Kenneth P. Quinn 

tel 202.663.8898 

kenneth.quinn@pillsburylaw.com 

Pillsbury Winthrop Shaw Pittman LLP 

1200 Seventeenth Street, NW | Washington, DC 20036-3006 | tel 202.663.8000 | fax 202.663.8007 

 

December 15, 2014 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act, 49 U.S.C. § 

44701(f), and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

On behalf of our client, Industrial Skyworks (USA), Inc. (“Skyworks”),1

 and pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

(“Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, we request 

an exemption from the Federal Aviation Regulations (“FARs”) listed below and 

discussed in Appendix A to allow Skyworks to operate the Aeryon SkyRanger and 

Aeryon Scout small Unmanned Aircraft Systems (collectively, the “sUAS”) to provide 

inspection services for its clients in the United States in the roofing and building, oil and 

gas pipeline, mining, and electricity transfer industries. These services include obtaining 

still photographs, video, and other data taken by onboard sensors. 

The safety and public benefits of using sUAS for commercial inspection services are 

substantial. sUAS reduce the need to operate conventional aircraft in unconventional 

operations, providing more accurate data more safely, economically, and with reduced 

environmental impact. sUAS operations also reduce the need to have personnel perform 

dangerous inspections and maintenance-related functions on rooftop, scaffolding, and 

other elevated structures. The enhanced safety and efficiency of sUAS operations also 

increases the frequency of inspections, making buildings safer and more efficient. 

This request is derived in part from an exemption request by Aeryon Labs Inc., 

(“Aeryon”), the developer of the sUAS, and is supported by Tremco Incorporated, a 

 

1

 Industrial Skyworks (USA) Inc. is a wholly owned subsidiary of 8681384 Canada Inc., d/b/a 

Industrial Skyworks. 
Page 2 of 9 

major provider of commercial roofing and building sealant and maintenance products and 

services.2 Details of Aeryon and the sUAS are described in Appendix B. 

Skyworks has extensive experience operating the sUAS in strictly controlled operations. 

Skyworks currently operates the sUAS in every region in Canada and is one of the first 

Canadian operators to obtain government approval for nighttime operations. As of the 

date of this exemption request, Skyworks operators have performed over 500 sUAS 

flights, logging more than 200 hours of flight time, including over 50 hours over 

populated areas at night, all without incident and in compliance with Transport Canada 

and all other applicable regulations. Operations under the exemption will be conducted 

under the limitations and conditions set forth in Appendix C and as may be modified by 

the FAA as required by Section 333. 

As more fully described below, the requested exemptions would allow Skyworks to 

acquire photographs and other data using the Aeryon sUAS, which at 3.5 lbs. for the 

Scout and at 6.5 lbs. for the SkyRanger, including payload, are small in size and powered 

electrically by battery. The sUAS, which have extensive automated control features, will 

be operated under controlled conditions at very low altitudes in limited airspace. 

Additional precautions, in the form of additional operational conditions and training, 

described more fully below, will enhance safety during nighttime operations. 

Although the sUAS can be operated by one person, flight operations carried on by 

Skyworks involve at least two people: a pilot-in-command (“PIC”) and an observer. The 

PIC is responsible for flying the sUAS, monitoring its status and flight dynamics while 

maintaining visual line of sight and keeping the flight within the manufacturer’s specified 

limits in terms of wind, flight range, battery life, etc., for safe operation of the vehicle. 

Observers will be responsible for monitoring the airspace for other aircraft and hazards, 

advising the operator before and during flight of all such observed risks, and monitoring 

the controlled operating area. In addition to completing Aeryon-specific sUAS training 

required of the PIC and observer(s), the PIC will be a certified airman with commercial 

pilot and medical certificates. 

Applicant Information: 

The name of the applicant is: 

 

2

 See Aeryon Labs Inc., Exemption Request Under Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations, Docket No. FAA-2014-0642 (Aug. 25, 2014) (exemption request for 

operation of Aeryon SkyRanger). Skyworks is aware of five other exemption requests to commercially 

operate the Aeryon SkyRanger. See Aetos Group Exemption Request, Docket No. FAA-2014-0629 (Aug. 

19, 2014); Southern Company Services Inc. Exemption Request, Docket No. FAA-2014-838 (Oct 9, 2014); 

VDOS Global LLC Exemption Request, Docket No. FAA-2014-0382 (June 9, 2014); Dow Chemical 

Company (Nov. 3, 2014); City of Roswell Coalition, Exemption Request Under Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations, Docket No. FAA-2014-0732 (Sept. 2014). 

The Aetos Group also requested exemptions for the Aeryon Scout. The FAA granted exemptions to VDOS 

Global LLC for operation of the Aeryon SkyRanger on December 10, 2014. See FAA, Grant of 

Exemption, Docket No. FAA-2014-0382. 
Page 3 of 9 

Industrial Skyworks (USA), Inc. 

The primary contact for this application is: 

Michael Cohen 

President 

Industrial Skyworks 

1715 Indian Wood Circle 

Suite 200 

Maumee, OH 43537 

Ph: 416-307-2171 

Fax: 416-534-7625 

Exemptions Requested 

Skyworks requests exemptions from the following regulations:3

14 C.F.R. Part 21; 

14 C.F.R. 91.113; 

14 C.F.R. 91.119(c); 

14 C.F.R. 91.151; 

14 C.F.R. 91.209; 

14 C.F.R. 91.405(a) and (b); 

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). 

Airworthiness of the sUAS 

A critical element of the exemption application involves evidence of the airworthiness of 

the sUAS. Skyworks and Aeryon believe that the sUAS have been shown to be 

airworthy and compliant through a history of granted flight operations and successful 

flights, including those by Michigan State Police, US Navy Spawar, Mass Development 

(Joint Base Cape Cod), Unmanned Experts (NIJ Partnership), Western Washington 

University, Aetos (via Northwest Michigan College), University of Alaska Fairbanks, 

University of New Mexico, Kansas State University, as well as Skyworks’ on-going 

commercial operations in Canada.4

 The SkyRanger also successfully completed the 

Department of Homeland Security RAPS trial in 2013. The FAA has already approved 

commercial operation of the larger SkyRanger for VDOS Global, LLC.5

 For additional 

 

3

 As set forth in Appendix C, with the exception of additional operating conditions for safe 

nighttime operations, Skyworks will operate under similar operating conditions as those required of the 

movie industry and other grants of exemption, in which exemptions for certain FARs was deemed by the 

FAA as “not necessary.” As a result, Skyworks is not requesting FAA exemption from FAR 45.23(b), 

91.7(a), 91.9(b)(2), 91.103, 91.109(a), and 91.203(a) and (b). 

