1 January 25, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

Re: Petition of Southwest Res earch Institute for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Ac t of 2012 and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderniza tion and Reform Act of 2012 (“FMRA”) and 14 C.F.R. part 11, Southwest Research Institute (“ SwRI” or the “Institut e”) hereby petitions the Federal Aviation Administration (“FAA”) for relief from certain Federal Aviation Regulations to enable SwRI to operate unmanned aerial syst ems (“UAS”) for research and development (“R&D”) and aerial data collection. Because SwRI’s petition is simila r in all material respects to petitions that have previously been granted, Sw RI requests that the FAA summarily grant this Petition.

I. DESCRIPTION OF THE APPLICANT AND PROPOSED OPERATIONS
Southwest Research Institute® (SwRI®), headqu artered in San Antonio, Texas, is one of the oldest and largest independent, nonprofit, applied research and de velopment organizations in the United States. SwRI offers multidisciplinary, problem-solving services in a variety of areas in engineering and the physical scie nces. Historically, more than 4,000 projects are open at the Institute at any one time. These projects are funded almost equally be tween the government and commercial sectors. Indeed, SwRI conducts at least 50% of its project work for government agencies, including the Department of Transpor tation, Department of Energy, Department of Defense, and the National Institute of Science and Technology. SwRI intends to use UAS for both government and commercial projects. Duri ng fiscal year 2015, SwRI funded 88 internal research and development proj ects at a level of $13 million.

SwRI’s headquarters occupies more than 2 millio n square feet of office and laboratory space on more than 1,200 acres in San Ant onio. The Institute has technical offices and laboratories in Ann Arbor, Michigan; Beijing, China; Boulder, Co lorado; Hill Air For ce Base (Ogden), Utah; Hanover and Rockville, Maryland; Minneapolis, Minnesota; Oklahoma City, Oklahoma; Warner Robins, Georgia; and Durham, New Hampshire. SwRI’s 10 technical divisions offer a wide range of technical expertise and services in such areas as chemistry, space science, nondestructive evaluation, automation, engine desi gn, mechanical engineering, electronics and

more.
Authorization to operate UAS will enable SwRI to improve the work being done on existing projects and take on a wide range of new projects re lated to the development and customization of UAS. Specifically, SwRI in tends to use UAS for applicati ons such as (i) aerial data2 collection, including photography, videography, mapping, and monitori ng of projects as well as (ii) UAS-related research and development.

II. PUBLIC INTEREST BENEFITS
Grant of SwRI’s petition would be nefit the public interest in severa l key respects. First, because at least half of SwRI’s proj ect work is for government agencies, the UAS-related R&D SwRI intends to conduct will have a significant and di rect impact on the application of technology by agencies that are protecting or otherwise servi ng the public. Second, the ability to use UAS as a data collection tool will allow Sw RI to more efficiently gather da ta and aerial imagery, leading to more detailed and/or accurate results for its government and comm ercial clients. Third, SwRI’s efforts will help to advance the technological landscape of UAS on a broader scale, providing better technology to the i ndustry as a whole.
The advancement of UAS technology and the abili ty to safely, economically, and successfully use UAS for an increasing variety of applications yields direct and c ognizable public interest benefits. SwRI’s engineers specialize in taki ng basic, laboratory-prove n research and making it reliable, robust, safe, and cost-effective, there by providing state-of-the-art technology a viable path to widespread public use. In expandi ng its operations to incl ude UAS research and development, SwRI is focused on improving the technology, to the direct benefit of both the commercial and public domains.

III. AIRCRAFT
SwRI requests authorization for the following ai rcraft, all of which weigh less than 55 pounds including payload:

1. 3D Robotics DIY Quad 2. 3D Robotics DIY Y6 3. 3D Robotics Pixhawk 4. 3D Robotics Solo 5. 3D Robotics X8+ 6. 3D Robotics Y6 7. AeroVironment Switchblade 8. AirRobot AR100 9. Ascending Technologies Falcon 8 10. Ascending Technologies Firefly 11. Ascending Technologies Pelican 12. DJI Flamewheel 13. DJI Inspire 1 14. DJI Inspire 1 Pro 15. DJI Phantom 1 16. DJI Phantom 2 17. DJI Phantom 2 Vision 18. DJI Phantom 2 Vision Plus 19. DJI Phantom 3 Advanced 20. DJI Phantom 3 Professional3 21. DJI Phantom 3 Standard 22. DJI Spreading Wings S900 23. DJI Spreading Wings S1000 24. DJI Spreading Wings S1000+ 25. Intuitive Aerial Aerigon 26. Leptron RDASS 1000 27. Parrot AR.Drone 28. Parrot Bebop 29. Parrot Rolling Spider 30. Precisionhawk Lancaster 31. SenseFly eBee 32. SenseFly Swinglet CAM

IV. OPERATING PARAMETERS
SwRI will abide by the following operating parameters:

1. UAS must be operated at an altitude no greater than 400 feet above ground level (“AGL”) at ground speeds no greater than 87 knots.

