1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, 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**  **P HANTOM**  **AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS**

**PURSUANT TO SECTION 333 OF THE FAA MODER** **NIZATION 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.com2 **TABLE OF CONTENTS** GLOSSARY OF ABBREVIATIONS

................................ ................................ ............................ 3 SUMMARY

................................ ................................ ................................ ................................ .... 4 IN TRODUCTION AND INTERESTS OF THE PETITIONER

................................ .................... 5 BACKGROUND

................................ ................................ ................................ ............................ 6 BASI S 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 Lo ckheed 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 Adversel y Affect Safet y, Or How The Exemption Would Provide A Level Of Safety At L east Equal To That Provided By The Rule From Which Lo ckheed Martin MST Seeks Exemption.

................................ ................ 18 CONCLUSION

................................ ................................ ................................ ............................. 343 **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 Fed eral Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Sec tion 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Lockheed Martin MST seeks exempti on 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 S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Lo ckheed Martin MST to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photograph y 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.5 **INTRODUCTION AND INTERESTS OF THE PETITIONER** My name is Roger S. Mason . Iam a manager of video services for Lockheed Marti n MST . I lead a team of creative people who develop various video and photography projects for Lo c kheed Martin and its customers all over the United States. Ihave been in this position for 11 ye ars and have seen multiple evolutions of camera technology change rapidly during this time . To r emain commerciall y viable and relevant I like to stay current with man y of those technologies. My customers within L ockheed Martin look to my group to provide efficient and cost effective solutions as well as unique id eas for their products and campaigns. M y interests include video graph y, photograph y, animation, mobile apps , electronics and new technologies that provide cre ative outputs. The objective for my

petition is to provide high quality video and images of L ockhe ed Martin products, including product installations, test events, facilities and landscapes, and constru ction sites , with a specific focus on:

• Aerial photograph y and videograph y of Lo ckheed Martin products and projects

• Recording of product test events

• Product marketing and video commercials

• Site survey s and facility anal ys is6 **BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom and DJI Inspire 1 UASs Lockheed Martin MST seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. Th e DJ I Phantom and DJIInspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ys tems. The DJ I Phantom has a maximum gross weight of approximately 2 pounds 11 o unces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJ I 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 1 1.8 inches, and a maximum speed of approximately 42 knots. The DJIPhantom and DJ I Inspire 1 UAs are equipped with four main rotors; driven b y Li thium Poly mer battery

powered electric motors. The DJIPhantom and DJ I Inspire 1 UAs that will be operated b y Lo ckheed Martin MST , will be re gistered 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

.7 **BASIS FOR PETITION**  Petitioner, Lo ckheed Martin MST , pursuant to the provisions of the Federal Aviation Regul ations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Sy stems, hereby p etitions the Administrator to commerciall y operate the DJIPhantom and DJ I In spire 1 UASs in the National Airspace Sy stem (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 DJ I Phantom and DJIInspire 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. Accordingl y, 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 maint enance that onl y appl y to aircraft with an airworthiness certificate. Lockheed Martin MST submits that the requested relief is proper since an equivalent level of safet y 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., DJ I Phantom and DJ I Inspire 1 Instruction and Maintenance Manual s ). Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y Lo ckheed Martin MST to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phanto m and DJ I 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), entit led Civil aircraft airworthiness, because the DJ I Phantom and DJ I Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Lo ckheed Martin MST submits that they8

will ensure that the DJ I Phantom an d DJ I 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., DJIPhantom and DJ I Inspire 1 Instruction Manual s ), 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, e ntitled Altimeter Settings, as the DJ I Phantom and DJIInspire 1 UAs will not have a t ypical barometric altimeter onboard. However, altitude information of th e DJ I Phantom and DJ I Inspire 1UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active mon itoring of the flight path. This altitude inform ation, combined with Lo ckheed Martin MST ’s ope ration of the DJ I Phantom and DJ I 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. Lo ckheed Martin MST submits that safety

will not be affected b y operation of the DJ I Phantom and DJIInspire 1 UAs during daylight hour s in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery

power to fl y for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that f or at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Lo ckheed Martin MST provides the following info rmation 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.com9

**B. The Specific Sections**  **O f 14 C.F.R. From Which**  **Lockheed Martin MST**  **Seeks Exem p**  **tion.** 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 (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. b. A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or employ

ment if

— 1) The flight is onl y incidental to that business or employment; and 2) The aircraft does not carry passengers or property

for compensation o r 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 airworth y 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