4

 At the request of the FAA, Skyworks will be pleased to provide, under confidentiality, its standard 

operating procedures, including Safety and PreFlight Checklists and Operator Training Manual. 

5

 FAA, Grant of Exemption, Docket No. FAA-2014-0382 (Dec. 10, 2014). 
Page 4 of 9 

safety, the sUAS are equipped with automated features which enhance safe takeoff, 

flight, and landing in many conditions, further details of which are provided in Appendix 

B. 

To maintain airworthiness, Skyworks will follow a strict inspection and maintenance 

regimen, which is further supported by the automatic checks performed by the sUAS. 

Malfunctions that occur during flight will be detected by the sUAS fault detection 

system, which communicates a fault warning to the PIC to take necessary action. For 

certain malfunctions and faults (i.e., lost communications), the sUAS may be preprogrammed to automatically respond and land either at a designated location or in-place. 

In addition, the PIC will have emergency checklists for proper and safe malfunction 

responses by the PIC and sUAS. In the event of any malfunction, the sUAS will undergo 

all maintenance required by the manufacturer and undergo flight testing before 

recommencing commercial operations. 

Operating Conditions 

Grant of the exemptions to Skyworks will be subject to the conditions listed in 

Appendix C, which are based upon the operating conditions required for the FAA’s 

previous grants of exemptions. 

Nighttime operations are a critical component to Skyworks’ business, particularly 

infrared building inspections. The reduced night temperatures permit more accurate data 

regarding areas where air and/or heat are escaping the building. Skyworks respectfully 

proposes that it be permitted to conduct nighttime operations with the Aeryon 

SkyRanger, taking into account the special characteristics of this sUAS, additional 

operating conditions, and additional operator training. 

The SkyRanger’s design permits safe nighttime operations. The SkyRanger is equipped 

with LED lights on all four rotor arms. The lights are visible up to 2,500 feet. Thus, the 

SkyRanger’s location may be easily seen by the PIC, observers, and other airspace users. 

These lights will be illuminated at all times during nighttime operations. In fact, with 

fewer visual distractions at night, the sUAS is easier to see at night. 

Aeryon’s sUAS are also characterized by a high degree of pre-programmed control and 

various built-in technical capabilities that limit the potential for operation outside of the 

conditions set forth in Appendix C. The sUAS also provides many built-in functional 

and safety features to assist the operator in safe and reliable operation. 

The Aeryon sUAS provides two semi-autonomous flight modes using a point-and-click 

map and video interface. The user clicks on a map to direct the sUAS to fly to the point 

on the map where the operator is pointing, or programmed flight plans may be entered for 

a series of waypoints or grid-based area. Additional navigation settings, including 

landing zones and flight areas (including visual no-fly zones, maximum altitude, and 

minimum altitude), may be designated so that the sUAS operates only within operatorspecified flight parameters. In other words, Skyworks will set up virtual fencing around 
Page 5 of 9 

the operational area, preventing the sUAS and the PIC from operating outside the planned 

flight area, including altitude. This also reduces the needed operating area by omitting 

the need to factor in additional room for PIC operating error. These operations and inputs 

are identical for day and night operations, requiring little adaptation for the PIC. 

All flight operations are GPS controlled, making the system easy to navigate, and the 

flight control system also employs a variety of sensors including sonar, barometric 

pressure, temperature, and wind speed for high stability and reliability in challenging 

weather conditions. At all times through the ground control station, the PIC is able to 

monitor the sUAS location through the tablet mapping function and is provided with 

continuous altitude information. In the case of lost GPS, a manual user flight mode is 

enabled which allows the PIC to provide manual navigation inputs to assist in landing the 

vehicle. At all times during flight operations, the PIC can suspend a programmed flight 

and take immediate control of the vehicle. 

With pre-programmed flights and manual control, operators will be able to maintain 

separation from manned aircraft operations and avoid other hazards. At night, there are 

fewer airspace users, and other aircraft in the area will be easily identified with operating 

lights. Previous nighttime operations have also taught Skyworks that incoming aircraft 

are also more easily identified by other aircrafts’ noise with the reduced nighttime 

ambient noise. In the controlled environment under the operations conditions in 

Appendix C, operations will remain within visual line of sight (VLOS) and below 400 

feet AGL. There are also fewer spectators and bystanders during nighttime operations. 

In addition, Skyworks will obtain a Certificate of Waiver or Authorization from the FAA 

Air Traffic Organization to address airspace requirements and provide notification by a 

Notice to Airman (NOTAM). 

Additional automated safety functions and safety enhancing features of the SkyRanger 

include the following: 

1) Automated pre-flight system performance checks, in which the system selfcalibrates all of its sensors and performs self-tests prior to takeoff to check for 

errors; 

2) Self-monitoring and intelligent fault handling with automated condition and fault 

detection, warnings, and pre-defined responses to a number of flight and system 

conditions, including: 

a. High winds with system and operator-defined safety thresholds; 

b. High temperature safety thresholds; 

c. Low battery with system and operator-defined safety thresholds; 

d. Lost-link communication; 

e. Pre-defined responses include attempting to re-establish radio 

communication, return to home position and hover, return to home 

position and land, or land in current position; and 

3) Battery communication with battery minutes and flight time are displayed at all 

times for the PIC; 

4) Auto-detection of lost GPS warns the pilot and initiates an immediate landing; 
Page 6 of 9 

5) Low battery on the SkyRanger triggers a “Non-Fatal Warning” alarm to return 

home, land and replace the battery; 

6) Very low battery on the SkyRanger triggers a “Fatal Error” alarm and initiates an 

emergency high speed descent landing; and 

7) If the SkyRanger detects a lost-link to the base-station the vehicle will perform its 

pre-defined Non-Fatal Condition Response. 

In addition, the SkyRanger has an all-digital software platform with advanced features 

previously restricted to full size unmanned aircraft. 

Having tested tethering systems, Skyworks found that operating the sUAS with a tether 

will increase the operating hazards beyond the potential benefits and introduced 

unknowns that elevate the risks to unacceptable levels. Skyworks found the additional 

following risks: 

 Entanglement and movement constraints during take-off and landing; 

 Limited rate of descent and horizontal maneuvers in order to allow adequate time 

for the tether operator to adjust line tension or take-up slack; 

 Difficult crew coordination is required between the pilot and the tether operator; 

 Increased side forces and downward forces on the sUAS; 

 Limited/reduced range of movement for the sUAS; 

 sUAS oscillations introduced by line swing; 

 Tether line snagging on persons or property; 

 Tether line contacting sUAS rotor(s); 

 Weight of tether line; 

 sUAS design was not intended to carry a tether line; and 

 Losing sight of tethering line location (exacerbated at nighttime). 

