1 

April 30, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

Re: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the 

Federal Aviation Regulations, Seeking Exemption from 14 C.F.R. Part 21 Subpart 

H; 14 C.F.R. § 21.191(a); 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. §§ 

61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 61.113(a) and (b); 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). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 

C.F.R. Part 11, Qualcomm Technologies, Inc. (“Qualcomm” or “Petitioner”) hereby applies for 

an exemption from the listed Federal Aviation Regulations (“FARs”) and any other necessary 

regulations to allow operation of its small Unmanned Aircraft Systems (“UAS”) for research and 

development (“R&D”) of technologies to improve UAS functionality, on the condition that 

Qualcomm’s wholly experimental operations are conducted pursuant to the detailed parameters 

described herein. Qualcomm requests such authorization to conduct outdoor R&D focusing on 

important issues for the development of UAS, such as flight control algorithms, communications 

links, and particularly the use of terrestrial long-term evolution (“LTE”) mobile broadband 

technology for reliable wireless communications to and from UAS. Qualcomm’s R&D work 

will enable Qualcomm to validate its algorithms and pursue work to improve UAS 

communications links. The R&D will also explore potential use of terrestrial wireless networks 

to provide UAS command, control and payload capabilities that employ the very best in state-ofthe-art LTE mobile broadband technology. Through this testing, Qualcomm will gather 

information that helps to advance the FAA’s goals of integrating safe, advanced and efficient 

UAS operations into the National Airspace System (“NAS”). 

Qualcomm, a wholly owned subsidiary of Qualcomm Incorporated (“Qualcomm Inc.”), operates 

at the forefront of mobile technology. Over the past several decades, Qualcomm has 

revolutionized mobile technology through its innovations, including originally developing 2G 

and 3G technology based on Code Division Multiple Access (“CDMA”) to enable the first forms 

of wireless broadband communications over cellular phones and other devices and creating 

microprocessors that offer mobile users unparalleled speed and efficiency in transmitting data. 

More recently, Qualcomm has been a leader in developing LTE and incorporating this 4G 

technology into its chipsets powering mobile devices here in the U.S. and around the world. The 

enormous growth of the wireless communications industry is based in large part on Qualcomm’s 

technological solutions. And now, Qualcomm seeks to bring the innovations that built the 

modern wireless communications industry into the growing UAS sector and help to pioneer the 

future of UAS flight control technology. 
2 

Qualcomm, like the FAA, is “committed to the safe and efficient integration of UAS into the 

NAS” and wants “this emerging technology to safely achieve its full potential.”1

 And, as the 

more than nine hundred submitted Section 333 exemption petitions have demonstrated, there is a 

rapidly growing demand for UAS services and applications across countless industries, including 

agriculture, public utilities, cinematography, insurance, railroads, and real estate. These 

petitioners want to use UAS to take aerial photographs, make films, inspect infrastructure, 

improve agriculture, create maps, survey land, evaluate insurance claims, and deliver retail 

goods. Most of these same industries also rely heavily on wireless broadband communications, 

including the technologies developed by Qualcomm and incorporated into its chipsets. 

Qualcomm can play a pivotal role in realizing the FAA’s goals and unlocking the immeasurable 

potential of UAS by implementing new technologies that optimize UAS for functionality, 

efficiency, and safety. The R&D proposed herein will enable Qualcomm, under safe conditions 

that present no harm to aviation or the public, to validate its algorithms and perfect its flight 

control technologies so that it may offer these safe and tested innovations to consumers. 

Qualcomm’s goal is to ensure that the UAS industry, using technologies developed by 

Qualcomm Inc., will be able to safely, efficiently, and more quickly address all of the societal 

needs that UAS have the potential to fulfill while maintaining the existing level of safety in the 

NAS. 

Beyond the numerous benefits that Qualcomm’s technologies will bring to the UAS industry and 

the general public, Qualcomm’s own proposed testing has the benefit of being conducted in safe 

and controlled environments. Qualcomm will use testing sites that are outside densely populated 

areas, controlled as to public access, and selected to ensure no risks to members of the general 

public. The testing sites also will not be near conflicting facilities such as airports. The airspace 

used will be limited to Class G airspace and UAS flights will be restricted to no higher than 400 

feet above ground level (“AGL”).2

 

It would not be practical to use one of the established FAA test sites because of their distance 

from Qualcomm’s R&D facilities in San Diego, California, and because they do not provide the 

necessary conditions for the types of testing contemplated by Qualcomm. The nearest FAAapproved UAS test site to Qualcomm’s research facilities is the Nevada site, which is more than 

350 miles away. Qualcomm depends on the expertise and collaboration of its engineers to make 

major technological developments, and having these innovators in close proximity to the testing 

is essential for success. Qualcomm can conduct its R&D more efficiently, effectively, and 

economically by having the tests occur in close proximity to Qualcomm and Qualcomm 

Research, its corporate research and development division. 