--10 i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; ii) If there i s no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available st ation; 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 perso n may

begin a flight in a rotorcraft under VFR conditions unless (conside ring wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 20 mi nutes. 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 b etween 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:11

a. No person may

operate any

aircraft that has undergone maintenance, preventive maintenan ce, rebuilding, or alteration unless

-- 1) It has been approved for return to service b y 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 4 3 of this chapter and has been approved for return to service b y 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 Exemptio**  **n From The Requirements Of Sections 91.417(a) And 91.417(b).** 
Section 91.417, entitled Maintenance records , subsections (a) and (b), state the follo wing:

a. Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator s hall keep the following records for the periods specified in par agraph (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, prope ller, 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; and12 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, an d each rotor. ii) The current status of life

- limited parts of each airframe, engine, propeller, r otor, 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 b y the inspection program under which the aircraft and its appliances are maintained. v) The current status of applicable airworthiness directives (AD) and sa fet y d irectives including, for each, the method of compliance, the AD or safety d irective 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 a lteration to the airframe and currentl y 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 paragr aph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 year after the work is pe rformed. 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.13 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 Ma rtin 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 pri vileges 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 PI C of an aircraft in connection with any bus iness or emplo ym ent if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, Lo ckheed Martin MST subm its that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom or DJIInspire 1 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y ope rate either the DJIPhantom or DJIInspire 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, vehicle s and structures. Further, Lockheed Martin MST submits that all flights of the DJ I Phantom and DJ I Inspire 1 UASs, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to Loc kheed Martin MST 's business; and (2) will not carry passengers or property for compensation or hire.14

**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 r equired to allow Lockheed Martin MST to determine that the DJ I Phantom and DJ I Inspire 1 UASs are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., DJ I Phantom and DJ I Inspire 1 Ins truction Manual s ). Lockheed Martin MST seeks the requested relief because the DJ I Phantom and DJ I Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Lo ckheed Martin MST will ensure that the DJ I Phantom and DJIInspire 1 UASs are in airworth y condition based upon its compliance with the operating documents (i.e., DJ I Phantom and DJIInspire 1 Instruction Manual s ) prior to every flight, and further, determine that the airc raft 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 setting s, may be required to allow flight oper ations of the DJIPhantom and DJ I Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude info rmation from the UA to the PI C at th e 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 DJIPhantom and DJ I 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 t o the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJIPhantom and DJ I 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 PI C with altitude information of the UA on the heads

- up display of the GCS.15

**4. Extent Of Relief**  **Lockheed M artin 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 r equested to the extent required to allow flights of the battery powered DJ I P hantom and DJ I 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. Lo ckheed Martin MST seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJ I Phantom and DJ I Inspire 1 UAs will severely constrain the pra cticality of an y aerial video or still photo flight operations that Lo ckheed Martin MST proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom and DJIInspire 1 UASs, the DJ I Phantom and DJ I Inspi re 1 operating documents, and Lo ckheed Martin MST ’s proposed operating limitations, ensure that Lockheed Martin MST will safely operate the battery powered DJ I Phantom and DJIInspire 1 UAs during daylight hours in visual meteorolo gical conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal crui sing speed, to fly

after that for at least 4.5 minutes.
**5. Extent Of Relief**  **Lockheed Martin M ST**  **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) onl y apply to aircraft with an ai rworthiness certificate, Lo ckheed Martin MST requests relief from these Sections because the DJ I Phantom and DJIInspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom and DJ I Inspire 1 UASs meet the cond it ions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Lockheed Martin MST will use trained technicians to perform maintenance, alterations, or pr eventive maintenance on the UASs using the methods, techniques, and practic es prescribed in the UAS operating documents (i.e., DJ I Phantom and DJIInspire 1 Instruction and Maintenance16