In addition, due to the fault protection and encrypted telemetry with the sUAS, telemetry 

and lost communications were unlikely, requiring a highly sophisticated tethering system 

to achieve any net benefits. Skyworks believes that a tethering system with the required 

sophistication is not commercially available or feasible for the intended operations. 

With the aircraft pre-programmed to compensate for wind and take specific actions upon 

triggering faults (i.e., pre-programmed to land in designated areas upon loss of 

communications), tethering and pulling the aircraft down may also result in the 

unanticipated and uncontrolled loss of altitude and increase the risk to persons and 

property on the ground. In addition, the ability to impose a virtual fence around the 

operating area provides an equivalent safety mechanism to prevent fly-away or noncompliant operations. Skyworks’ operating area will also have strictly controlled access 

(i.e., no unauthorized persons in operating area). 

To enhance safety, Skyworks will take extra precautions specific to nighttime operations. 

Operations will be limited to commercial buildings and be confined to the footprint of the 

building (except for take-off and landing). Skyworks will provide supplemental lighting 

for the operating area, consisting of high intensity overhead lighting and high intensity 
Page 7 of 9 

ground LED markers to mark off the sUAS landing zone. The on-board camera must be 

an infrared device, permitting the PIC to view ground obstacles (illuminated or 

unilluminated) from the sUAS live video feed. Thus, the pilot will be able to monitor 

real-time streaming video from the vehicle, regardless of the night operations. Any 

operating area incursion, defect in lighting (ground or sUAS), or problem with the 

infrared camera feed will require the immediate termination of the flight and the 

immediate landing of the sUAS in a designated landing area, unless safety requires 

landing at an alternate landing area deemed safe by the PIC. 

Skyworks’ operating manual also sets forth additional general operational precautions to 

increase safety, including: (i) a Pre-flight Site Assessment to identify potential 

operational hazards; (ii) electronic scanning for potential frequency interference; (iii) 

laser range finder to determine the height of surrounding obstacles to improve flight 

planning; and (iv) performing daytime flights before nighttime flights for pilot 

familiarization with the operating area. 

Operator Requirements 

As a condition to the grant of the exemptions, Skyworks will require that the PIC hold a 

commercial pilot’s certificate and a valid second-class medical certificate. The PIC will 

have accumulated and logged a minimum number of flight cycles and hours for daytime 

and nighttime operations, as necessary. The PIC will also be subject to the FAR flight 

review requirements. 

The PIC will be required to have completed Aeryon’s training program for operation of 

the sUAS. This training is specific to the Aeryon sUAS, familiarizing the PIC and 

observers to the sUAS’s operations and limitations, and includes a built-in simulator. 

Skyworks respectfully submits that operator qualifications take into account the operating 

conditions and characteristics of the particular sUAS. Skyworks does not believe that 

certified airmen, medical certificates, and the related operating conditions, are necessary 

or required to operate the Aeryon sUAS. Nonetheless, Skyworks is prepared to accept 

these requirements as a condition to the grant of the exemptions. If, and when, the FAA 

finds such conditions unnecessary for operations conducted pursuant to Section 333 

exemptions, Skyworks reserves the right to amend its operating conditions and request 

exemptions from the relevant FARs to operate without such conditions. 

Public Interest 

Skyworks respectfully submits that its use of the sUAS in lieu of comparatively 

hazardous operations currently conducted with conventional fixed wing and rotary 

aircraft offers a net safety benefit and will achieve an enhanced level of safety, as 

mandated under Section 333(c) of the Reform Act. Approval of this application will also 

benefit the public interest by allowing better, safer, and more cost efficient information 

for the building maintenance and construction industries. 
Page 8 of 9 

Conventional aerial survey and inspection operations using manned aircraft involve very 

heavy aerial vehicles, transiting to the operational location, carrying significant quantities 

of combustible fuels, and a multi-person crew in piloting and observation roles. The 

nature of surveying and inspection operations magnify the dangers of using conventional 

aircraft, as the aircraft fly in unconventional operations under FAA waivers and at 

dangerous altitudes in populated and developed areas. By contrast, the Scout weighs 3.5 

lbs. and the SkyRanger weighs 6.5 lbs., including their payload, use a battery for power, 

are carried to and from the area of activity, remove the need for airborne pilots and 

observers, and pose less risk to people and infrastructure on the ground, as well as other 

aircraft. 

sUAS operations also remove the need to have building maintenance and inspection 

personnel risk their lives on rooftops and scaffolding to perform building inspections. 

This hazard is exacerbated when inspecting at night with infrared technology. If more 

detailed in-person building inspections are required, planners can use preliminary sUAS 

data and target areas of concern without putting inspectors and contractors at risk in 

hazardous areas. 

More frequent, safer, and more cost-efficient building inspections by sUAS will also 

increase employee and public safety. More frequent sUAS-performed inspections will 

permit improved maintenance of roofs and facades, reducing the number of construction 

employees working from dangerous heights.6

 Preliminary 2013 data indicates that the 

fatality rate for roofers is 38.7 per 100,000 workers, following only loggers, fishers and 

pilots.7 The sUAS can also map the condition and problem areas of the rooftop, assisting 

construction and maintenance planners to determine areas of potential hazard and the 

need for safety measures. 

Increased inspections will also facilitate keeping building conditions at high levels, 

keeping the public safe from building deterioration and improved building responses 

during significant weather events. In fact, many municipalities have, or are moving 

toward, building façade inspection requirements, including Boston, Columbus, 

Milwaukee, Pittsburgh, Chicago, Detroit, New York, and St. Louis. sUAS operations 

avoid the dangerous manned inspection functions on scaffolding and swing stages, 

keeping inspection personnel safely on the ground. 

More frequent building inspection will also improve the potential to determine areas of 

building inefficiency and construction defects. The resulting building maintenance and 

improvements can reduce CO2 emissions and increase building energy efficiencies. Fifty 

percent of all energy generated is North America is consumed by buildings, while 90% of 

building air leak (i.e., energy) is lost through 1% of the building envelope at connection 

points (e.g., wall-window joints that may be sealed by Tremco products). Ultimately, the 

 

6

 Falls were the number one fatal accident in the construction industry in 2013. See

https://www.osha.gov/stopfalls/ (last visited Dec. 9, 2014). 7

 Dep’t of Labor, Bureau of Statistics, News Release, National Census of Fatal Occupational 

Injuries in 2013 (Preliminary Results) (Sept. 11, 2014) available at

http://www.bls.gov/news.release/pdf/cfoi.pdf (last visited Dec. 10, 2014). 
Page 9 of 9 

proposed sUAS operations will not only add safety, but result in significant energy and 

environmental benefits. 

