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 Sect ion 333 of the FMRA and Part 11 of the Federal Aviation Regulations, Seeking Exem ption 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) a nd (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 Moderniza tion and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, Qualcomm Technologies, Inc. (“Qu alcomm” 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 Unmann ed Aircraft Systems (“UAS”) for research and development (“R&D”) of technologies to impr ove UAS functionality, on the condition that Qualcomm’s wholly experimental operations ar e conducted pursuant to the detailed parameters described herein. Qualcomm requests such authorization to conduc t outdoor R&D focusing on important issues for the development of UAS, such as flight control al gorithms, 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 an d payload capabilities that empl oy the very best in state-ofthe-art LTE mobile broadband technology. Th rough 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 Qual comm Incorporated (“Qualcomm Inc.”), operates at the forefront of mobile technology. Ov er the past several decades, Qualcomm has revolutionized mobile technology through its inn ovations, including originally developing 2G and 3G technology based on Code Division Multiple Access (“CDMA”) to enable the first forms
of wireless broadband communications over ce llular phones and other devices and creating microprocessors that offer mobile users unparalle led speed and efficiency in transmitting data. More recently, Qualcomm has been a leader in developing LTE and incorporating this 4G technology into its chipsets power ing mobile devices he re in the U.S. and around the world. The enormous growth of the wireless communications industry is based in la rge part on Qualcomm’s technological solutions. And now, Qualcomm se eks to bring the innova tions that built the
modern wireless communications industry into the growing UAS s ector and help to pioneer the future of UAS flight control technology.2 Qualcomm, like the FAA, is “committed to the sa fe 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 exemp tion petitions have demonstrated, there is a rapidly growing demand for UAS services and app lications across countle ss industries, including agriculture, public u tilities, cinematography, insurance, ra ilroads, and real estate. These petitioners want to use UAS to take aerial phot ographs, 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 de veloped 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 technol ogies that optimize UAS for functionality, efficiency, and safety. The R&D proposed here in will enable Qualcomm, under safe conditions that present no harm to aviation or the public, to validate its al gorithms and perfect its flight control technologies so that it may offer thes e safe and tested innova tions to consumers. Qualcomm’s goal is to ensure that the UAS industry, using tec hnologies 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 t echnologies will bring to the UAS industry and the general public, Qualcomm’s own proposed testi ng has the benefit of be ing conducted in safe and controlled environments. Qualcomm will use testing sites that are outside densely populated areas, controlled as to public acce ss, 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 f lights will be restrict ed to no higher than 400 feet above ground level (“AGL”). 2

It would not be practical to use one of the esta blished FAA test sites because of their distance from Qualcomm’s R&D facilities in San Diego, California, and b ecause they do not provide the necessary conditions for the t ypes of testing contemplated by Qualcomm. The nearest FAAapproved UAS test site to Qualcomm’s research f acilities is the Nevada site, which is more than 350 miles away. Qualcomm depends on the expertis e 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 conduc t 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 exem ption services the goals of advancing UAS capabilities in the United States consistent wi th ensuring safety for manned aircraft and the public.

I. REQUEST FOR SUMMARY GRANT

The FAA can issue a summary grant when it find s it has already granted a previous exemption similar to the new request. As described in deta il below, Qualcomm is requesting to use a small UAS for outdoor R&D. The FAA has issued grants of exemption in circum stances similar in all material respects to those presen ted 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 Preci sion 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 airc raft with the specific ations described by the petitioner and carrying no passenge rs or crew, rather than a ma nned aircraft of significantly greater proportions, carrying crew in addition to flammable fu el, gave the FAA good cause to find that the UAS operation enabled by the exemp tions 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 th is 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. Qualco mm is developing manne d and unmanned flight control algorithms, which run on Qualcomm’s Sn apdragon 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 activ ities including autonom ous navigation, obstacle avoidance, waypoint to waypoint navigation, landing zone dete rmination, stabilized hovering, and sensor aided dead reckoning, among others. Improving the technology used to conduct these activities has huge positive implications for safe ty 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 functio nality and performance for operations in the
NAS.