 

1

 Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap 5 

(2013), available at http://www.faa.gov/uas/media/uas_roadmap_2013.pdf. 

2

 Qualcomm notes that the FAA has a policy of issuing Certificate of Waiver or Authorization (“COA”) to 

Section 333 exemption holders for flights at or below 200 feet. If this petition is granted, Qualcomm will operate 

below 200 feet in accordance with the terms of this “blanket” exemption. Qualcomm plans to file for a separate 

COA to operate at its specific test sites for flights over 200 feet. 
3 

Accordingly, the FAA’s grant of this exemption services the goals of advancing UAS 

capabilities in the United States consistent with ensuring safety for manned aircraft and the 

public. 

I. REQUEST FOR SUMMARY GRANT 

The FAA can issue a summary grant when it finds it has already granted a previous exemption 

similar to the new request. As described in detail below, Qualcomm is requesting to use a small 

UAS for outdoor R&D. The FAA has issued grants of exemption in circumstances similar in all 

material respects to those presented in this petition in Grants of Exemption Nos. 11311 to Next 

Generation Aviation Services, L.L.C. (see Docket No. FAA-2014-1055), 11315 to The Climate 

Corporation and Precision Planting, LLC (see Docket No. FAA-2014-1037), and 11290 to 

Amazon.com (see Docket No. FAA-2014-0474). In these grants, the FAA found that the 

enhanced safety achieved using an unmanned aircraft with the specifications described by the 

petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly 

greater proportions, carrying crew in addition to flammable fuel, gave the FAA good cause to 

find that the UAS operation enabled by the exemptions were in the public interest. The reasons 

stated by the FAA for granting Exemption Nos. 11311, 11315, and 11290 also apply to the 

situation Qualcomm presents and a grant of this exemption is in the public interest. 

II. REQUEST FOR EXEMPTION TO USE UAS FOR RESEARCH AND 

DEVELOPMENT AT QUALCOMM’S TEST SITES 

A. Overview of Request to Use UAS for R&D at Qualcomm’s Test Sites. 

Qualcomm’s UAS testing will further two main areas of research. The first relates to UAS 

functionality and safety measures. Qualcomm is developing manned and unmanned flight 

control algorithms, which run on Qualcomm’s Snapdragon processors. Snapdragon processors 

are used today in a wide variety of wireless devices. These algorithms utilize proprietary control 

and computer vision engines running on custom test vehicles capable of flight and ground 

roving. These algorithms enable various activities including autonomous navigation, obstacle 

avoidance, waypoint to waypoint navigation, landing zone determination, stabilized hovering, 

and sensor aided dead reckoning, among others. Improving the technology used to conduct these 

activities has huge positive implications for safety and performance in the UAS industry. As 

such, one aim of the UAS testing that this exemption would provide is to validate these 

implementations and achieve the desired functionality and performance for operations in the 

NAS. 

A second focus of Qualcomm’s testing involves another crucial aspect of commercial UAS use – 

the communications link. A reliable, robust, and efficient communications link is an essential 

component of safe UAS operations. “Lost link” scenarios can present serious safety concerns, 

especially in unmanned operations. Qualcomm’s testing will focus on various metrics to 

measure the quality of the communications link to and from UAS in a range of operating 

environments, which will help Qualcomm improve UAS-operator communications and thus have 

a tremendous positive impact on the safety of UAS operations. 
4 

Given the benefits of testing, Petitioner requests an exemption to conduct its R&D on property 

owned or leased by Qualcomm that is not open to public access and is restricted to its employees 

or consultants. Qualcomm will maintain controls so that the testing is conducted safely and 

without risk to the safety of the public. The sites will be located in either unpopulated areas or 

areas closed to the public and controlled as to access. They will be at least five nautical miles 

from the nearest airport and a sufficient distance away from densely populated areas and U.S. 

government installations or airfields. UAS flights will occur only in Class G airspace at altitudes 

of 400 feet or less AGL following submission of a Notice to Airmen (“NOTAM”),3 and 

Qualcomm will use geo-fencing to ensure that its UAS remain within these boundaries. Testing 

at these sites will enable Qualcomm to conduct important R&D related to its innovative 

technologies. 

