July 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Skyworks Innovation, LLC hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to conduct commercial operation of designated Unmanned Aircraft Systems 

(referred to as UAS), provided such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.

Commercial operations of a Skyworks Innovation, LLC UAS, which are equipped with camera(s) 

and sensors, would provide professional services in the following areas:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public 

events, landscape cinematography and network news imaging.

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation.

6. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future UAS operations within the 

National Airspace System (NAS).

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As described below, the requested exemption would permit the operation of a designated UAS 

as set forth in this document under controlled conditions in the NAS that would be compliant 

with all local, state, and federal regulations. Approval of this exemption would further the positive 

public image of UAS operations in a safe and responsible manner and further the seamless 

integration of these aircraft types into the National Airspace System. Additionally, because of the 

electric propulsion systems and their reduced impact on the environment (both in economic 

terms and ecological disruptions), a reasonable level of benefit to the public good would also be 

provided as Skyworks Innovation, LLC would be able to operate on a significantly minimized 

infrastructure while providing the same level of safety and service currently performed by 

conventional aerial photography and filming aircraft.

The name and address of the applicant is:

Benjamin Henry Sewell (FAA license: 3302606 ATP) 

Skyworks Innovation, LLC 

7151 Dalewood Lane 

Dallas, Texas 75214

Phone: 972-740-2950

Email: wingandaprayer727@yahoo.com 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

It is the request of Skyworks Innovation, LLC that it will operate two of the following model type 

of UAS:

DJI Phantom 3 Professional (please refer to the complete specifications on the next page)

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UAS DJI Phantom 3 Professional Specifications:

Type Quad rotor, fixed gear and propellors

Weight (Including Battery And Propellers) 1280 g

Diagonal Size (Including Propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy

 • Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m 

 • Horizontal: +/- 1.5 m 

Max Speed 35 miles per hour, or 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level 6000 m

Operating Temperature 0°C to 40°C

Gps Mode GPS/GLONASS

Camera Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total 

pixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8, 

focus at ∞

Iso Range 100-3200 (video) 100-1600 (photo)

Shutter Speed 8s -1/8000s

Image Max Size 4000 x 3000

Still Photography Modes

 • Single Shot 

 • Burst Shooting: 3/5/7 shots 

 • Auto Exposure Bracketing (AEB): 3/5 

 • Bracketed Frames at 0.7EV Bias 

 • Time-lapse 

Video Recording Modes

Phantom 3 Professional

 • UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 

 • FHD: 1920x1080p 24/25/30/48/50/60 

 • HD: 1280x720p 24/25/30/48/50/60 

Supported Sd Card Types Micro SD

Max capacity 64 GB. Class 10 or UHS-1 rating required

Max Bitrate Of Video Storage 60 Mbps

Supported File Formats

 • FAT32/exFAT 

 • Photo: JPEG, DNG 

 • Video: MP4, MOV (MPEG-4 AVC/H.264) 

Operating Temperature 0°C to 40°C

Gimbal Controllable Range Pitch -90° to +30°

Stabilization 3-axis (pitch, roll, yaw)

Vision Positioning (VPS) Max Velocity Less than 8 m/s (when 2 m above 

ground)

Altitude Range 30 cm-300 cm

Operating Range 30 cm-300 cm

Operating Environment Surface with clear pattern and adequate lighting 

(Lux > 15)

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DJI Phantom 3 Remote Controller Specifications:

Operating Frequency 2.400 GHz-2.483 GHz

Max Distance 2000m (outdoors and unobstructed)

Video Output Port USB

Operating Temperature 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder For tablet or phone

Receiver Sensitivity (1%Per) -101 dBm ±2 dBm

Transmitter Power (Eirp)

 • FCC: 20 dBm 

 • CE: 16 dBm 

Working Voltage 1.2 A @7.4 V

Battery Charger Specifications:

Battery Charger Voltage 17.4 V

Rated Power 100 Watts

Intelligent Flight Battery Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g (per battery)

Max Flight Time Approximately 23 minutes

Operating Temperature -10°C to 40°C

Max Charging Power 100 W

Mobile Viewing Device Specifications:

App / Live View Mobile App

DJI Pilot Eirp 100mW

Live View Working Frequency 2.4GHz ISM

Live View Quality 720P @ 30fps (depending on conditions and 

mobile device)

Latency 220ms (depending on conditions and mobile 

device)

