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 Skyw orks’ Exemption Request Under Section 333 of the FAA Reform Act, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regula tions (Docket No. FAA-2014-1060)

On behalf of our client, Industrial Skywor ks (USA), Inc. (“Skyworks”), and pursuant to the FAA’s requests on June 9, 2015, enclos ed are materials responsive to the FAA’s requests, which are intended to clar ify the scope of the nighttime operations request and reflect the revisions to the St andard Operating Procedures (“SOP”) and Company Operations Manual (“COM”) consis tent with the FAA’s requests. These materials also include additional informa tion 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 ch art of nighttime hazards and risks, and Skyworks’ mitigation, Appendix A; (ii) summa ry charts of revisions to Skyworks’ SOP and COM, Appendix B; 1 (iii) Skyworks’ COM and SO P, re-written on June 17, 2015; and (iv) to streamline your review, re dlines of changes to Skyworks’ COM and SOP, showing changes between the versi ons submitted and the revised versions. 2 We request that the FAA grant Skyworks’ ex emption request, incl uding for nighttime operations, as set forth below and in our prior requests. 3

1 The charts reflect substantive SOP and COM re visions, 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”).June 22, 2015 Page 2

www.pillsburylaw.com 2 A summary of Skyworks’ exemption reque st, COM, and SOP clarifications and revisions is below:

 For daytime and nighttime operations, Skyworks will use the SkyRanger. Skyworks withdraws its request to ope rate 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 adapta tion 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 mainta in 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 refl ect the training and proficiency requirements of its PIC for nighttime operations and its maintenance personnel. Skyworks also clarif ied 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 appl ication to approved U.S. operations and remove references to Canadian ope rations. 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 propriet ary 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. Th is 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

.June 22, 2015 Page 3

www.pillsburylaw.com 3 I. N IGHTTIME R ISKS AND S KYWORKS ’ M ITIGATION
Skyworks has operated the SkyRanger in Ca nada at nighttime fo r 16 months, giving Skyworks the unique ability to realize ni ghttime 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 nighttim e 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 Skywor ks’ proposed operating limitations, COM, and SOP. Skyworks respectfully submits that such mitigation achieves an equivalent or increased level of safe ty as daytime operations.

II. COM AND SOP R EVISIONS AND S UPPLEMENTAL I NFORMATION
Pursuant to the FAA’s request, Skyworks re viewed its exemption request, COM, and SOP, and addressed the items cont emplated in its Safety Case ( i.e., revised the COM) and issues discussed on the June 9 th teleconference with the FAA, which are summarized in Appendix B and below:

A. Skyworks Requests Exemptions to Op erate 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, S kyworks withdraws its request to operate the Scout. 4 Accordingly, Skyworks’ proposed op erating limitations are revised to remove the Scout and the need to lim it 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 Sc out only at daytime and the SkyRanger at daytime

and nighttime. Accordingly, Skyworks submitte d 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 (requ esting to operate the Scout (... continued)June 22, 2015 Page 4

www.pillsburylaw.com 4 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 th e 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 SkyRange r 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 PI C and Observer’s Night Adaptation.

From its experience, Skyworks has found th at lighting the takeoff/landing area and PIC and observer night adaptation are necessa ry 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 th e sUAS at a time. See Aeryon SkyRanger User Gu ide at 105. Green LED and infrared lights are not installed on Skyworks’ SkyRanger.June 22, 2015 Page 5

www.pillsburylaw.com 5 sUAS and the ground during takeoff and land ing, and allows the observer to monitor that people remain at a safe distance. Op erating at higher alt itudes 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 th e light source. The ground LED markers, also used for medevac he licopters, have a diffuse appearance to not interfere with night adap tation. Skyworks has found th at 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 li ghting, 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 f light instru ction and ground school. Under Skyworks’ proposed op erating 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 ope rating 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, Skyw orks’ 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 th e sUAS is operated at a su fficient 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; an d (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.June 22, 2015 Page 6

www.pillsburylaw.com 6 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 Exem ption Request, COM, and SOP.

1. Building Inspections Will Include Opera tions 100 Feet Beyo nd the Building’s Footprint.

Skyworks’ nighttime building inspections incl ude rooftops and walls. To inspect the walls, Skyworks must operate beyond the f ootprint 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 beyo nd the building’s footprint, and a designated take-off, landing, and trans it areas, will have controlled access (i.e., no unauthorized persons in the ope rating 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 Re quired 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. S kyworks 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.June 22, 2015 Page 7

www.pillsburylaw.com 7 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 in cluded 14 C.F.R. § 91.209. 14 Skyworks clarifies that Appendix A of the exemption request regarding Aircraft Position Lights s hould reflect 14 C.F.R. § 91.209. 15

III. C ONCLUSION
Skyworks has extensive experience opera ting 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’ Sa fety Case. The proposed operating limitations and company standards and proc edures, as set forth in its exemption request, COM, and SOP include those mitig ating 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.