B. Public Interest Benefits of Permitting Use of UAS for R&D. 

Granting Qualcomm’s request to use UAS for R&D is decidedly in the public interest, as the 

testing creates tremendous benefits for the future of UAS without hazard to the public. Given 

the test site parameters and flight limitations, Qualcomm’s testing will not present a physical 

hazard to people on the ground below or aircraft in the NAS. As mentioned above, the test sites 

will be located in either unpopulated areas or areas controlled as to access, with flights occurring 

within predefined airspace surrounded by geo-fencing. Pilots operating the UAS will adhere to 

rigorous operational parameters and qualification requirements. Finally, the proposed operations 

pose no credible threat to national security due to UAS size, speed, location of operation, lack of 

explosive materials or flammable jet fuels, and inability to carry a substantial external load. 

In addition to presenting no hazard, Qualcomm’s testing will create immense public benefits. 

The ability of Qualcomm to validate and implement its flight control algorithms directly 

advances Congress’s goal of integrating civil UAS into the NAS quickly and safely. Once 

Qualcomm can perfect its UAS technologies and introduce them to the market, the UAS that 

enter U.S. airspace will be more functional, efficient, and safe. Flight control systems equipped 

with Qualcomm processors will provide an unparalleled level of performance, bringing the 

industry closer to achieving its full potential. The public benefits of these technological 

developments are immeasurable, and will flow from such diverse operations as retail deliveries 

for consumers, safer ways to maintain infrastructure and conduct inspections, unmatched aerial 

imagery, and enhanced public safety. 

Finally, Qualcomm is willing to share the results of its testing with the FAA on a confidential 

basis. Qualcomm will have unique insights into UAS flight control algorithms, communications 

links, and the use of terrestrial long-term evolution (“LTE”) networks. The results of 

Qualcomm’s testing may be useful to the FAA as the agency promulgates UAS rules and benefit 

the development of the commercial UAS industry as a whole. An FAA grant of Qualcomm’s 

exemption request will result in numerous cognizable benefits and is certainly in the public 

interest. 

 

3

 Qualcomm notes that the NOTAM may cover flights at a site on a continuous basis for a stated period of 

testing. 
5 

III. THE FAA’S LEGAL AUTHORITY TO GRANT THIS EXEMPTION REQUEST 

Congress passed Section 333 of the FMRA to provide an avenue for safe UAS operations to 

begin more quickly than regulatory procedures would generally allow. This provision directs the 

Secretary of Transportation to consider whether certain UAS may operate safely in the NAS 

before completion of the rulemaking required under Section 332 of the FMRA. The Secretary is 

required to determine which types of UAS do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the UAS’s size, weight, speed, and 

operational capability and whether operation will occur near airports or populated areas and 

within the visual line of sight of the operator.4

 The FMRA illustrates Congress’s intent to have 

the FAA issue exemptions and allow civil UAS to operate in the NAS, subject to conditions and 

parameters that ensure safe operation. 

In addition, the Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, which includes UAS, from the requirement that all civil aircraft must 

have a current airworthiness certificate. The Administrator may grant an exemption from a 

requirement of a regulation prescribed under §§ 44701(a) or (b) or in §§ 44702-44716 of the Act 

if the Administrator finds the exemption in the public interest.5

 An FAA grant of Qualcomm’s 

exemption request is therefore squarely within the FAA’s legal authority and would have the 

benefit of advancing Congress’s goals in passing Section 333. 

IV. APPLICATION INFORMATION 

The name and address of the applicant are: 

Qualcomm Technologies, Inc. 

Paul Guckian 

Vice President, Engineering 

5775 Morehouse Drive 

San Diego, CA 92121 

pguckian@qualcomm.com

(858) 651-1547 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 Subpart H; 

14 C.F.R. § 21.191(a); 

14 C.F.R. § 45.23(b); 

14 C.F.R. § 45.27; 

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) and (b); 

 

4

 FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat. 75-76 (codified as a Note to 49 

U.S.C. § 40101). 