Additionally, the inspection services provide an equivalent level of public benefit in the 

gas and oil pipeline, mining, and electricity transfer industries. Safer, more efficient, and 

more frequent inspections will benefit those operating in these dangerous industries. 

sUAS will also provide broad public benefits in these industrial sectors, improving 

maintenance, reducing environmental impacts, and improving industrial efficiency. 

No national security issue is raised by the grant of the requested exemptions. Given the 

size, load-carrying capacity, speed at which it operates (35 km/h), and the fact that it 

carries no explosives or other dangerous materials, the use of the Aeryon sUAS poses no 

threat to national security. In fact, the threat of causing damage to critical national 

infrastructure is significantly reduced with the extremely low sUAS weights and limited 

operating areas. 

The grant of the requested exemption is in the public interest based on the clear direction 

in Section 333, the Federal Aviation Act,8

 the high and equivalent level of safety of the 

proposed operations, and the significant public benefit, including enhanced safety and 

cost savings to be realized as a result of the use of sUASs for aerial inspection and 

mapping services. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay. 

Sincerely, 

Kenneth P. Quinn 

Cc: Michael Cohen, Industrial Skyworks 

 Lance Lehman, Industrial Skyworks 

 

8 The Federal Aviation Act (“FAAct”) expressly grants the FAA the authority to issue exemptions: 

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection 

(a) or (b) of this section or any of sections 44702-44716 of this title if the Administrator finds the 

exemption is in the public interest. 49 U.S.C. § 44701(f).
APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Industrial Skyworks requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the Aeryon 

SkyRanger and Scout: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 C.F.R. § 91.203(a)(1) 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 

21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR § 

91.203(a)(1). Given the size of the aircraft (3.5 or 6.5 lbs. fully loaded) and the limited 

operating area associated with its utilization, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current 

safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the 

Reform Act 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 sUAS involved. 

In this case, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness 

certificate. The SkyRanger weighs 6.5 lbs. fully loaded and the Scout weights 3.5 lbs. 

fully loaded. Neither will carry a pilot, passenger, or flammable fuel. The sUAS will 

operate exclusively within a pre-disclosed controlled area and in compliance with 

conditions set forth herein. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by the operator and observer(s), pursuant to the 

conditions set forth in Appendix C, the Operator’s Manual, and local public safety 

requirements. The FAA will have advance notice of all operations through the filing of 

NOTAMs. Receipt of the prior permission of the landowner (or lessee), the lack of 

flammable fuel, and the fact that the aircraft is carried to the location and not flown there 

all establish the equivalent level of safety. The sUAS provides at least an equivalent, and 

most likely an enhanced,9 level of safety to that of such operations being conducted with 

 

9

 An Aeryon internal report compares the crash kinetic energy dissipation rate of a commercial 

airline versus the Aeryon SkyRanger. The report found the MTTF of SkyRanger needs to only be > 2.3 

hours to equal the energy dissipation of the gold standard commercial aircraft. Transport Canada, has 

issued a report on low energy RPA and determined the Aeryon Scout to be well below the peak energy 

level of 12J/cm2 on impact, since the SkyRanger is similar in construction it could be considered to be 

below this threshold as well.
conventional aircraft that would be orders-of-magnitude larger and would be carrying 

passengers, cargo, and flammable fuel. The automated safety features including 

redundant sensor systems, as described in Appendix B and throughout this document, 

highlight the design intentions towards safety and reliability of the sUAS. 

14 C.F.R. § 91.113: Right-of-Way Rules 

Section 91.113 requires that vigilance be maintained by each person operating an aircraft 

so as to see and avoid other aircraft. Unlike conventional aircraft, the sUAS pilot is not 

on board the aircraft to see and avoid other aircraft, operating the sUAS remotely from 

the ground. 

Industrial Skyworks’ proposed operating conditions will achieve an equivalent or 

enhanced level of safety. All operations will involve the use of two personnel – one 

certificated commercial pilot and one trained visual observer, monitoring the immediate 

airspace of the sUAS operation for potential obstruction hazards and other intrusions. 

The sUAS operations will also be limited to designated illuminated areas below 400 feet 

AGL, in Class G airspace, within a virtual fence. Industrial Skyworks will notify the 

FAA and other pilots of the sUAS operations by NOTAM. 

14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

FAR Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 

Section 91.119(c) limits aircraft flying over areas other than congested areas to an 

altitude of 500 feet above the surface, except over open water or sparsely populated areas. 

In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure. 

As set forth herein, the sUAS will never operate at higher than 400 feet AGL. Because 

aerial inspection work must be accomplished at relatively low altitudes and at altitudes 

less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 

The equivalent or enhanced level of safety will be achieved given the size, weight, speed, 

and material with which the sUAS are built. Also, no flight will be taken without the 

permission of the landowner or those who control the land. Because of the advance 

notice to the landowner (or lessee), all affected individuals will be aware of the flights. 

Compared to aerial inspection operations conducted with aircraft or rotorcraft weighing 

far more than 6 lbs. and carrying flammable fuel, any risk associated with these 

operations will be far less than those currently allowed with conventional aircraft 

operating at or below 500 feet AGL. Indeed, the low-altitude operations of the sUAS will 

maintain separation between these sUAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. 
14 C.F.R. § 91.151: Fuel Requirements for Flight in VFR Conditions 

This regulation 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; or (2) At night, to fly after that for 

at least 45 minutes.” 

The SkyRanger batteries provide approximately 50 minutes of powered flight. Without 

an exemption from 14 C.F.R. § 91.151, the sUAS’s flights would be limited to 

approximately 20 minutes in length. Given the limitations on its proposed operations, a 

longer time frame for flight in VFR conditions is reasonable. 

The Scout batteries provide approximately 25 minutes of powered flight. Without an 

exemption from 14 C.F.R. § 91.151, the sUAS would be prohibited from flying. Given 

the limitations on its proposed operations, flight in VFR conditions is reasonable. 

Skyworks believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the 

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with 91.151(a)). Operating the sUAS, without 

30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was 

meant to prevent given the size and speed at which the sUAS operates. The fact that the 

sUAS carry no pilot, passenger, or cargo also enhances its safety. Additionally, limiting 

SkyRanger flights to 20 minutes would greatly reduce their utility. In the unlikely event 

that the sUAS should run out of battery power, they would simply follow the preprogrammed command to land at a designated location. Given its weight and 

construction material, the risks are less than contemplated by the current regulation. 

