www.pillsburylaw.com 1 

Kenneth P. Quinn 

tel 202.663.8898 

kquinn@pillsburylaw.com 

Pillsbury Winthrop Shaw Pittman LLP 

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

June 22, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Supplement to Industrial Skyworks’ Exemption Request Under 

Section 333 of the FAA Reform Act, 49 U.S.C. § 44701(f), and Part 11 

of the Federal Aviation Regulations (Docket No. FAA-2014-1060) 

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

to the FAA’s requests on June 9, 2015, enclosed are materials responsive to the 

FAA’s requests, which are intended to clarify the scope of the nighttime operations 

request and reflect the revisions to the Standard Operating Procedures (“SOP”) and 

Company Operations Manual (“COM”) consistent with the FAA’s requests. These 

materials also include additional information on nighttime risk mitigation and the 

significant safety benefits from using the Aeryon SkyRanger (“SkyRanger”) to 

conduct nighttime building inspections for personnel who otherwise physically 

inspect near the rooftop perimeters and on scaffolding in darkness. The enclosed 

supporting materials are: (i) a summary chart of nighttime hazards and risks, and 

Skyworks’ mitigation, Appendix A; (ii) summary charts of revisions to Skyworks’ 

SOP and COM, Appendix B;1 (iii) Skyworks’ COM and SOP, re-written on June 17, 

2015; and (iv) to streamline your review, redlines of changes to Skyworks’ COM and 

SOP, showing changes between the versions submitted and the revised versions.2 We 

request that the FAA grant Skyworks’ exemption request, including for nighttime 

operations, as set forth below and in our prior requests.3

 

1

 The charts reflect substantive SOP and COM revisions, not grammatical or formatting changes. 

2

 Due to reformatting, some redline changes do not accurately reflect the actual changes (i.e., 

indicating text deletions and additions in lieu of table reformatting). For your convenience, 

Appendix B lists the substantive changes to the SOP and COM. 3

 See Letter from K. Quinn, Pillsbury, to U.S. Department of Transportation (Dec. 15, 2014) 

(hereinafter “Exemption Request”) and Letter from K. Quinn, Pillsbury, to U.S. Department of 

Transportation (Mar. 17, 2015) (the “Exemption Request Amendment”). 
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A summary of Skyworks’ exemption request, COM, and SOP clarifications and 

revisions is below: 

 For daytime and nighttime operations, Skyworks will use the SkyRanger. 

Skyworks withdraws its request to operate the Aeryon Scout (“Scout”) and 

has removed COM and SOP references to the Scout. 

 We have provided detailed explanations of the SkyRanger’s lighting system 

and crewmember night adaptation procedures, including: 

o SkyRanger is only equipped with red light emitting diode (“LED”) 

lights that are visible up to 5,000 feet. 

o COM and SOP revisions require that the pilot in command (“PIC”) 

and observer are in place for night adaptation, supplemental lighting is 

designed and positioned to maintain night adaptation, and the 

emergency procedures are followed when night adaptation is lost. 

 Skyworks confirms that it will operate the SkyRanger within visual line-ofsight (“VLOS”) and has revised its COM to ensure that the PIC and observer’s 

positions are assessed for their ability to maintain VLOS. 

 Skyworks’ COM and SOP revisions reflect the training and proficiency 

requirements of its PIC for nighttime operations and its maintenance 

personnel. Skyworks also clarified its maintenance documentation 

requirements in its COM. 

 Skyworks amends the proposed nighttime operating area to include 100 feet 

beyond the footprint of the building for purposes of wall inspections, subject 

to the standard conditions (e.g., sterile area). 

 COM and SOP revisions limit their application to approved U.S. operations 

and remove references to Canadian operations. The COM and SOP were also 

streamlined to better reflect the FAA’s standard format for technical 

documents and edited to remove inconsistencies. 

Skyworks requests confidential treatment of the enclosed materials and attached 

information as confidential and proprietary under 14 C.F.R. § 11.35(b). The manuals 

and this supplement’s attachments contain proprietary information that Skyworks has 

not and will not share with others. This supplement’s attachments and enclosed 

materials contain procedures that are not available to the public and are protected 

from release under the Freedom of Information Act, 5 U.S.C. § 552, et seq. 
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I. NIGHTTIME RISKS AND SKYWORKS’ MITIGATION

Skyworks has operated the SkyRanger in Canada at nighttime for 16 months, giving 

Skyworks the unique ability to realize nighttime hazards and risks, as well as the 

mitigating actions necessary to reduce such risks. In addition, thermal imaging of 

buildings can only be conducted at nighttime, which increases the risks to personnel 

physically inspecting roofs and walls near rooftop perimeters or on scaffolding in 

darkness. Using the SkyRanger for nighttime infrared inspections greatly enhances 

safety to the personnel performing the nighttime inspections. 