5

 49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1). 
6 

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). 

V. THE AIRCRAFT: SPECIFICATIONS AND CONDITIONS 

Qualcomm specifically proposes to conduct its R&D operations using UAS of its own design. 

Qualcomm’s UAS is a custom-built multi-rotor aircraft that uses the DJI Flamewheel F450 

airframe. Qualcomm has outfitted the Flamewheel airframe with an APM:Copter basic motor 

and an 11.8V LiPo battery, which facilitates up to 10 to 13 minutes of flight time with payloads 

under 1200 grams. The UAS uses the ESC 20 Amp electronic speed controller with SimonK, 

further equipped with Qualcomm chips, which incorporate the latest wireless technology. 

Further details about the UAS are available in the Operations Manual, which Qualcomm submits 

under separate cover and with a request for confidential treatment.6

Qualcomm may also wish to use aircraft with comparable characteristics and safety features. 

Qualcomm agrees that any UAS it uses for R&D will include, at minimum: geo-fencing at a 

maximum ceiling of 400 feet AGL, flight programming capabilities, a flight termination link 

available to the operator to prevent a “fly away,” and safe abort procedures. The UAS will also 

have the capability of performing an operation such as return-to-launch if a failsafe is triggered 

due to lost ground control station signal, lost GPS lock, lost R/C transmitter signal, and low 

battery. The UAS will have markings identifying the serial number and identification (Nnumber) as large as practicable. Any UAS to be used will weigh less than 55 pounds including 

energy source(s) and equipment. 

VI. OPERATING PARAMETERS FOR UAS USE AT QUALCOMM’S TEST SITES 

Qualcomm proposes that its exemption request apply to civil UAS that have the characteristics 

and operate with the limitations listed herein. These limitations provide for at least an equivalent 

or even higher level of safety to operations under the current regulatory structure because the 

proposed operations represent a safety enhancement to the already safe operations conducted 

with conventional aircraft. Further details about the UAS and operating procedures are available 

in the Operations Manual. 

The limitations and conditions to which Qualcomm agrees to be bound when using UAS to 

conduct R&D at Qualcomm test sites under an FAA-issued exemption include: 

 

6

 Petitioner submits its Operations Manual as a Confidential document under 14 C.F.R. § 11.35(b) as it 

contains proprietary information that Petitioner has not and will not share with others. The document contains 

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

Freedom of Information Act, 5 U.S.C. § 552. 
7 

A. UAS Pilot and Observer 

1. The UAS R&D flights will be conducted by a pilot-in-command (“PIC”) 

holding either an airline transport, commercial, private, recreational, or 

sport pilot certificate.7

 The PIC must also hold a current FAA airman 

medical certificate or a valid U.S. driver’s license. 

2. All UAS R&D flights must utilize a visual observer (“VO”). 

3. The PIC and VO must be able to communicate verbally at all times. 

4. Prior to the outdoor R&D flights, the pilot must have logged a minimum 

of five hours as UAS pilot operating the make and model of UAS to be 

utilized for operations under the exemption and three take-offs and three 

landings in the preceding 90 days. 

a. Training, proficiency, and experience-building flights can also be 

conducted under the FAA’s grant of exemption to accomplish the 

required flight cycles and flight time. 

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

persons not essential for flight operations are considered 

nonparticipants, and the pilot must operate the UAS with 

appropriate distance from nonparticipants in accordance with 14 

C.F.R. § 91.119. 

5. Prior to any R&D flight authorized by this grant of exemption, the PIC 

and VO must have successfully completed a qualification process, as 

outlined in the Operations Manual. 

a. The qualification process will be developed and implemented by a 

qualified person designated at the sole discretion of Qualcomm. 

b. A record of completing of this qualification process must be 

documented and made available to the Administrator upon request. 

B. R&D Parameters. 

1. Aircraft will not carry pilots or passengers, and aircraft will not carry 

explosive materials or flammable liquid fuels. 

2. UAS must be operated within visual line of sight of the pilot at all times. 

3. UAS may not be flown at ground speeds exceeding 87 knots. 

 

7

 Qualcomm will document its experience in using a licensed pilot during its tests and, based on its findings, 

may seek authority from the FAA to waive or alter the licensed pilot requirement for future Qualcomm tests. 
8 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. Each UAS R&D flight will be conducted with a reserve that allows the 

aircraft to reach a pre-designated safe landing zone and have at least five 

minutes of battery power remaining. 