For the SkyRanger, Skyworks believes that an equivalent or enhanced level of safety can 

be achieved by maintaining 10 minutes of reserve power which, allowing 40 minutes of 

flight time, would be more than adequate to return the sUAS to its planned landing zone 

from anywhere in its limited operating area. 

For the Scout, Skyworks believes that an equivalent or enhanced level of safety can be 

achieved by maintaining 10 minutes of reserve power, which allowing 15 minutes of 

flight time, would be more than adequate to return the sUAS to its planned landing zone 

from anywhere in its limited operating area. 

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 

10673 and 10808. 

14 C.F.R. § 91.203: Aircraft Position Lights

FAR Section 91.203 requires that during the period from sunset to sunrise, no person may 

operate an aircraft unless it has lighted position lights. Due to the design of the sUAS 

with a camera on a gimbal, there is no consistent forward or aft position of the aircraft by 
which to install red and green position lights. The SkyRanger has red LED lights 

installed on each rotor arm providing visibility of the aircraft from all sides up to 

distances of 2,500 feet. With the current light configuration, illuminated and limited 

operating area with monitored and controlled access, NOTAM notice to the FAA and 

other operators, and visual observers monitoring the airspace and operating area, 

Skyworks respectfully submits that the lack of position lights does not compromise safety 

of operations or the safety to other airspace users. 

14 C.F.R. §§ 91.405(a) and (b), 407(a)(1), 409(a)(2), and 417(a): Maintenance 

Inspections 

FAR Section 91.405(a) requires 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 . . . .” Subsection (b) of 91.405 requires that 

maintenance personnel make appropriate entries in the aircraft maintenance records 

indicating the aircraft has been approved for return to service. Section 91.407 similarly 

makes reference to requirements in Part 43. Section 91.409(a)(2) requires an annual 

inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the 

owner or operator to keep records showing certain maintenance work that has been 

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of 

approval of the aircraft for return to service. 

The sUAS are nearly maintenance free, it performs automatic pre-flight checks and the 

failure of any check will prevent take-off. Checks which cannot be done by the system 

will be performed by a qualified person prior to each flight and at predefined intervals as 

part of the maintenance schedule. 

The pre-flight checklist includes: 

1. Visual inspection of the airframe; 

2. Visual inspections of rotor integrity; 

3. Visual inspection of the lighting; and 

4. Check charge of all batteries (aerial vehicle, command station, radio repeater 

station). 

In addition, as set forth in Industrial Skyworks’ operating manual, scheduled inspections 

will require more in-depth inspection and maintenance tasks. Industrial Skyworks will 

incorporate any Aeryon or FAA required high-time component maintenance and 

replacement requirements into its operating manual. 

An equivalent level of safety will be achieved because the sUAS is small in size, will 

carry no external payload, will operate only in restricted predetermined areas and is not a 

complex mechanical device. The operator will confirm that the sUAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance that is performed. Moreover, the operator is the person most familiar with 
the aircraft and is best suited to maintain the aircraft in an airworthy condition and to 

provide an equivalent level of safety. Last, the operator’s manual will have instructions 

to develop and document maintenance, overhaul, replacement, and inspection 

requirements in the absence of Aeryon requirements, and procedures to document and 

maintain maintenance records for the sUAS. 

The sUAS maintenance guidelines provide an equivalent level of safety to the 

maintenance requirements in Part 91. In addition, any component failure detectable by 

the system will be reported to the control station and will cause the sUAS to perform a 

Fatal Condition Response (FCR) or Non-Fatal Condition Response (NFCR), depending 

on the type of failure. The sUAS will not be returned to flight until required maintenance 

and a test flight have been performed. 
APPENDIX B

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION

Skyworks Corporate Overview: Industrial Skyworks (USA), Inc. is a Delaware 

corporation and is a wholly-owned subsidiary of 8681384 Canada Inc. d/b/a Industrial 

Skyworks, which has its head office in Toronto, Ontario, Canada, and which has operated 

as a provider of sUAS-based inspection support services in every region of Canada since 

2013. If not owned by Skywork’s U.S. citizen customers, the sUAS will be held in a 

Non-Citizen Trust on behalf of Skyworks for N-registration. 

Aeryon systems have been approved by the FAA for research COAs and have 

demonstrated a safety track record. The Aeryon sUAS platforms were the first to 

officially fly at one of the FAA’s UAS Test Sites (UAF Alaska). Many entities from 

military, to education to police and even commercial operations have been given 

approval to fly in US, Canada, UK, Australia, Japan, and other airspaces. The Aeryon 

SkyRanger has also been approved for commercial operations by VDOS Global, LLC. 

Aeryon unmanned systems have been used to fight terrorism in Iraq, Afghanistan and 

Nigeria, monitor hostile borders between Saudi Arabia and Yemen, ensure the safety of 

world leaders at the G50 Nuclear Summit in Seoul, escort a fuel tanker and ice breaker 

into a remote Alaskan community, monitor wildlife on the Aleutian Islands, map remote 

communities in South America, keep our highways clear and safe; and provide 

volumetric analysis for open pit mines. 

sUAS Operating Overview: The SkyRanger sUAS can carry payloads up to 600 grams 

(1.3 pounds). The SkyRanger flies with a maximum wind threshold of 40 M.P.H. for 

sustained winds and wind gusts up to 55 M.P.H. The SkyRanger has a standard 

operational range of 3 km (1.6 NM) and up to 5 km (2.7 NM). 

The Scout sUAS can carry payloads up to 250 grams (0.5 pounds). The Scout flies with a 

maximum wind threshold of 30 mph for sustained winds and wind gusts up to 50 mph. 

The Scout has a standard operational range of 2.5 km (1.35 NM) and up to 5 km (2.7 

NM). 

The sUAS automatically compensate for wind rather than relying on the operator’s ‘sense 

of feel’ for what the impact of the wind is at the altitude at which the system is flying. 

The result is a system capable of gathering high quality aerial data at high wind 

thresholds, imperative for many aerial inspection operations. 

All flight operations are GPS controlled making the system extremely easy to navigate. 

At any point if the operator is not explicitly commanding the system to move, the system 

automatically holds its GPS position (i.e. GPS hold for reliable location hover). Camera 

positioning is also GPS controlled allowing for the most sophisticated camera targeting 

available. The flight control system employs not only GPS positioning but a variety of 
sensors including sonar, barometric pressure, temperature, wind speed, and others to 

provide the most stability of any system in its class, regardless of the wind. 

