 

contain all the procedures and limitations necessary to safely 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-inCommand ("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 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 PIC always maintains VLOS 

capability. The VO and PIC 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. 
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PIC will be designated prior to each flight and cannot transfer his or her 

designation for the duration of the flight. The PIC 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 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.

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. These

documents will be made available to the Administrator or any law 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 limitations 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 copy 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 properly 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.
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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 signature of the authorized person 

returning the UAS to service.

15. Each UAS operated under this exemption will comply with all required 

manufacturer Safety/Service Bulletins.

16. An authorized person designated in the MUAV SOP Manual will make an entry

in the UAS record of the corrective action taken against discrepancies discovered 

between inspections.

17. PICs shall possess at least a Private Pilot's Certificate2and current Class III 

Medical Certificate. The PIC will also meet the flight review requirements 

specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate.

18. MUAV will not permit any PIC to operate the UAS 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 this 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency will be logged in a manner consistent with 

 

2

The FAA has stated that it does not possess the authority under Section 333 of the Reform Act 

to exempt petitioners from the 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 

supplemental petition for exemption from the airman certification requirements of Part 61. 
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14 CFR § 61.51(b). A record of training will be documented and made available 

upon request by the Administrator. Flights for the purposes of training PICs and 

VOs (training, proficiency, and experience-building), are permitted under the 

terms of this exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experiencebuilding 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 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 miles from the 

PIC.

21. If the UAS 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 MUAV's SOP Manual.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with the operating documents.

23. 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 with 25% 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 any 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 airspace, altitude level and potential transponder 

requirements.

26. The UA will not be operated from an elevated platform or moving device/vehicle.
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27. All aircraft operated in accordance with this exemption will be identified by serial 

number, registered in accordance 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 UA 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 shall 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 congested 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 operations 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 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;

c. Operations nearer to the PIC, VO, Sensor Operator, operator trainees or 

essential persons do not present an undue hazard to those persons per § 

91.119(a).
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33. 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.

PART II: PROPOSED OPERATIONS

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 

development 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, however, 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.
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Display of marks; general.

14 C.F.R. § 45.23(b) – As the proposed UAS does not have an entrance to the cockpit or 

cabin MUAV will identify the aircraft as restricted type by the word “RESTRICTED” displayed 

in 2 inch lettering on the side of the fuselage. 

Petitioner also requests 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 requests 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 by § 45.23.

In a previous Grant of Exemption, the FAA determined that 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 safety 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 Aerial6, the FAA determined that the unique characteristics of UAS operation outside 

of controlled airspace did not warrant the additional cost and restrictions attendant with requiring 

a the PIC 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.
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fulfillment of the additional requirements for a private pilot to become qualified as a commercial 

pilot would not lead to any additional safety 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 

Certificate and Class III Medical Certificate. MUAV will operate away from persons and 

property 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, Subpart H, compliance with the 

MUAV SOP Manual will provide sufficient means for determining an airworthy condition. As 

required by the MUAV SOP Manual, the PIC will perform a pre-flight inspection prior to every

flight to ensure it is in an airworthy condition. Petitioner will also complete daily inspections 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 PICs will be familiar with all information necessary to safely 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 will 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 components in accordance with the MUAV SOP Manual, including 

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 initiation of flight. MUAV's SOP 

Manual and the Manufacturer's Manual (and any 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-2014-0481 at 16-17.
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14 C.F.R. § 91.109(a) Flight instruction; Simulated 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 training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS. Moreover, as required by Petitioner's SOP Manual, all flight instruction will 

occur during dedicated training sessions, in a controlled and sterile environment where all 

persons not essential to the flight training will be a safe distance away in the event that the UAS 

experiences any difficulties during flight instruction. As a whole, the limited size and speed of 

the UAS, the lack of any passengers, the training 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 instruction regulations.

14 C.F.R. § 91.119 Minimum safe altitudes: General. 

Petitioner only seeks exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119(c). Relief from § 91.119(a) will not be necessary because Petitioner will be able 

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 necessary.