A second focus of Qualcomm’s te sting involves another crucial as pect of commercial UAS use – the communications link. A reliable, robust, a nd efficient communications link is an essential component of safe UAS operations. “Lost link” scenarios can present serious safety concerns, especially in unmanned operati ons. Qualcomm’s testing will focus on various metrics to measure the quality of the communications li nk to and from UAS in a range of operating environments, which will help Qualcomm impr ove 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 exempti on to conduct its R&D on property owned or leased by Qualcomm that is not open to public access and is restri cted 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 si tes will be located in ei ther unpopulated areas or areas closed to the public and contro lled as to access. They will be at least five nautical miles from the nearest airport and a sufficient distan ce away from densely populated areas and U.S. government installations or airfield s. UAS flights will occur only in Class G airspace at altitudes of 400 feet or less AGL following submi ssion of a Notice to Airmen (“NOTAM”), 3 and Qualcomm will use geo-fencing to ensure that it s UAS remain within these boundaries. Testing at these sites will enable Qualcomm to conduc t 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-fenc ing. Pilots operating the UAS will adhere to rigorous operational parameters and qualification requirements. Finally, the proposed operations pose no credible threat to nationa l security due to UAS size, spee d, 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 imme nse public benefits. The ability of Qualcomm to validate and implem ent its flight control algorithms directly advances Congress’s goal of in tegrating civil UAS into the NAS quickly and safely. Once Qualcomm can perfect its UAS t echnologies and introduce them to the market, the UAS that enter U.S. airspace will be more functional, effici ent, and safe. Flight control systems equipped with Qualcomm processors will provide an unpara lleled level of performance, bringing the industry closer to achieving its full potential. The public be nefits of these technological developments are immeasurable, and will flow from such diverse operations as retail deliveries for consumers, safer ways to maintain infrastr ucture and conduct inspections, unmatched aerial imagery, and enhanced public safety.

Finally, Qualcomm is willing to share the result s of its testing with the FAA on a confidential basis. Qualcomm will have unique insights into UAS flight control algor ithms, communications links, and the use of terrestri al 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 cognizabl e benefits and is cert ainly 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 provi de an avenue for safe UAS operations to begin more quickly than regulator y procedures would generally allo w. This provision directs the Secretary of Transportation to consider whethe r certain UAS may operate safely in the NAS before completion of the rulemaking required under Section 332 of the FM RA. 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 na tional security in light of th e 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, s ubject to conditions and parameters that ensure safe operation.

In addition, the Federal Aviation Ac t expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes ex empting civil aircraft, as the term is defined under § 40101 of the Act, which includes UAS, from th e 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: SPECIFIC ATIONS 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 ai rcraft that uses the DJI Flamewheel F450 airframe. Qualcomm has outfitted the Flamewhe el 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 re quest for confidential treatment. 6

Qualcomm may also wish to use aircraft with co mparable 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 progr amming 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 performi ng 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 lowbattery. 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 US E AT QUALCOMM’S TEST SITES

Qualcomm proposes that its exemp tion request apply to civil UAS that have the characteristics and operate with the limitations li sted herein. These limitations provi de for at least an equivalent or even higher level of safety to operations under the current regulator y structure because the proposed operations represent a safety enhancem ent to the already safe operations conducted
with conventional aircraft. Further details abou t 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 Conf idential 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 protect ed 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, co mmercial, private, recreational, or sport pilot certificate. 7 The PIC must also hol d a current FAA airman
medical certificate or a valid U.S. driver’s license.

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

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

4. Prior to the outdoor R&D flights, th e 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 exem ption and three take-offs and three landings in the preceding 90 days.

a. Training, proficiency, and experien ce-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 ex perience-building flights, all persons not essential for fli ght operations are considered nonparticipants, and the pilot must operate the UAS with appropriate distance from nonpartic ipants 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 comp leted 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 fl ammable 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 li censed pilot during its tests and, based on its findings, may seek authority from the FAA to waive or alter the licen sed 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 Tr affic Organization (“ATO”) issued
Certificate of Waiver or Authoriza tion (“COA”) prior to conducting any operations under this grant of exemption.

a. This COA will also require the op erator 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 Dist rict Office (“FSDO”) with which to periodically review safety procedur es and other operations to further enhance safety. The operator will su bmit a written Plan of Activities to the local FSDO at least 48 hours prio r 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 hol der 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 ma de 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 ti mes (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 identific ation of manned aircraft, Qualcomm will immediately suspend the UAS fli ght 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 mu st 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 th e PIC from any moving device or
vehicle.

16. The UAS may not be operated less th an 500 feet below or less than 2,000 feet horizontally from a cloud or when vi sibility 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 ai rport as denoted on a current FAApublished aeronautical chart unless an agreement with that airport’s management is obtained, and the ope ration 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. Th e UAS may have a GPS altitude readout. Prior to each flight, a ze ro altitude initia tion 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 th e operational area as de fined 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 re sume 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 main tained 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 reveal s a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary maintenance has been pe rformed and the UAS is found to be in a condition for safe flight.

a. The preflight inspection must acc ount for all discrepancies not covered in the relevant prefli ght inspection sections of the Operations Manual ( i.e. inoperable components, items, or equipment).