The sUAS can be operated in both semi and fully autonomous flight modes. Creating 

pre-planned flight paths to fly in autonomous mode is as simple as clicking on the map to 

create a pre-planned flight path. In semi-autonomous mode, the operator clicks on the 

map and the sUAS automatically flies to the corresponding point in space. Pre-mission 

waypoints, landing zone points, and flight area dimensions can all be entered during 

preflight, ensuring the sUAS operates only within specified parameters. 

The sUAS includes many advanced safety features that makes the sUAS the safest choice 

for both urban and non-urban environments. Built-in intelligent fault handling allows the 

sUAS to detect a system fault while in the air, and to automatically fly back to its take-off 

location and land. Faults that can be detected include: loss of communication; pre-set 

wind thresholds exceeded; and low battery levels. In addition, the operator can create no 

fly zones or maximum flight ranges and altitudes so the system cannot enter areas 

deemed unsafe or unnecessary to fly over. And, before every take-off, automated flight 

checks confirm the system is flight ready before it takes off. 

The sUAS can be operated entirely by a touch-screen, map based interface. This means 

that the operator needs only to command the system where to go, and the system does all 

the flying for the operator. Maps can be saved and flight plans can be made or recalled 

with no internet connection required. 

Operating Manual – Operating manuals are available upon request. 

Power – Lithium polymer batteries are self-contained, high duration systems with 

“SMART” intelligence on-board. This includes cycle charge times, locations, GPS 

antenna, chemical management, and real-time data feeds to provide maximum flight 

duration and sub-system safety processes. Charging is done in the included Aeryon 

Battery charger and can be charged via standard wall outlet, or via a vehicle. 

Takeoff and Landing style/type – The sUAS have vertical lift autonomous launch and 

recovery. A Landing Zone (“LZ”) is designated by the operators and identified in the 

GCS software. For launch procedures the aircraft will takeoff and hover 3 meters 

directly above the LZ and hold until further instruction is provided by the operator. The 

aircraft will automatically adjust for wind during this period. 

Propulsion System – The sUAS are powered by 4 electric brushless DC motors. By 

their design, the motors do not spark or arc while being operated. The operating 

temperature of the motors and the battery is extremely low. 

Navigation System – Specific maps can be downloaded to the display screen (such as air 

sectional and geographic maps) which are overlaid with GPS positional data. Waypoints 

can be created before and during flight operation creating specific locations and 

sequences for the aircraft. 
Defined “No Fly Zones” – The navigation software allows for preplanning No Fly 

Zones which can allow the operator to maintain clearance from any “prohibited areas.” 

The sUAS will operate with geo-fencing. This technology allows the operator to 

effectively put a GPS-based perimeter around the area of operations which will keep the 

aircraft in a designated “operational box” regardless of normal or emergency operations. 

The geo-fence is custom designed and can be adjusted based on each location of 

operation. 

Maintenance – The sUAS are nearly maintenance free, performing automatic pre-flight 

checks and preventing take-off upon the failure of any check. Checks which cannot be 

done by the system will be performed by a qualified person prior to each flight. 

Pre-flight checklist includes: 

● Visual inspection of the airframe; 

● Visual inspections of rotor integrity; 

● Visual inspections of lights for nighttime operations; 

● Check charge of all batteries (aerial vehicle, command station, radio repeater 

station). 

Reliability – The sUAS are designed for maximum reliability and to maintain 

performance over the sUAS’s life. The only components that experience routine wear are 

rotors, batteries, motors, and legs. Battery and motor conditions are monitored by the 

system with deviations reported to the operator. 

Contact with other objects during flight may cause other components, particularly rotors, 

and motor arms, to become damaged. Damaged components are likely to be detected 

during the full visual inspection of the airframe performed before each flight. Structural 

damage affecting flight characteristics will be detected by on-board sensors. 

The sUAS systems detect numerous conditions which may make flying unsafe, such as 

reduced GPS accuracy, magnetic anomalies, low battery charge, battery cell imbalances, 

and temperature fluctuations. Automatic pre-flight checks prevent the sUAS from taking 

off if such conditions are present. If such a condition is detected during flight, the system 

will trigger a Fatal Condition Response. 

Fault Tolerance – The key feature of the sUAS fault tolerance is its mechanical 

simplicity. It uses four fixed pitched rotors, each mounted on a separate motor. No 

control surfaces or other actuators are required for the sUAS to fly. Any component 

failure detectable by the system will be reported to the control station and will cause the 

sUAS to perform a Fatal Condition Response (FCR) or Non-Fatal Condition Response 

(NFCR), depending on the type of failure. 

Command and Control Systems - The sUAS Ground Control Station (GCS) allows the 

operator simultaneous control over aircraft and payloads. The touch screen control 
allows for quick navigation and data entry while the display screen provides all essential 

flight data to the operator. Telemetry data is transmitted to the command station at least 

once per second. 

Displayed on GCS: 

● Navigation Route 

● Tail Number 

● Position 

● Altitude 

● Heading 

● North Seeking Arrow 

● Range to Target 

● Calculated target position 

● Battery voltage and time remaining 

● GPS signal strength 

● Radio link strength 

● Aircraft status to include error messages or failures 

● Date/time 

● Sensor heading and orientation relative to sUAS 

On-board Flight Instruments – The sUAS are equipped with an Inertial Navigation 

System (3-axis gyroscope, 3-axis magnetometer, GPS receiver, and static pressure 

sensor) and a sonar sensor for precision AGL altitude measurement. 

On–board Computer Systems – The sUAS are equipped with on-board computer 

systems to monitor (sensors, battery, etc.), control (speeds, altitude, position, etc.), and 

communicate (control, telemetry, etc.) with the sUAS operator. 

On-board Guidance and Navigation Equipment – The sUAS can operate 

autonomously. It does not require any input from ground-based equipment, or from the 

pilot, to hover in place. 

Redundant Systems – The sUAS combine the input from a multitude of sensors. Even 

though the data from all sensors is required for optimal system performance, a single 

sensor malfunction is likely to result in degraded performance rather than leading to a 

catastrophic failure. 

Emergency Procedures and System Failures 

Lost Communications – The sUAS do not need constant signal from the GCS to 

continue flying. Communications outages are detected by the system and are 

reported to the PIC. During the communication outage, the sUAS will hover in 

place, climb to a pre-set safe altitude, and then fly to its takeoff location. If 

communication is still not established, the sUAS will descend slowly and make a 

landing at the point of takeoff. All of this is accomplished without input from the 

operator. 
If the sUAS receives interference or another overpowering signal, the system will 

simply go into its lost communication procedure – it will climb to a safe altitude, 

fly to its take-off point and land. 