Manual s ). Furthermore, Lockheed Martin MST will document and maintain all maintenance re cords for the DJ I Phantom and DJ I Inspire 1 UASs.
**D. The Reas**  **ons 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 b y allowing Lo ckheed Martin MST to safely , efficiently , and ec onomically perform aerial video and photograph y 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 DJIPhantom and DJ I Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably , the benefits of Lockheed Martin MST ’s proposed operation of the DJ I Phantom and DJ I Inspire 1 UASs will be realized without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The DJ I 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 DJ I Phantom or DJIInspire 1 UAS would reduce the amount of manned airc raft in the NAS, reduce noise and air pollution, as well as increase the safety of life and pro perty in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving an d departing aircraft will be reduced. The DJ I Phantom and DJIInspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photograph y 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 th e DJIPhantom and DJ I Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise17

pollution generated during traditional aerial video and still photograph y flight operations. By u sing batt ery power and electric motors, the DJ I Phantom and DJIInspire 1 UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty picall y utilized fo r aerial video and photo graph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom and DJIInspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are p ropelled by battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom and DJ I 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 completel y elim inated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom and DJ I Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respe ctively , widths of 16 inches and 17.7 inches respectively , and with no fuel on board), has less phy sical potential for col lateral damage to life and propert y on the ground, and in the air, co mpared to the manned aircraft that ty pically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capa city 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 DJ I Phantom and DJIInspire 1 UASs are also an economical alternativ e to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom and DJIInspire 1 UASs will allow United States based companies, like Lo ckheed Martin MST , to remain competitive and contribute to growth of the U.S. eco n omy . 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 comp anies must adopt new and alternative technology in order to remain c ompetitive. Operating the battery powered DJ I Phantom and DJIInspire 1 UASs is one such technology that not onl y a l-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 DJ I Phantom and DJIInspire 1 UASs, companies such as Lockheed Martin MST , can remain competitive and profitable, and therefore, provide greater job stability to e mployees and contractors, which will ultim ately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom and DJ I Inspire 1 UASs, provides a stable workforce that increases consumer spending; i mproves local, state, and fed eral tax revenues; and allows companies to invest in research and d evelopment 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 de cades, Lockheed Martin MST ’s proposed operation of the DJ I Phantom and DJIInspire 1 UASs will not implicate any

privacy issues. Specifically , the DJ I Phantom and DJI Inspire 1 UASs will be operated only

in compliance with operating documents (i.e., DJ I Phantom and DJ I Inspire 1 Instruction Manual s ) which requires propert y owner involvement as well as local law enforc ement 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 Provi d**  **ed 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 DJ I Phantom and DJIInspire 1 UASs meet the conditions of FMRA Section 333, and will not require an ai rworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operat e without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS19

or the public, or otherwise pose a threat to national security . Specificall y, 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 n ational airspace system before completion of the plan and rulemaking required by se ction 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 su bsection (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 cert i fication 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, Lo ckheed Martin MST submits that the DJ I Phantom and DJIInspire 1 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom and DJ I Inspire 1 UASs; (b) the pilot certification r equirement; and (c) the specific operating limitations.

**a. The Specifications Of The**  **DJI Phantom and DJI Inspi**  **re 1 UASs Demonstrate Its Safe Characteristics.**  The DJ I 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 o perational capability

.20 **i) Technical Specifications Of The**  **DJI Phantom and DJI Inspire 1 UASs.**  The technical specifications of the DJ I Phantom and DJIInspire 1 UASs are set forth b y the DJIPhantom and DJ I 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 Nav**  **i**

**gation Modes Enable The UASs To Remain Within A Defined Oper a**  **tional Area.** The DJ I Phantom and DJI Inspire 1 UASs may be operated in both manual and fully auto nomous flight modes. A complet e description of the flight and navigational modes of the DJ I Phantom and DJIInspire 1 UASs is provided at pages 7

- 13 of the DJ I Phantom User Manual and pages 12

- 33 and 4 4

- 5 1 o f the DJ I Inspire 1 User Manual , attached hereto as Exhibit C and D.

**iii) The**  **DJI Ph antom**  **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 L ink is lost, the DJIPhantom and DJIInspire 1 UAs will remain statio nary, in flight, for 3 seco nds or more. If, after 3 seconds, the DJ I Phantom and DJIInspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink 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 DJ I Phantom UAS are set forth at page s 14