Appendix A lists the nighttime-specific hazards, associated risks, and the 

corresponding mitigating actions in Skyworks’ proposed operating limitations, COM, 

and SOP. Skyworks respectfully submits that such mitigation achieves an equivalent 

or increased level of safety as daytime operations. 

II. COM AND SOP REVISIONS AND SUPPLEMENTAL INFORMATION

Pursuant to the FAA’s request, Skyworks reviewed its exemption request, COM, and 

SOP, and addressed the items contemplated in its Safety Case (i.e., revised the COM) 

and issues discussed on the June 9th teleconference with the FAA, which are 

summarized in Appendix B and below: 

A. Skyworks Requests Exemptions to Operate the SkyRanger at Daytime and 

Nighttime, Withdraws its Request to Operate the Scout, and Requests 

Standard Operating Conditions for its Daytime Operations. 

To simplify Skyworks’ exemption request, Skyworks withdraws its request to operate 

the Scout.4

 Accordingly, Skyworks’ proposed operating limitations are revised to 

remove the Scout and the need to limit nighttime operations to the SkyRanger.5 

Skyworks has also amended its COM and SOP to remove the Scout.6

 

4

 Skyworks requested exemptions to operate the Scout only at daytime and the SkyRanger at daytime 

and nighttime. Accordingly, Skyworks submitted information on both sUAS and proposed limiting 

nighttime operations to the SkyRanger. 

5

 Exemption Request, App’x C ¶ 1 (generally limiting operations to the SkyRanger and Scout) and 

¶ 37(b) (limiting nighttime operations to the SkyRanger). 

6

 The FAA may disregard those portions of Skyworks’ exemption request solely relating to and 

supporting operation of the Scout. See Exemption Request at 1-2 (requesting to operate the Scout 

(... continued) 
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In addition, at the time of Skyworks’ exemption request, certain operating conditions 

were required of Section 333 exemption operations that Skyworks believes are 

necessary for nighttime operations. Not all of the operating conditions continue to be 

applied. For example, the FAA now permits the PIC to operations by airline 

transport, sport, and recreational pilots, in lieu of commercial or private pilots. 

As noted in Skyworks’ exemption request, the FAA may modify Skyworks’ proposed 

operating limitations as required by Section 333.7

 Skyworks requests that its 

proposed daytime operations be subject to the standard conditions required of other 

daytime Section 333 exemption operations. For nighttime operations, Skyworks will 

continue to use commercial pilots with second-class medical certificates. 

B. Skyworks Will Operate the SkyRanger at Nighttime With Red LED Lights 

That Are Visible Up To 5,000 Feet. 

Skyworks has amended its COM to clarify that only red LED identification lights are 

installed on the SkyRanger that are visible up to 5,000 feet.8 With these lights, 

Skyworks believes that the PIC, observer, and other manned aircraft will be able to 

locate the SkyRanger. The lights are visible far beyond the PIC and observer’s 

positions. Manned aircraft, notified of the operation by a Notice to Airmen 

(“NOTAM”), will be able to locate the sUAS up to 5,000 feet away. 

C. The Revised COM and SOP Ensure the PIC and Observer’s Night Adaptation. 

From its experience, Skyworks has found that lighting the takeoff/landing area and 

PIC and observer night adaptation are necessary for safe nighttime operations. For 

example, takeoff/landing area lighting allows the PIC to see the distance between the 

 

(... continued) 

and discussing the Scout’s weight); id., App’x A at 1 and 3 (discussing the Scout’s weight and the 

proposed Scout fuel requirements); id., App’x B at 1 and 6 (discussing the Scout’s characteristics). 7

 Exemption Request at 2. 

8

 Skyworks initial exemption request explained that the red LED lights installed on the Aeryon 

SkyRanger (“SkyRanger”) are visible “beyond 2,500 feet.” Exemption Request at 4 and App’x B at 

6. In the Exemption Request Amendment, Skyworks clarified that the red LED lights were visible 

up to and beyond 5,000 feet. See Exemption Request Amendment at 3 and note 6. Aeryon can 

install green LED and infrared lights on the SkyRanger. However, the operator may only select one 

color to operate on the sUAS at a time. See Aeryon SkyRanger User Guide at 105. Green LED and 

infrared lights are not installed on Skyworks’ SkyRanger. 
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sUAS and the ground during takeoff and landing, and allows the observer to monitor 

that people remain at a safe distance. Operating at higher altitudes and with night 

adaptation, the PIC and observer can see the sUAS and look for airspace hazards. 