Fly Away Protection – To prevent a “fly away” or other potentially dangerous 

situations, the sUAS employ a system of fail-safes that will either return the 

aircraft to its home origin point or land the aircraft in the present position. In 

addition, a flight termination link is available to the operator at the GCS. 

Failure Handling – The sUAS have extensive failure detection and handling 

capabilities. All failures are determined to be either “fatal” or “non-fatal”. 

Failures classified as fatal result in a Fatal Condition Response (FCR); and 

failures classified as non-fatal result in a Non-Fatal Condition Response (NFCR). 

Sensor Failure – Failure of on-board flight instruments or sensors will degrade 

the sUAS’ performance and will result in either a FCR or a NFCR, depending on 

the severity of the failure. If the sUAS becomes unstable due to sensor failure, it 

will stop all four motors and free fall to avoid a fly away condition. 

Motor Failure – The sUAS flight performance will degrade significantly if one or 

more motors fails. 

Airframe Failure – If the airframe is damaged in a manner that impacts flight 

characteristics, the sUAS will behave as though an on-board flight instrument has 

failed. 

Navigation System Failure – In a navigation system failure, degraded GPS will 

result in a FCR or a NFCR, depending on the nature of the failure. 

Power Failure – A complete battery failure which results in power loss to the 

sUAS will result in degraded flight performance. 

Low Battery Condition – The battery voltage and flight time remaining are 

displayed to the operator throughout the flight. When 3 minutes of flight time is 

remaining, a warning is given to the operator. If the operator does not bring the 

sUAS home, the system will return home (takeoff point at a safe transit altitude) 

on its own. The sUAS is equipped with an intelligent battery monitoring system 

that will allow it to leave its present position and fly home with reserve battery 

power to make a safe landing. 

Line-of-Sight Loss – All flight operations will be conducted with the sUAS within 

visual sight of the operator. If the operator’s view becomes obstructed and line-ofsight is lost, the operator may instruct the sUAS to hover in place until line-ofsight is re-established, return to the take-off position, or land at the current 

position. 
Weather Conditions Beyond Limits – The sUAS itself assesses wind conditions, 

including gusts. Conditions exceeding the preset threshold result in a NFCR. 

Security -- The system and communication links are encrypted by the manufacturer’s 

proprietary software. The communication system and protocol is designed in such a way 

that control of the sUAS cannot be taken over by accident. The video feed is also 

encrypted. Unauthorized persons attempting to receive the video see a scrambled picture. 

Aeryon SkyRanger Characteristics

Measurements – 40” diameter deployed, 20x10” folded 

Weight (without payload) – 2.4kg (5.3 lbs)

Performance Characteristics

● Maximum Altitude – 1,500 ft. 

● Maximum Endurance – 50 minutes 

● Maximum Range – 3 km 

● Weather Minimums – None 

● Winds Maximum – 40 mph sustained, 55 mph gusts 

● Minimum ceiling: 500 ft 

● Minimum visibility: 1 sm 

● Precipitation and icing conditions – no visible moisture or icing conditions 

Frequency Allocations – 900 MHz, 2.4 GHz, 5.8 GHz, and custom 

Lighting – The SkyRanger is equipped with red LED lights at the end of each rotor arm, 

visible beyond 2,500 feet. 

Aeryon Scout Characteristics

Measurements – 31.5 in. x 31.5 in. x 7.9 in. 

Weight (without payload) – 1.4kg (3 lbs) 

Performance Characteristics

● Maximum Altitude – 1,500 ft. 

● Maximum Endurance – 25 minutes 

● Maximum Range – 3 km 

● Weather Minimums – None 

● Winds Maximum – 30 MPH sustained, 50 mph gusts 

● Minimum ceiling: 500 ft. 

● Minimum visibility: 1 sm 

● Precipitation and icing conditions – no visible moisture or icing conditions 

Frequency Allocations – 900 MHz and 2.4 GHz 
APPENDIX C 

SKYWORKS OPERATING LIMITATIONS 

1) Operations shall be limited to the following aircraft described in the operator’s 

manuals, which are quad copters (4 blades, 4 rotors) weighing less than 6.5 

pounds: Aeryon SkyRanger and the Aeryon Scout. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this grant. 

2) The sUAS shall not be flown at a ground speed exceeding 35 km/h. 

3) Above Ground Level (AGL) altitude shall be restricted to 400 feet, as indicated 

by the procedures specified in the operator’s manual. All altitudes reported to 

ATC shall be in feet AGL. 

4) The sUAS shall be operated within Visual Line of Sight (VLOS) of the PIC and 

visual observer at all times. The PIC must use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued medical 

certificate. 

5) All operations must utilize a visual observer. The visual observer may be used to 

satisfy the VLOS requirement as long as the PIC maintains VLOS capability. The 

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

must be designated before the flight and cannot transfer his or her designation for 

the duration of the flight. The PIC must confirm that the visual observer can 

perform the functions prescribed in the operator’s manual. 

6) The additional requirements identified in the exemption grant shall be added to 

the operator’s manual. The operator’s manual must be maintained and made 

available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in the granted exemptions and the operator’s manual, 

the conditions and limitations in the granted exemptions shall take precedence and 

must be followed. Otherwise, the operator must follow the procedures outlined in 

the operator’s manual. 

The operator may update or revise its operator’s manual. It is the operator’s 

responsibility to track such revisions and present updated and revised documents 

to the Administrator upon the request. The operator must also present updated 

and revised documents if it petitions for an extension or amendment of the 

granted exemptions. If the operator determines that nay update or revision would 

affect the basis upon which the FAA granted the exemptions, then the operator 

must petition for amendment to its exemptions. The FAA’s UAS Integration 

Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operator’s manual. 

7) Prior to each flight the PIC must inspect the sUAS to confirm that it is in a 

condition for safe flight. The PIC shall not operate the aircraft if the inspection 
reveals a condition that affects the safe operation of the sUAS until the necessary 

maintenance has been performed and the sUAS is found to be in a condition for 

safe flight. The Ground Control Station shall be included in the preflight 

inspection. All maintenance and alternations must be properly documented in the 

aircraft records; 

8) Any sUAS that has undergone maintenance or alterations that affect the sUAS 

operation or flight characteristics (e.g., replacement of a flight critical component) 

must undergo a functional test flight in accordance with the operator’s manual. 

The PIC who conducts the functional test flight must make an entry in the sUAS 

aircraft records of the flight. The requirements and procedures for a functional 

test flight and aircraft record entry shall be included in the operator’s manual. 