2. All maintenance and alterations wi ll be properly documented in the
aircraft records.

3. Any UAS that undergoes maintenance or alterations that affect the UAS operation or flight charac teristics 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 inci dent. “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 occu rrence associated with the operatio n of an aircraft which takes place between the time any person boards the aircraft with the inte ntion of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft r eceives 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/com ponent, maintenance, overhaul, replacement, inspection, a nd life limit requirements.

5. Operator will develop procedures to document and maintain a record of the UAS maintenance, preventative ma intenance, 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 Airworthine ss Certificates, establishes the procedural requirements for the
issuance of airworthiness certificates. Given the size and limited operatin g 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 Act 10 and Section 333 of the FMRA both authori ze 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 th e particular UAS. In all cases, an analysis of th ese criteria demonstrates that the UAS operated without an airworthiness certificate, in the proposed envi ronments and under the conditions proposed will be at least as safe, or safer, than a conventiona l aircraft (fixed wing or rotorcraft) operating with
an airworthiness certificate without the restrictions a nd 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 materi als 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 safe ty 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, ope rational 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. Give n 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 th is provision meets the requirements of an equivalent level of safety under Part 11 and Secti on 333 of the FMRA.

B. 14 C.F.R. § 45.23(b) Display of marks; ge neral; 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 inch es nor more than 6 inches high the word “experimental,” as applicable. Sectio n 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 w ill 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 airc raft, 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 cert ificates: Requirement and duration; 14 C.F.R. §§ 61.101(e)(4) and (5) Recreationa l 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 abov e-mentioned rules by requiring the PIC operating the aircraft to hold either an airlin e transport, commercial, private, recreational or sport pilot certificate and a cu rrent FAA airman medical certificate or a valid U.S. driver’s
license. 11 The area of operation is controlled and restricted, and all f lights are planned and
coordinated in advance as set fo rth in the Operations Manual. The level of safety provided by the requirements included in the Operations Manu al exceeds that provide d by a single individual holding a commercial pilot’s certif icate operating a conventional airc raft. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplat ed by Part 61 when drafted, th at 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. Th e 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 cond ition 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 ex perience testing UAS may impact Qualcomm’s view of the necessity of using a licensed pilot. If Qualcomm re visits this issue with th e FAA, Qualcomm will define safeguards to ensure that an equivalent level of safe ty can be achieved using non-licensed pilots.13 Accordingly, Petitioner requests that the requirem ents for Section 91.7 be treated in accordance with Section VI(A), supra

.

E. 14 C.F.R. § 91.119(c) Minimum safe altit udes 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 invol ved with R&D. The UAS will never operate at higher than 400 AGL. It will be opera ted in a restricted area, where buildings and people will not be exposed to operations without their pre-obtain ed 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 el evation of the departure ai rport 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 indicato r before flight. The FAA issued an exemption to this regulation in Exemption No. 11062.

G. 14 C.F.R. § 91.151(a)(1) Fuel requiremen ts for flight in 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.”

Complying with the 30 minute reserve require ment 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 pr oposed operations within a predetermined area, a longer time frame for flight in da ylight conditions is reasonable. Operating the small UAS, in a tightly controlled area where only people and proper ty owners or official representatives who have signed waivers will be allo wed 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-de signated 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 require d; 14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding or alte ration; 14 C.F.R. §§ 91.409(a)(1) and (2) Inspections; 14 C.F. R. §§ 91.417(a) and (b) Maintenance
records14 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 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 maintenan ce 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 a ppropriate 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 effectiv e dates of any Grant of Exemption issued pursuant to this Petition, the FAA issues in terim or final rules for small UAS, Qualcomm requests that it be relieved of the requiremen ts 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 th e 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 c onduct 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 provi ded 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, provi de more than adequate justif ication for the grant of the requested exemption allowing operation of Petitioner’s UAS for R&D related to development of UAS flight control techno logies 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 i ndicate that alternative requirements for UAS may be sufficient to protec t 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 opera tions of UAS for co mmercial uses.

Please do not hesitate to contact Qualcomm’s outside counsel, R. Michael Senkowski at 202- 719-7249 or msenkowski@wileyrein.co m, 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