- 15 and for the DJIInspire 1 at pages 12

- 17 of the DJ I Phantom and DJIInspire 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 DJ I Inspire 1 GCS and flight control software is provided at pages 39 through 4 3 of the DJ I Inspire 1 User Manual. There are no specific GCS specifications in the DJI Phantom User Manual. DJIPhantom and DJ I Inspire 1 User Manuals are attached hereto as Exhibits C and D.
**b. Flight Operations Of**  **DJI Phantom and DJI Inspire 1 UASs Are Limi**  **ted 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 C ertificate to act as a pilot in command (PI C) of the DJ I Phantom and DJIInspire 1 UASs. Additionally , a safet y 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, Lo ckheed Martin MS T proposes to commercially operate DJ I Phantom and DJIInspire 1 UASs for the special purpose of conducting aerial video and photo graph y over certain areas of United States, pursuant to the following specific operating limit ations: 1) Operations authorized b y 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: DJ I Phantom and DJIInspire 1 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new p etition 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 photograph y. 3) The UAs may

not be flown at an indicated airspeed ex ceeding 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 b y 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 an y device other than corrective lenses, as spe cified on the PIC’s FAA

- issued A irm an M ed ical C ertificate. 6) The use of first person view (FPV) b y the PI C or safet y observer (SO) is not pe rmitted. 7) All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The22 SO and PI C must be able to communicate verbally at all times. Electronic me ssa g ing or texting is not permitted during flight operations. The PIC must be de signated before the flight and cannot transfer his or her designation for the duratio n of the flight. The PI C must ensure that the SO can perform the functions pr escribed in the operating documents. 8) The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground base d 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 di screpancy 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 reques t. The operator must also pr esent 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, th en the ope rator 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 UA S 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 maint enance 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 properl y documented in the aircraft re cords.23 11) Any UAS that has undergone maintenance or alterations that affect the UAS o peration or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C 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. inope rable components, items, or equipment, not already covered in the relevant se ctions of the operating documents. 13) The operator must follow the UAS manufacturer’s aircraft/component, maint enance, overhaul, r eplacement, inspection, and life limit requirements. 14) The operator must carry out its maintenance, inspections, and record keeping r equirements, in accordance with the operating documents. Maintenance, inspe ction, alterations, and status of replacement/over haul component parts must be no ted 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 PI C must possess at least a private pilot certificate and at least a current third

class medical certificate. 18) The operator may

not permit any

PI C to operate unless the PI C meets the oper ator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be ope rated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces 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 e xemption. However, training operations may only be conducted during dedicated24 training sessions. During training, proficiency , and experience

- building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in a ccordance 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 clo sest to proposed area of operations. Flights under special visual flight ru les (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 agre ement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Admini strator 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 PI C. 22) If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23) The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24) The PI C is prohibited from beginning a flight unless (considering wind and for ecast 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 an y 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 no t less than 48 hours25 prior to the operation. All operations shall be conducted in accordance with ai rspace 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 co nducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commi ssion (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 PI C 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 l aw e nforcement official upon request. 29) The UA must remain clear and yield the right of way to all manned aviation ope rations and activities at all times. 30) The UAS may

not be operated b y 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 PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: i) Barriers or structures are present that sufficiently protect nonparticipating pe rsons from the UA and/or debris in the event of an accident. The oper ator must ensure that nonparticipating persons remain under such protection. If a situ ation 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 oper ated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safety assessment of the risk of operating closer to those objects and determined that it does not pr esent an undue hazard, and;26 iii) Operations nearer to the PI C, 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 propert y with permissi on from the land owner/controller or authorized representative. Permi ssion 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 o r vertical boundaries of the operational area as defined b y the applicable COA must be r eported to the FAA ’ s UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instru ctions 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 DJ I Phantom and DJ I Inspire 1 UASs unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom or DJ I 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 limit ations 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 safel y operate the DJ I Phantom or DJI Inspire 1 UAS, Lo ckheed Martin MST submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Lo ckheed 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 PI C to operate the DJ I Phantom or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom or DJIInspire 1 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom or DJ I Inspire 1 UAS in a manner consistent with this exemption, i ncluding evasive and emergency maneuvers and m aintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C 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 PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purpos es). 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 doc umented flight experience that was obtained in compliance with applicable regulations would e nsure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of m otion picture filming (or similar operations), the PI C 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 PI C 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 requir ements 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 b e included in the total 25 hours of UAS rotorcraft time. Ina ddition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for28

currency p urposes). The FAA finds that at a minimum, the flight

- hour requir ements in Ex emption No. 11062 are appropriate to practice and build proficiency in the s kills necessary