For Skyworks’ Canadian nighttime operations, the takeoff/landing area lighting is 

positioned so that the PIC and observer do not look directly into the light source. The 

ground LED markers, also used for medevac helicopters, have a diffuse appearance to 

not interfere with night adaptation. Skyworks has found that proper lighting and light 

positioning allow the PIC and observer to maintain night adaptation. Skyworks 

proposes the same successful process for its U.S. operations. Skyworks’ revised its 

COM and SOP to ensure that the PIC and observer obtain and maintain night 

adaptation, properly position supplemental lighting, and take emergency action when 

night adaptation is lost. 

D. Skyworks’ Revised COM and SOP Reflect Nighttime Operations Training. 

Skyworks requires comprehensive training of its PICs, including flight instruction and 

ground school. Under Skyworks’ proposed operating limitations, a PIC must also 

accumulate nighttime operating experience.9 Skyworks revised its COM and SOP to 

reflect the operating limitations’ nighttime experience requirements. Skyworks also 

revised the COM’s flight instruction and ground school syllabi to include nighttime 

procedures, night adaptation physiology, and positioning of supplemental lighting. 

Skyworks believes that the comprehensive daytime and nighttime operations training 

further mitigates the potential at nighttime operating risks to achieve an equivalent or 

greater level of safety as daytime operations. 

E. The sUAS Shall Be Operated Within VLOS of the PIC and Observer. 

Under the proposed operating limitations, Skyworks’ operations must be within the 

PIC and observer’s VLOS at all times.10 To maintain VLOS, the PIC and observer 

are properly positioned and the sUAS is operated at a sufficient height above the 

building, but not to exceed 400 feet above ground level. Skyworks amended its COM 

and Site Assessment to include an assessment of the PIC and observer positions to 

 

9

 Exemption Request at App’x C ¶ 37 (requiring (i) 25 night flight cycles, (ii) 10 hours of total 

nighttime operation as a UAS rotorcraft operator; and (iii) 10 hours as a UAS operator with a similar 

UAS type (single blade or multirotor) during night operations). 10 Exemption Request at 5 and App’x C, ¶ 4. 
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ensure that the PIC and observer maintain VLOS. Skyworks has also noted that the 

COM’s figures do not depict the PIC or observer’s locations, or VLOS. 

F. Skyworks Reconciled Its Exemption Request, COM, and SOP. 

1. Building Inspections Will Include Operations 100 Feet Beyond the Building’s 

Footprint.

Skyworks’ nighttime building inspections include rooftops and walls. To inspect the 

walls, Skyworks must operate beyond the footprint of the building. Skyworks will 

operate no farther than 100 feet laterally of the inspection building, but not operate so 

close to the building as to present an undue hazard.11 Skyworks amends the proposed 

operating limitation to state:12 

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

the area 100 feet laterally beyond the building’s footprint, and a 

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

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

accordance with the operating manual. 

Skyworks’ revised COM and SOP also reflect this limited nighttime operating area. 

2. Skyworks’ Revised COM Reflects the Required Qualifications Necessary to 

Perform Maintenance on the sUAS. 

Under Skyworks’ proposed operating limitations, sUAS technicians must receive and 

document training referenced in the COM.13 Skyworks amended its COM to reflect 

the maintainer training requirements. Skyworks has also clarified its maintenance 

documentation procedures in its COM. 

 

11 See 14 C.F.R. § 91.119(a). 

12 See Exemption Request, App’x ¶ 37(a). 13 Exemption Request, App’x C ¶ 11. 
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3. Skyworks Clarifies Exemption Request References to Code of Federal 

Regulations. 

In the “Exemptions Requested” section of Skyworks’ exemption request, Skyworks 

listed the regulations from which it sought an exemption and included 14 C.F.R. § 

91.209.14 Skyworks clarifies that Appendix A of the exemption request regarding 

Aircraft Position Lights should reflect 14 C.F.R. § 91.209.15

III. CONCLUSION

Skyworks has extensive experience operating sUAS at nighttime. Skyworks 

respectfully submits that nighttime operations may be conducted at an equivalent or 

greater level of safety as daytime operations when the necessary mitigating actions 

are taken, as supported by Skyworks’ Safety Case. The proposed operating 

limitations and company standards and procedures, as set forth in its exemption 

request, COM, and SOP include those mitigating actions. Skyworks respectfully 

requests that the FAA approve Skyworks’ exemption request and permit Skyworks to 

operate the SkyRanger at daytime and nighttime. 

Thank you for your consideration. 

Sincerely, 

Kenneth P. Quinn 

Enclosures 

cc: Michael Cohen, Industrial Skyworks 

 Lance Lehman, Industrial Skyworks 

 

14 Exemption Request at 3. 

15 Exemption Request, App’x A at 3.