2. UAS operations must be conducted by a p ilot-in-command (“PIC”) holding either an airline transport, commercial, private, recr eational or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia , Puerto Rico, a territo ry, a possession, or the Federal government.

3. UAS must be operated within visual line-of- sight (“VLOS”) of the PIC at all times. Operations must be conducted under visual meteorolog ical conditions.

4. SwRI may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under SwRI’s exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.

5. SwRI is responsible for maintaining and insp ecting the UAS to ensure that it is in a condition for safe operation. Prior to each f light, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight.

6. All operations must be conducted over private or controlled-access property in areas that fall under the FAA’s jurisdiction with permi ssion from the property owner/controller or authorized representative.

7. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agr eement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder.4 8. SwRI must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for each of its aircraft and aircraft components and comply with all manufacturer safety bulletins.

9. The UAS must give way to all manned aviation operations and activities. In the event of unpredicted obstacles and emergencies, the PIC must abort the flight.

10. Operations must be conducted in accordan ce with an Air Traffic Organization (ATO)- issued certificate of authorization (COA).

V. REQUEST FOR SUMMARY GRANT
SwRI requests that the FAA issue a summary grant of this Petition. As the foregoing demonstrates, the reasons SwRI is requesting an exemption and the circumstances under which it seeks to operate are similar in all material respects to Grants of Exemption Nos. 11062 to Astraeus Aerial (Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. (Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC (Docket No. FAA

− 2014

− 0382), 11213 to Aeryon Labs, Inc. (Docket No. FAA

− 2014

− 0642), and 12645 to Allied Drones (Docket No. FAA-2014-0804), in which the FAA determined that the proposed UAS operations were in the public interest, and granted the relief necessary to enable those operations. SwRI will operate under the parameters described in Section IV and will use aircraft that will achieve a level of safety comparable to that proposed by these and other petitioners that have received Section 333 exemptions. The FAA therefore should afford expedited treatment to SwRI, and grant this Petition in accordance with its summary grant procedures.

VI. APPLICANT CONTACT INFORMATION
The contact information for the applicant is:
Monica Trollinger Deputy General Counsel Southwest Research Institute 6220 Culebra Road San Antonio, Texas 78238-5166 (210) 522-6024 mtrollinger@swri.com

VII. SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH APPLICANT SEEKS EXEMPTION
SwRI requests exemption from the following Fe deral Aviation Regulations to the extent necessary to enable the re quested UAS operations:
14 C.F.R. §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a);5 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b).

Below, SwRI provides an analysis of each re gulatory provision from which exemption is requested.

A. 14 C.F.R. §§ 61.23(a) and (c) Medical certificates: Requirement and duration; 14 C.F.R. §§ 61.101(e)(4) and (5) Recreational pilot privileges and limitations; 14 C.F.R. §§ 61.113(a) Privat e pilot privileges and limitations; 14 C.F.R. § 61.315(a) What are the priv ileges and limits of my sport pilot certificate.
Because SwRI’s UAS will not carry a pilot or passengers, the pr oposed operations can achieve the equivalent level of safety by requiring the PIC operating the aircraft to have either an airline transport, commercial, private, recreational or sp ort pilot certificate as well as either a current FAA airman medical certificate or a valid U.S. driver’s license. Unlike a conventional aircraft that carries the pilot and, pot entially, passengers, UAS are remo tely controlled with no living things on board. The level of safety provided by the operating parameters exceeds that provided by a single individual holding a co mmercial pilot’s certificate opera ting a conventional aircraft. The risks associated with the operation of UAS are so diminished from the level of risk associated with commercial operations that wa s contemplated by Part 61 when it was drafted, that allowing operations of the UAS as requested with an individual that holds a private pilot’s license as the PIC exceeds the present level of sa fety achieved by the above cited rule sections. The FAA issued an exemption to this regul ation in Grant of Exemption No. 11210, among others.

B. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness
SwRI seeks an exemption from 14 C.F.R. § 91.7(a) , which requires that a civil aircraft be in airworthy condition to be operated. As there will be no airworthiness certificates issued for the UAS, approval of this exemption should be gran ted because no FAA regulatory standards exist for determining airworthiness. Given the size of SwRI’s UAS and the operating requirements listed herein, an equivalent level of safety to this rule will be achieved. The FAA has issued an exemption to this rule in Exemption No. 11911, among others.