6. UAS will not be operated over any person (other than participating 

Qualcomm personnel) below an altitude that is hazardous to persons or 

property on the surface in the event of a UAS failure or emergency. 

a. The Operator’s Manual includes safety mitigations for authorized 

and consenting Qualcomm personnel. 

b. Operations will be conducted as far as practicable from nonparticipating persons. 

7. The UAS will abort the flight in the event of emergencies in accordance 

with the Operations Manual. 

8. The operator must obtain an Air Traffic Organization (“ATO”) issued 

Certificate of Waiver or Authorization (“COA”) prior to conducting any 

operations under this grant of exemption. 

a. This COA will also require the operator to request a NOTAM not 

more than 72 hours in advance, but not less than 48 hours prior to 

the operation. 

9. R&D operations will be limited to the test site(s) meeting the criteria 

described herein. 

10. The UAS pilot will establish a working relationship with a representative 

at the local Flight Standards District Office (“FSDO”) with which to 

periodically review safety procedures and other operations to further 

enhance safety. The operator will submit a written Plan of Activities to 

the local FSDO at least 48 hours prior to conducting R&D operations, or 

less at the concurrence of the FSDO. The Plan of Activities will include: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS and for the 

person responsible for on-site operations; 

c. Make, model, and serial or N-number of UAS; 

d. Name and certificate number of pilot(s); 

e. Signature of exemption holder or representative; 
9 

f. Description of flight activity, including maps/diagrams of area 

over which operations are occurring and essential altitudes. 

11. The documents required under 14 C.F.R. § 91.9 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is 

operating. These documents must be made available to the Administrator 

or any law enforcement official upon request. 

12. The UAS must 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.). 

13. Qualcomm will ensure safety to first responder aircraft and helicopter 

traffic, and all other aircraft. Upon notification from manned aircraft 

controllers or through visual identification of manned aircraft, Qualcomm 

will immediately suspend the UAS flight until the airspace is cleared. 

14. 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”). Flights under special visual flight 

rules (“SVFR”) are not authorized. 

15. The UAS may not be operated by the PIC from any moving device or 

vehicle. 

16. The UAS 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. 

17. The UAS may not operate in Class B, C, or D airspace without approval 

from the FAA. The UAS may not operate within 5 nautical miles of the 

geographic center of a non-towered airport as denoted on a current FAApublished aeronautical chart unless an agreement with that airport’s 

management is obtained, and the operation is conducted in accordance 

with a NOTAM as required by the Operator’s COA. The letter of 

agreement with the airport management should be made available to the 

Administrator upon request. 

18. Altitude information will be provided to the UAS pilot via a digitally 

encoded telemetric data feed, which downlinks from the aircraft to a 

ground-based on-screen display. The UAS may have a GPS altitude 

readout. Prior to each flight, a zero altitude initiation point will be 

established and confirmed for accuracy by the PIC. 
10 

19. Any incident,8

 accident,9 or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable 

COA must be reported to the FAA’s UAS Integration Office (AFS-80) 

within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (“NTSB”) per instructions contained on the 

NTSB Web site: www.ntsb.gov. Further flight operations may not be 

conducted until the incident, accident, or transgression is reviewed by 

AFS-80 and authorization to resume operations is provided. 

C. Operations Manual. 

1. The operator must follow the procedures as outlined in its Operations 

Manual. 

2. The Operations Manual must be maintained and made available to the 

Administrator upon request. 

D. Pre-Flight Inspections and Maintenance. 

1. Prior to each flight, pilot will inspect UAS to ensure it is in condition for 

safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft will be prohibited from operating until 

the necessary maintenance has been performed and the UAS is found to be 

in a condition for safe flight. 

a. The preflight inspection must account for all discrepancies not 

covered in the relevant preflight inspection sections of the 

Operations Manual (i.e. inoperable components, items, or 

equipment). 

2. All maintenance and alterations will be properly documented in the 

aircraft records. 

3. Any UAS that undergoes maintenance or alterations that affect the UAS 

operation or flight characteristics will undergo a functional flight test in 

accordance with the Operations Manual. 

4. Petitioner will institute a maintenance program to ensure airworthiness of 

UAS as described in the Operations Manual. The operator will follow the 

 

8

 The FAA uses NTSB’s definition of accident and incident. “Incident means an occurrence other than an 

accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.” 49 CFR 

§ 830.2. 