Required Operating Systems iOS 8.0 or later, Android 4.1.2 or later

Recommended Devices

 • iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad mini 2, 

iPad mini 2 Wi-Fi + Cellular, iPad Air 2, iPad Air 2 Wi-Fi + Cellular, iPad mini 3, and iPad 

mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

 • Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 

3, Nubia Z7 mini

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Operations and Regulatory Compliance Specifications

The UAS will be operated in full compliance with all manufacturer guidelines, but not to exceed 

any limitations or restrictions as defined by approved operating documents or Federal Aviation 

Regulations. The mobile viewing device used with the controller shall be of a type that is 

specifically recommended for use by the manufacturer (currently an Apple iPad Air 2 running the 

latest iOS software and DJI Pilot application program). Software and/or firmware updates will 

also be completed as required to ensure optimal operation of the system. 

Due to the small size of Skyworks Innovation, LLC UAS aircraft and the restricted environment 

within which they will operate, Skyworks Innovation, LLC UAS operations will remain well within 

the Reform Act’s safety requirements. Secondly, due to the small size of the UAS platform and 

the predetermined areas in which it will operate, approval of this application presents no 

national security issues. Based upon the elevated level of safety surrounding the proposed 

operations, the significant public benefit of these enhanced safety procedures, and the reduction 

in environmental impacts (reduced emissions and noise), the grant of the requested exemption 

is believed to be in the public interest. Accordingly, Skyworks Innovation, LLC respectfully 

requests that the FAA grant the requested 333 exemption.

The applicant proposes that the exemption requested apply to UAS that have the characteristics 

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

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

operations represent a safety enhancement to the existing aerial photography and aerial filming 

for movie and television filming operations conducted with conventional aircraft.

These limitations and conditions to which Skyworks Innovation, LLC agrees to be bound 

when conducting commercial operations under an FAA issued 333 exemption include, 

but are not limited to:

1. Operations authorized by this grant of exemption will be limited to the DJI Phantom 3 series 

and a ramp weight of less than 55 pounds, including payload. Proposed operations of any other 

UAS type at Skyworks Innovation, LLC will require a new petition or an amendment to this 

exemption.

2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). The pilot 

may use either groundspeed or calibrated airspeed (as presented via telemetry data on the 

mobile viewing device) to determine compliance with the 87 knot speed restriction. In no case 

will the Phantom 3 be operated at airspeeds greater than the maximum operating airspeed 

recommended by the aircraft manufacturer.

3. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL (as presented via telemetry data on the mobile viewing 

device) .

4. The UA will be operated within visual line of sight (VLOS) of the PIC at all times.

5. All operations will utilize a visual observer (VO). The UAS will be operated within visual line of 

sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS 

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requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be 

able to communicate verbally at all times. The PIC must ensure that the VO is qualified to

perform the duties required of the VO.

6. This exemption and the operating documents needed to operate this UAS must be accessible 

during all operations, and if a discrepancy exists between the conditions and limitations in this 

exemption and the procedures outlined in the operating documents, the conditions and 

limitations herein will take precedence.

7. If the approved UAS has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight component, it must undergo a functional test 

flight prior to conducting further operations under this exemption. Functional test flights may only 

be conducted by a PIC with a VO and must remain at least 500 feet from other people or 

structures. The test flight must be conducted in such a manner so as to not pose a hazard to 

persons and property.

8. The operator will be responsible for maintaining and inspecting the UAS to ensure that it is in 

an airworthy condition for safe operation.

9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection will be used to determine if any potential 

discrepancies, e.g., inoperable components, items, or equipment exists. If the inspection reveals 

a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance and/or corrective action has been performed and the UAS is 

determined to be in a condition for safe flight.

10. Skyworks Innovation, LLC will follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft components.

11. Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

12. The PIC must hold either an airline transport or commercial certificate. The PIC must also 

hold a current FAA airman medical certificate or a valid U.S. driver’s license. The PIC must also 

meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate.

13. Skyworks Innovation, LLC will not permit any PIC to commence operations unless the PIC 

demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will 

be operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. 

14. PIC qualification flight hours and currency will be logged in a manner consistent with

14 CFR § 61.51(b). During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants, and the PIC will operate the UAS

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations will not be conducted during night as part of this exemption, as defined in 

14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC).

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16. Skyworks Innovation, LLC UAS will not operate within 5 nautical miles of an airport 

reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 

airports not denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement (LOA) with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption holder.