C. 14 C.F.R. § 91.119(c) Minimum safe alti tudes over congested and other areas
Section 91.119(c) establishes safe altitudes for operation of civil aircraft over areas other than congested areas. SwRI requests relief from this section with respect to those participating persons, vehicles, and structures directly i nvolved the UAS operations. The UAS will never operate at higher than 400 feet AGL. Relief from this provision is warranted as operations will6 be conducted with the safety provisions as outlined herein. The FAA issued an exemption to this regulation in Grant of Exemption No . 11062, among others.

D. 14 C.F.R. § 91.121 Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the depa rture airport or an appropriate altimeter setting available before departure.” Th is requirement is inapplicable to SwRI’s UAS, which do not utilize an altimeter. SwRI’s UAS rely on a digital barometric sensor and/or GPS altitude readout. To the extent that an exempti on from this requirement is necessary, SwRI notes that an equivalent level of safety will be achie ved by the operator using these sensors to confirm the altitude of the launch site be fore flight. The FAA issued an exemption to this regulation in Grant of Exemption No. 11166, among others.

E. 14 C.F.R. § 91.151(a)(1) Fuel requirements for flight in Visual Flight Rules (“VFR”) conditions
Section 91.151(a)(1) prohibits an individual from beginning “a fli ght in an airplane under VFR conditions unless (considering wi nd and forecast weather conditions ) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes.” Operating small UAS in controlled areas do not engender the type of risks that § 91.151(a)(1) was intended to alle viate given the size and speed of the UAS. The FAA issued an exemption to th is regulation for UAS op erations in Grant of Exemption No. 11204, among others.

F. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(1) Operation after maintenance, preven tive maintenance, rebuilding or alteration; 14 C.F.R. §§ 91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance records
These regulations require that an aircraft operator or owner “shall ha ve that aircraft inspected as prescribed in subpart E of this part and shall between required inspections , except as provided in paragraph (c) of this section, have discrepancie s repaired as prescribed in part 43 of this chapter...,” and others shall in spect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to SwRI. Maintenance will be accomplished by the operator pursuant to the manufacturer’s requirements. An equivalent level of safety will be achieved because SwRI’s UAS are very limited in size, will carry a small payload, and will operate only in controlled areas for limited periods of time. If mechanical issues arise, the PIC will attempt to land the aircraft as quickly as possible and giving preference to landing locations where injury to person and property can be minimized. As the fli ght ceiling of the UAS is less than or equal to 400 feet AGL, the time required to land the aircra ft will not be substantial. The operator will ensure that the UAS is in working order prior to initiating flight. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivale nt level of safety. The FAA issued an exemption to these regulations in Grant of Exemption No. 11062, among others.7 G. Such other relief as the FAA deems a ppropriate to enable the requested operations.
SwRI also requests exemption from such other relief as the FAA de ems appropriate to enable the requested operations. If, during th e effective dates of any Grant of Exemption issued pursuant to this Petition, the FAA issues interim or final rules for small UAS, SwRI requests that it be relieved of the requirements of any conditions an d limitations of said exemption and allowed to comply with any less burdensome applicable re gulations that may have become effective.

VIII. FEDERAL REGISTER SUMMARY
If the FAA determines that summary grant is not appropriate in this case, below is a summary of the petition for publication in the Federal Register.

Name of Petitioner : Southwest Research Institute

Sections of 14 C.F.R. Affected : 14 C.F.R. §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C. F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b).

Description of Relief Sought : Petitioner seeks relief from the requirements of 14 C.F.R. §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) a nd (5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b) to enable the operation of small unmanned aircraft systems to conduct research and development and collect aerial data.

IX. CONCLUSION
For the foregoing reasons, SwRI respectfully requests that the FAA grant this Petition for exemption and enable SwRI to operate UAS to ai d its research and development projects. Grant of this Petition is consistent with the FMRA and would help fulfill Congress’s mandate to integrate civil UAS into the national airspace system.

Please do not hesitate to contac t SwRI’s outside counsel, Katy M. Ross of Wiley Rein LLP, at 202-719-7410 or kmross@wileyrein.com , and Sara M. Baxenberg of Wiley Rein LLP, at 202- 719-3755 or sbaxenberg@wileyrein.com , with any questions about this filing.
Respectfully Submitted,

/s/ Monica Trollinger Monica Trollinger Deputy General Counsel Southwest Research Institute 6220 Culebra Road8 San Antonio, Texas 78238-5166 (210) 522-6024