t o safely c onduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in co mpliance with applicable regulations would satisfy this requirement. Training, pr oficiency , and experi ence - 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 PI C is required to operate the UA with appr opriate distances in accordance wi th 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Lockheed Martin MST will ensure safe operations b y not allowing an y P IC to operate the DJ I Phantom or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom or DJIInspire 1 UAS in a manner consistent with the exemption, including evasive and

em ergency

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 b y Sectio n 91.7(a) will be maintained because prior to every flight, Lockheed Martin MST will ensure that the DJ I Phantom or DJIInspire 1 UAS is in an airworth y 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, 1 1080, 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 b y Section 91.1 21 will be maintained because the altitude information of the DJ I Phantom and DJ I Inspire 1 UAs will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of th e flight path and altitude. This altitude information, co mbined with Lo ckheed Martin MST ’s operation of the DJ I Phantom and DJ I 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 ai rcraft. 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 circumstan ces 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 specif ications of the DJ I Phantom and DJ I Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Lockheed Martin MST will ensure that it will safely operate the battery

powered DJ I Phantom and DJ I 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 fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom and DJ I Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the pr oposed operations, will ensure an equivalent level of safet y esta blished by

14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom and DJ I In spire 1 UASs pr ovide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at app roximately 33% remaining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom Vision+ and DJ I Inspire 1 UASs will descend and land automatically

.30

Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y 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 minimum s 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 ci rcumstances similar, in all material respects, to those presented herein (e.g. Exempti on 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, Lo ckheed Martin MST submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Secti ons 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Loc kheed Martin MST will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and pract ices prescribed in the operating documents (i.e., DJ I Phantom and DJIInspire 1 Instruction and Maintenance Manual s ). Since the DJ I Phantom and DJIInspire 1 UASs will be inspected as prescribed by the operating documents, Lo ckheed 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 cop y of the DJ I Phantom and DJIInspire 1 User Manuals are attached hereto as Exhibit C and D. Likewise, the exemption sought will not advers el y affect safety because Lo ckheed Martin MST will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exempti on 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 DJ I Phantom and DJIInspire 1 UASs will be performed by trained technicians. A copy of the DJIInspire 1 Maintenance Manual is attached hereto as Exhibit E. Maintenance of the DJI Phantom is d escribed in the Phantom Advance User Manual, pages 11

- 12.31

Significantl y, previous exemptions granted b y 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 adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Lo ckheed Martin MST ’s proposed operating limitations, the operating documents , and the technical aspects of the DJ I Phantom and DJ I Inspire 1 UASs, Lo ckheed Martin MST submits that safet y 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 previousl y 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, Lo ckheed Mart in MST requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom and DJIInspire 1 UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safety

equivalent to that est ablished 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 purpo se 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 securit y; and further, provides the authority for such UAS to operate without airworthiness cert ification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Adm inistrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom and DJIInspire 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 fo llowing:32

If the FAA finds that the airworthiness regulations of this subchapter do not co ntain adequate or appropriate safet y standards for an aircr aft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft e ngine 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 s tandards for the aircraft, aircraft engine or propeller

as the FAA finds necessary t o establish a level of safet y equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordan ce with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may pr escribe special conditions for Lockheed Martin MST’s intended operation of the DJ I Phantom and DJIInspire 1 UASs, which contain such safet y standards that the Administrator finds necessary to e stablish 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 Reques t.** 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 o perate safel y in the NAS. As such, Lockheed Martin MST ’s request for exempt ion 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 securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Lo ckheed Martin MST will operate the DJ I Phantom and DJ I 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 Ref orm Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom and DJIInspire 1 UASs commerciall y, without an airworth iness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United State s. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advan cing the interests of the public, by allowing Lockheed Martin MST to safel y, efficientl y, and ec onomically operate the DJI Phantom and DJ I 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, Lo ckheed Martin MST respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Se ctions 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 Lo ckheed Martin MST to oper ate the DJ I Phantom and DJIInspire 1 UASs commercially for the purpose of conducting aerial video and photography over ce rtain 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.com35 **EXHIBITS**

EXHIBIT A DJIPhantom Specifications and Data Sheet EXHIBIT B DJIInspire 1 Specifications and Data Sheet EXHIBIT C DJIPhantom User Manual EXHIBIT D DJIInspire 1 User Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf EXHIBIT E DJIInspire 1 Maintenance Manual