9) Skyworks must follow the manufacturer’s UAS aircraft/component maintenance, 

overhaul, replacement, inspection, and life limit requirements, with particular 

attention to flight critical components that may not be addressed in the 

manufacturer’s manuals. 

10) Skyworks shall carry out their maintenance, inspections, and record keeping 

requirements, in accordance with the operator’s manual. Maintenance, 

inspection, and alterations must be noted in the aircraft logbook, including total 

flight hours, description of work accomplished, and the signature of the 

authorized sUAS technician returning the sUAS to service. 

11)sUAS technicians must receive and document training referenced in the operator’s 

manual. 

12)sUAS maintenance personnel must make a record entry in the sUAS logbook or 

equivalent document of the corrective action taken against discrepancies 

discovered between inspections. 

13) The PIC must possess at least a commercial pilot certificate and at least a current 

second-class medical certificate. The PIC must also meet the flight review 

requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate. 

14) Prior to the operation, the PIC must have accumulated and logged, in a manner 

consistent with 14 C.F.R. § 61.51(b), a minimum of 200 flight cycles and 25 

hours of total time as a UAS rotorcraft operator and at least ten hours logged as a 

UAS operator with a similar UAS type (single blade or multirotor).10

 

10 Prior documented flight experience that was obtained in compliance with applicable regulations may 

satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted 

under this grant of exemption to accomplish the required flight cycles and flight time. During training, 

proficiency, and experience building flights, all personnel not essential are considered nonparticipants, and 

the operator must operate the sUAS with appropriate distance from nonparticipants in accordance with 14 

C.F.R. § 91.119. 
15) Prior to the operation, the PIC must have accumulated and logged a minimum of 

1 hour as sUAS pilot operating the sUAS and three take-offs and three landings 

within the preceding 90 days.11

16) Prior to operations, a flight demonstration as set forth in the operator’s manual, 

administered by a Skyworks-approved and qualified-pilot must be successfully 

completed and documented. This documentation must be available for review 

upon request by the Administrator. The flight demonstration shall be conducted 

in accordance with the operator’s manual. 

17) The sUAS shall not be operated directly over any person, except authorized and 

consenting individuals, below an altitude that is hazardous to persons or property 

on the surface in the event of a sUAS failure or emergency. 

18) Operating of the sUAS may be conducted at distances less than 500 feet from 

participating persons, vessels, vehicles or structures that perform an essential 

function in connection with these special purpose operations. Operations closer 

than 500 feet from the PIC, visual observer, operator trainees, and essential 

persons, are permitted when operationally necessary; but never so close as to 

present an undue hazard, per § 91.119(a). 

19) Operations of the sUAS may be conducted at distances less than 500 feet from 

vessels, vehicles or structures so long as the owner/controller grants such 

permission and the operation closer to these objects presents no safety hazard to 

nonparticipating persons or property. 

20) Operation of the sUAS must be conducted at least 500 feet from all 

nonparticipating persons, vessels, vehicles, and structures. 

21) If the sUAS loses communications or loses its GPS signal, the sUAS must return 

to a pre-determined location within the security perimeter and land or be 

recovered in accordance with the operator’s manual. 

22) The sUAS must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operator’s manual. 

23) The PIC is prohibited from beginning a sUAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the intended point of 

landing and, assuming normal cruising speed, to fly after that for at least 10 

minutes. 

 

11 Training, proficiency, experience-building, and take-off and landing currency flights can be conducted 

under this grant of exemption to accomplish the required flight time and 90 day currency. During training, 

proficiency, experience building, and take-off and landing currency flights all persons not essential for 

flight operations are considered nonparticipants and the operator must operate the sUAS with appropriate 

distance from nonparticipants in accordance with 91 C.F.R. § 91.119. 
24) Skyworks shall obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operation. This COA 

will also require the filing of the NOTAM not more than 72 hours in advance, but 

not less than 48 hours prior to the operation. 

25) All aircraft operated in accordance with the requested exemption must be 

identified by serial number, registered in accordance with 14 C.F.R. Part 47, and 

have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, 

Subpart C. Markings shall be as large as practicable. 

26) Each sUAS must comply with all manufacturer System and Safety Bulletins. 

27) The preflight inspection required in the operator’s manual shall account for all 

discrepancies (i.e., inoperable components, items, or equipment) not covered in 

the relevant pre-flight inspection sections of the manufacturer’s operating manual. 

28) The radio frequency spectrum used for operation and control of the sUAS must 

comply with Federal Communication (FCC) or other appropriate government 

oversight agency requirements. 

29) The documents required under 14 C.F.R. §§ 91.9 and 91.203 shall be available to 

the operator at the Ground Control Station of the sUAS any time the aircraft is 

operating.12 

30) The sUAS 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.). 

31) Operations shall occur during Visual Flight Rules Meteorological Conditions 

(VMC); flights under special visual flight rules (SVFR) shall not be conducted. 

32)sUAS shall not be operated from any moving device or vehicle. 

33)sUAS shall 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. 

34) All operations shall occur in Class G airspace; the sUAS may not operate in Class 

B, C, or D airspace without written approval from the FAA. All operations will 

be conducted outside of a 5 NM range of the geographic center of a non-towered 

airport as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the grant of this 

exemption. 

 

12 These documents shall be made available to the Administrator or any law enforcement official upon 

request. 
35) Operations shall be conducted over private and/or controlled-access property (i.e. 

no unauthorized persons) with permission from the land owner/controller or 

authorized representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

36) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be 

reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. 

Accidents shall be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

37) Operations occurring at night, as defined by 14 C.F.R. § 1.1, shall also meet the 

following conditions: 

a. The operating area, consisting of the footprint of commercial buildings 

and a designated take-off, landing, and transit areas, will have controlled 

access (i.e., no unauthorized persons in operating area) and be illuminated 

in accordance with the operating manual; 

b. Only the SkyRanger sUAS will be used; 

c. Lights on the SkyRanger must be installed, operable, and used at all times; 

d. The sUAS must be operated with an infrared camera and the camera video 

feed must be available to the PIC through the ground control station at all 

times during flight; 

e. An unauthorized incursion into the operating area, malfunction of lights 

(ground or sUAS), or failure of infrared video requires immediate 

termination of the flight with a landing at a designated location, unless the 

PIC determines that safety requires landing at an alternative location; and 

f. The PIC must have accumulated and logged a minimum of 25 night flight 

cycles and 10 hours of total night time operation as a UAS rotorcraft 

operator and at least ten hours logged as a UAS operator with a similar 

UAS type (single blade or multirotor) during night operations.