17. The UAS will not operate 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 and VO.

18. If the UAS loses communications or loses its GPS signal, the PIC will initiate a Return to 

Home (RTH) to it’s known takeoff point. Further, the UAS will utilize the manufacturer’s failsafe 

flight profile that requires the UAS to initiate a climb to the maximum altitude (400 feet AGL), 

then proceed to the pre-determined home point, and then initiate a vertical descent to landing to 

avoid potential obstacles along it’s return path. 

19. The PIC will immediately abort the flight in the event of unpredicted obstacles or 

emergencies.

20. The PIC will not operate the UAS unless (considering wind and forecast weather conditions) 

there is enough available power for the UA to conduct the intended operation and to operate 

after that for at least five minutes or with the reserve power recommended by the manufacturer 

if greater. Low power warning will be set to 25% (termination of operations and an immediate 

return to the takeoff point), and critical power will be 10% (automatic auto land sequence is 

initiated). 

21. All operations shall be conducted in accordance with an ATO (air traffic organization)-issued 

COA (certificate of waiver or authorization). Skyworks Innovation, LLC will apply for a new or 

amended COA if it intends to conduct operations that cannot be conducted under the terms of 

the attached COA.

22. All UAS operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

23. All documents and manuals used to ensure the safe operation and flight of the UAS as well 

as any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time it is operating. These documents and manuals 

will be presented to the Administrator or any law enforcement official upon request.

24. The UAS will remain clear and give way to all manned aviation operations and activities at 

all times. 

25. The UAS will not be operated by the PIC from any moving device or vehicle.

26. All flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

A. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

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nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations will cease immediately to ensure the safety of nonparticipating persons.

B. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be conducted.

Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

28. If operations for television filming and production are approved, the following additional 

conditions and limitations will apply.

29. Skyworks Innovation, LLC must have exemption permits for operations for the purpose of 

closed-set motion picture and television filming.

29. The operator must have a motion picture and television operations manual (MPTOM) as 

documented in this grant of exemption.

30. At least 3 days before aerial filming, Skyworks Innovation, LLC will submit a written Plan of 

Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of 

proposed filming. The 3-day notification may be waived with the concurrence of the FSDO. The 

plan of activities will include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners

and/or local officials to conduct the filming production event; the list of those

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city,

town, county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

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32. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations will comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 

47, 61, and 91.

33. The UAS will only operate within a defined boundary area throughout all phases of flight. 

Security will be monitored by the operator and designated security personnel.

34. A preflight briefing will be conducted in regard to the day’s planned UAS operations. All 

personnel who will be performing duties within the boundaries of the safety perimeter be present 

for this briefing. Preflight briefing items will include, but are not limited to:

a. Authorized UAS flight operations, mission plan of activities, and special provisions issued by 

the Flight Standards District Office having jurisdiction over the photo / filming area.

b. Radio communications (if required for operations permitted within 5 miles of an airport).

c. Takeoff procedures.

d. Maneuvering of the UAS to be conducted during the event.

e. Approach and landing procedures.

f. Alternate landing zone in the event of emergency or security breach.

g. Weather and special considerations.

h. Emergency procedures.

i. Safety briefing for participating personnel.

j. Safety procedures of non-participating persons.

k. Definition of operational boundaries.

l. Regulatory requirements: local, state, or federal. 

m.Any additional limitations or procedures unique to the operations.

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

1

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4 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

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 and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The UAS to be operated hereunder is less 

than 55 lbs. including payload, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured area as set out in 

the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by both the operator, pursuant to the Manual’s requirements, and under the 

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

area of operation as is now done with conventional filming. The FAA will have advance notice of 

all operations. These safety enhancements, which already apply to civil aircraft operated in 

connection with motion picture and television production, provide a greater degree of safety to 

the public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

When marks include only the Roman capital letter "N" and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, 

or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as 

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s 

license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAS is remotely controlled with no souls on 

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

coordinated in advance as set forth in the Manual. The level of safety provided exceeds that 

provided by a single individual holding a commercial pilot’s certificate operating a conventional 

aircraft. The risks associated with the operation of the UAS are so diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the UAS as requested with a private pilot as the PIC exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b).

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the Manufacturers Operating 

Manual for maintenance and use of safety check lists prior to each flight, an equivalent level of 

safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

The UAS, given its size and configuration has no ability or place to carry such a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained 

by keeping the flight manual at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 

and 10700.

14 C.F.R. § 91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions including reviewing current weather 

conditions and forecasts, flight time and battery requirements, establishing a clear takeoff and 

landing zone, and aircraft performance data before initiating flight.