9

 “Aircraft accident means an occurrence associated with the operation of an aircraft which takes place 

between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, 

and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage. For 

purposes of this part, the definition of ‘aircraft accident’ includes ‘unmanned aircraft accident,’ as defined herein. 

Id. 
11 

manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

5. Operator will develop 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 

UAS. These procedures will be added to the Operations Manual. 

6. Operator will develop UAS technician qualification criteria. These criteria 

will be added to the Operations Manual. 

VII. SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS AN 

EXEMPTION 

Qualcomm requests exemption from the following Federal Aviation Regulations (“FARs”) to the 

extent necessary to enable the requested UAS operations for the reasons detailed below. 

A. 14 C.F.R. Part 21 Subpart H including 14 C.F.R. § 21.191(a) Experimental 

certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates. Given the size and limited operating area associated with 

the aircraft to be utilized, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act10 and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. In 

all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the proposed environments and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with 

an airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder will weigh less than 55 pounds with payload, carry neither a 

pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate 

exclusively within the parameters stated in the Operations Manual. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the operator 

and under the requirements and in compliance with local public safety requirements, to provide 

security for the area of operation. The FAA will have advance notice of all operations via 

NOTAMS. Finally, the UAS, as a result of its size, weight, speed, operational capability, and 

operation within visual line of sight does not create a hazard to users of the national airspace 

system or the public or pose a threat to national security. 

Petitioner also seeks relief from the requirements of 14 C.F.R. § 21.191(a) regarding 

experimental certificates for the same reasons as listed above. Given the size and limited 

 

10 49 U.S.C. § 44701(f). 
12 

operating area of the UAS to be used by Qualcomm, an exemption from this provision meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. 

B. 14 C.F.R. § 45.23(b) Display of marks; general; 14 C.F.R. § 45.27 Location of 

marks; non-fixed wing aircraft 

Section 45.23(b) requires markings in letters not less than 2 inches nor more than 6 inches high 

the word “experimental,” as applicable. Section 45.27 requires that 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. 

Given the size of the UAS, two-inch lettering will not be feasible. The UAS will also have no 

entrance to the cabin, cockpit, or pilot station on which the word “experimental” can be placed. 

The word “experimental” will be displayed on the aircraft, as applicable, in letters of legible size, 

in a location where the pilot, observer, and others working with the UAS will see the 

identification. The FAA has issued exemptions to § 45.23 in Exemptions Nos. 10700, 8738, 

10167, 10167A, and 11062. The FAA issued an exemption to 45.27 in Exemption No. 8496B. 

C. 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) and (b) Private pilot privileges and limitations; 14 C.F.R. § 

61.315(a) What are the privileges and limits of my sport pilot certificate. 

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations under the above-mentioned rules by requiring the 

PIC operating the aircraft to hold either an airline transport, commercial, private, recreational or 

sport pilot certificate and a current FAA airman medical certificate or a valid U.S. driver’s 

license.11 The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in the Operations Manual. The level of safety provided by 

the requirements included in the Operations Manual exceeds that provided by a single individual 

holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated 

with the operation of the UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the 

UAS as requested with a private, recreational, or sport pilot as the PIC exceeds the present level 

of safety achieved by the above rule sections. The FAA issued an exemption to this regulation in 

Exemption No. 11310, among others. 

D. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness 

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is 

required to the extent that the requirements of Part 21 are waived or found inapplicable. 

 

11 As mentioned in note 6, Qualcomm’s real-world experience testing UAS may impact Qualcomm’s view of 

the necessity of using a licensed pilot. If Qualcomm revisits this issue with the FAA, Qualcomm will define 

safeguards to ensure that an equivalent level of safety can be achieved using non-licensed pilots. 
13 

Accordingly, Petitioner requests that the requirements for Section 91.7 be treated in accordance 

with Section VI(A), supra. 

E. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas 

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over areas other than 

congested areas. Qualcomm requests relief from this section with respect to those participating 

persons, vehicles, and structures directly involved with R&D. The UAS will never operate at 

higher than 400 AGL. It will be operated in a restricted area, where buildings and people will not 

be exposed to operations without their pre-obtained consent. Relief from this provision is 

warranted as operations will be conducted with the safety provisions as outlined herein and in the 

Operations Manual. The FAA issued an exemption to this regulation in Exemption No. 11062. 