8

Compared to flight operations with aircraft weighing far more than the maximum weights 

proposed herein, any risk associated with these operations is far less than those that presently 

exist with full-size conventional aircraft. An equivalent level of safety will be achieved given 

the size, weight, and speed of the UASs, as well the controlled and sterile location where the 

operations will occur. In order to avoid any 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 

structures 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 the PIC has made a safety 

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 Likeonatree Aerial, Docket FAA-2014-

0534 at 15.
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will not present an undue hazard per § 91.119(a). As a whole, these requirements ensure a level 

of safety better than or equal to the rules 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 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.9 If, however, 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.

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 by MUAV is 125 pounds, and will be flown at 100 knots or less completely outside 

controlled airspace10. Additionally, the UASs carry neither pilots nor passengers, and will 

operate exclusively within 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 closely controlled and monitored and will be conducted in compliance with local public safety 

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 PIC and VO, who are not onboard the UAS. 

In addition, no sense-and-avoid technology is necessary for the UAS because it will be operated 

at all times in VFR conditions and within VLOS of the PIC and Operator.11 

 

9

See e.g., Docket No. FAA-2014-0352 at 13-14, 22.

10 Or as otherwise prescribed in an ATO issued COA.

11 See Docket FAA-2014-0352 at 13. 
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In addition to the above referenced amendments to this section, Petitioner also seeks 

exemption from the related civil aircraft flight manual, marking, and placard requirements of 14 

C.F.R. § 91.9(b)(2). In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and 

prepared by 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 pilot 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 rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by 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 apply 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 any required 

manufacturer Safety or Service Bulletins. Further, as required by Petitioner's SOP Manual, the 

PIC 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 critical components of the UAS have been found to 

be airworthy 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. 
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following the replacement of any flight-critical components. The PIC who conducts a functional 

test flight will make 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 applicable components: powertrain system (powerplant), propellers, avionics 

and control surfaces (including ailerons/elevons), structures & airframe, camera system, 

electrical systems (including batteries), GCS, hazard accessories, and spare parts. Further, 

Petitioner'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 recordkeeping procedures required by the MUAV

SOP Manual is sufficient to ensure that safety is not adversely affected. 

14 C.F.R. § 91.409(a)(1)(2) Inspections.

Petitioner also 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 airport 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. 
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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 of § 191.121 is therefore appropriate.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Petitioner also seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for 

flight in VFR conditions. While the gas powered will be capable of complying with the fuel 

requirements for flight in VFR conditions, the eV Bat is powered by battery that provides 

approximately 45 minutes of flight under normal operating conditions. The limited battery

capacity means that no meaningful flight operations 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 30 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 assess whether certain UAS may operate safely 

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 improving 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 adversely affected by 

granting the requested exemptions. As manufacturers of the Martin UAV product line our team 

has the highest level of knowledge in the systems and how they work. Martin UAV’s safety 

 

15 See Grant of Exemption to Clayco, Inc., Docket No. FAA-2014-0507 at 15.
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focused approach and experienced engineers and operators ensure that operations are conducted 

in the safest possible manner.

4. Summary to publish in the Federal Register

Petitioner amends the summary provided for publication in the FEDERAL REGISTER as 

follows:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of 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 exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with providing equivalent research and 

development test flights. 

PART III: CONCLUSION

MUAV's Petition for Exemption satisfies 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 VLOS and national security. The proposed UAS operations 

will benefit the public 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 exemptions 

allowing MUAV to operate UASs as a manufacturer in test activity driven by research and 

development.

We thank you for your prompt consideration of these amendments to MUAV's Petition 

for Exemption. Should you have any questions, or if you need any additional information to 

support the requested exemptions, please do not hesitate to contact the undersigned.
U.S. Department of Transportation

August 13, 2015

Page 16

MARTIN UAV

/s/ Philip Jones 

Philip Jones

COO

Martin UAV
U.S. Department of Transportation

August 13, 2015

Page 17

(The following attached 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