14 C.F.R. §91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety can be 

achieved as neither a pilot nor passengers will be carried in the aircraft in addition to the small 

size and low speed of the aircraft.

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14 C.F.R. §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is not a helicopter and the exemption requests authority to operate 

at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming 

is planned, an exemption may be needed to allow such operations. As set forth herein, except 

for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 

AGL. It will however be operated in a restricted area with security perimeter, where buildings 

and people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Because of the advance notice to the property owner and participants in 

the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighing more than the maximum 55lbs. 

proposed herein and the lack of a flammable fuel source, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation 

between these small-UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

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

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

will be achieved by the operator, pursuant to the Manual and Safety Check list, by receiving 

altitude information via a digitally encoded telemetric data feed, which downlinks from the 

aircraft to a ground-based on-screen display. This altitude information will be generated by 

equipment installed on board the aircraft, using GPS triangulation, or digitally encoded 

barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero 

altitude initiation point will be established and confirmed for accuracy by the pilot.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) 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 battery powering a small UAS provides approximately 23 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights of this type would not 

be possible. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or 

night VFR conditions is reasonable. Skyworks Innovation, LLC believes that an exemption from 

14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing 

Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Skyworks Innovation, LLC believes that an equivalent 

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level of safety can be achieved by limiting flights to 23 minutes or 25% of battery power, 

whichever happens first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited operating area. Similar exemptions have 

been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Civil Aircraft: Certificates Required

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew.

A small UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. 

As such, there is no ability or place to carry certification and registration documents or to display 

them on a sUAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the sUAS will have immediate access to them, to 

the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700.

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

Inspections

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

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

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

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to a UAS operated by Skyworks Innovation, LLC . Maintenance will 

be accomplished by the operator pursuant to the flight manual and operating handbook. As the 

manufacturer does not provide specific maintenance instructions, maintenance will be “on 

condition” for all aircraft and each aircraft will have a maintenance log. An equivalent level of 

safety will be maintained because small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical issues 

arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As 

provided in the Manual, the operator will ensure that the UAS is in working order prior to 

initiating flight as part of a detailed preflight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator will be the individual most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent 

level of safety. If the operator encounters a maintenance issue which cannot be addressed, the 

UAS will be returned to the manufacturer or a qualified repair facility where such repairs or 

maintenance can be performed. These repairs will also be noted in the aircraft maintenance log.

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Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Applicant (Skyworks Innovation, LLC) seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);

91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1);

91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to commercially operate a small unmanned 

aerial system (55lbs or less) in aerial photography and aerial filming operations.

Approval of exemptions allowing commercial operations of sUASs in the aerial photo and film 

industry will enhance safety by reducing risk. Conventional film operations, using jet or

piston power aircraft, operate at extremely low altitudes close to the subject being filmed and in 

near proximity to people and structures and present the risks associated with vehicles that 

weigh in excess of 3000 pounds and carry large amounts of fuel. Such aircraft must fly to and 

from the film location. In contrast, a small UAS weighing less than 55 lbs. and powered by 

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel 

carried on board. The UAS is carried to the film set or location and not flown. The small UAS will 

also carry no passengers or crew and, therefore, will not expose them to the risks associated 

with manned aircraft flights. The operation of a small UAS weighing less than 55 pounds, 

conducted in the strict conditions outlined above, will provide an equivalent or increased level of 

safety supporting the grant of the exemptions requested herein, including the exemption of the 

applicant from the requirements of Part 21 and allowing commercial operations. These small, 

unmanned aircraft operate at slow speeds in close proximity to the ground, as well as in a 

restricted environment. As a result, a small UAS in commercial operations is far safer than 

operations conducted with conventional helicopters or aircraft operating in similarly close 

proximity to structures and personnel.

In the matter of privacy, all flights will occur over private or controlled access property with the 

property owner’s prior consent and knowledge. Filming will be of people who have also 

consented to being filmed or otherwise have agreed to be in the area where filming will take 

place.

In closing, as a career commercial pilot, I will ensure that all regulatory requirements are met 

and/or exceeded in the best interests of professionalism and safety. Skyworks Innovation, LLC 

is committed to this philosophy, and will gladly provide feedback and additional data to further 

the development of this emerging industry.

If you have any questions or require any additional information, please contact the undersigned 

at 972-740-2950 or wingandaprayer727@yahoo.com.

Sincerely yours,

Benjamin Sewell (3302606 ATP)

Owner, Skyworks Innovation, LLC

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