F. 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 departure airport or an appropriate 

altimeter setting available before departure.” As the UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Operations Manual, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. The FAA issued an exemption 

to this regulation in Exemption No. 11062. 

G. 14 C.F.R. § 91.151(a)(1) Fuel requirements for flight in VFR conditions 

Section 91.151 (a)(1) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes.” 

Complying with the 30 minute reserve requirement in 14 C.F.R. § 91.151(a)(1), would 

unnecessarily limit the length of Qualcomm’s UAS flights. Given the limitations on the UAS’s 

proposed flight area and the location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight conditions is reasonable. Operating the small UAS, in a 

tightly controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed does not engender the type of risks that § 91.151(a)(1) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS 

flight minutes would reduce the utility of the flights for R&D for which the exemption will be 

granted. Qualcomm believes that an equivalent level of safety can be achieved by maintaining a 

reserve that allows the aircraft to reach a pre-designated safe landing zone and have at least five 

minutes of battery power remaining. The FAA issued an exemption to this regulation in 

Exemption No. 11062 and 10673. 

H. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(1) Operation 

after maintenance, preventive 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 
14 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect 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 the Petitioner. Maintenance will be accomplished by the operator 

pursuant to the Operations Manual. An equivalent level of safety will be achieved because this 

small UAS is very limited in size, will carry a small payload, and will operate only in restricted 

areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and 

will be operating from no higher than 400 feet AGL. As provided in the Operations Manual, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. 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 equivalent level of safety. The FAA issued an exemption to these regulations in 

Exemption No. 11062. 

I. Such other relief as the FAA deems appropriate to enable the requested 

operations. 

Qualcomm also requests exemption from such other FARs as the FAA deems appropriate to 

enable the requested operations. If, during the effective dates of any Grant of Exemption issued 

pursuant to this Petition, the FAA issues interim or final rules for small UAS, Qualcomm 

requests that it be relieved of the requirements of any conditions and limitations of said 

exemption and allowed to comply with any less burdensome applicable regulations that may 

have become effective. 

VIII. SUMMARY TO BE PUBLISHED IN FEDERAL REGISTER 

Petitioner: Qualcomm Technologies, Inc. 

Sections of 14 C.F.R. Affected: Part 21 Subpart H; § 21.191(a); § 45.23(b); § 45.27; §§ 61.23(a) 

and (c); §§ 61.101(e)(4) and (5); §§ 61.113(a) and (b); § 61.315(a); §91.7(a); § 91.119(c); § 

91.121; § 91.151(a)(1); § 91.405(a); § 91.407(a)(1); §§ 91.409(a)(1) and (2); §§ 91.417(a) and 

(b). 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. Part 21 

Subpart H; 14 C.F.R. § 21.191(a); 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 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) and (b); 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); and 14 C.F.R. §§ 91.417(a) and (b) to conduct small unmanned aircraft systems (UAS) 

research and development operations subject to operating procedures that meet or exceed those 

that FAA requires for similar operations. 
15 

IX. CONCLUSION 

Satisfaction of the criteria provided in Section 333 of the FMRA regarding size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of 

sight, and national security, provide more than adequate justification for the grant of the 

requested exemption allowing operation of Petitioner’s UAS for R&D related to development of 

UAS flight control technologies pursuant to the Operations Manual. 

Finally, Qualcomm reserves the right to seek modification to any exemption granted to 

Qualcomm by the FAA as Qualcomm, the FAA, and other commercial UAS operators gain 

experience in this emerging UAS industry. Real world use of UAS may indicate that alternative 

requirements for UAS may be sufficient to protect safety to aircraft and persons on the ground. 

Qualcomm intends to examine these issues in its testing and looks forward to collaborating with 

the FAA going forward on achieving safe operations of UAS for commercial uses. 

Please do not hesitate to contact Qualcomm’s outside counsel, R. Michael Senkowski at 202-

719-7249 or msenkowski@wileyrein.com, Katy Ross at 202-719-7410 or 

kmross@wileyrein.com, and Gary Michel at 202-719-7252 or gmichel@wileyrein.com, with any 

questions about this filing. 

 

Sincerely, 

/s/ Dean R. Brenner 

Dean R. Brenner 

Senior Vice President, Government Affairs 

 

Qualcomm Technologies, Inc. 

 

Attachment: Confidential Operations Manual