www.pillsburylaw.com 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

March 17, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Amendment 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 Regula tions (Docket No. FAA-2014-1060)

Dear Sir or Madam:

On behalf of our client, Industrial Skyworks (USA), Inc. (“Skyworks”), we write to amend the operating conditions set forth in Skyworks’ petition for exemptions pursuant to Section 333 of the FAA Mode rnization 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, submitted on December 15, 2014 (“Exemption Request”). Since Skyworks’ Exemption Request, the FAA has granted Section 333 exemptions that permit small unmanned aircraft systems (“sUAS”) operatio ns within 500 feet of nonparticipating person on certain conditions that Skyworks would like to apply to its Exemption Request and believes such operations and c onditions would result in an equivalent level of safety. In addition, in light of the FAA’s recent sUAS Notice of Proposed Rulemaking (“NPRM”), 1 Skyworks believes that the ope rating conditions set forth in its Exemption Request constitute “reasonable mitigation” for nighttime operations that would ensure that Skyworks maintains an equivalent level of safety and requests that the FAA consider such mitigation to grant Skyworks’ Exemption Request and permit Skyworks’ nighttime flights. The info rmation below is intended to amend and supplement Skywork’s exemption request.

1 See FAA, Operation and Certification of Small Unmanned Aircraft Systems, Notice of Proposed

Rulemaking at 70 (Feb. 15, 2015). As noted in Skyworks’ Exemption Request, Skyworks’ reserves the right to amend its operations to avail itself of the permitted operations under FAA’s final rules for commercial sUAS operations, 14 C.F.R. Part 107. See Exemption Request, at 7.March 17, 2015 Page 2

www.pillsburylaw.com In the Exemption Request, Skyworks reque sted the necessary exemptions on the condition that Skyworks’ operations be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures ( See Appendix C, No. 20). As the FAA permitted in other Section 333 exemption grants, 2 Skyworks requests the FAA grant Skyworks’ Exemption Request wi th the amended condition that Skyworks may conduct flight operations less than 500 feet from nonparticipating persons if barriers or structures are present that sufficiently protect nonparticipating persons

from the sUAS and/or debris in the event of an accident. In addition, Skyworks shall ensure that nonparticipating persons remain under such pr otection and if a situation arises where nonparticipating persons ar e no longer under such protection and are within 500 feet of the sUAS, Skyworks shall cease the flig ht operations immediately. As recognized by the FAA, such ope rating conditions w ill ensure that nonparticipating persons are protected to an equivalent level of safety given the sUAS’s size, low weight, and re stricted operating footprint.

In the NPRM, the FAA acknowledged a will ingness to consider “any reasonable mitigation which would ensure that an equivalent level of safety is maintained while operating in low-light areas.” 3 While Skyworks acknowledges and shares the FAA’s concerns regarding low-light operations, 4 Skyworks believes that the operating conditions set forth in its Exemption Reque st constitute reasonable mitigation that would provide an equivalent level of safety achieved during daylight operations and the FAA should permit Skyworks’ nighttime flights. 5

Skyworks’ operations include strict controls to ensure that the sUAS will be seen at all times and the operator will be able to avoid other airspace users. The operating area will consist of a limited virtually-fen ced operating, take-off, landing, and transit areas within visual line-of-sight (“VLOS”) of the operator. This area will be illuminated. As discussed further below, Skyworks’ nighttime sUAS – the SkyRanger – must also be operated with light s at all times. These lights are visible up

2 See e.g., Asymmetric Technologies, Inc., Grant of Exem ption, Docket No. FAA-2014-0816, at 20 (Feb. 10, 2015).

3 See FAA, Operation and Certification of Small Unmanned Aircraft Systems, Notice of Proposed

Rulemaking at 70 (Feb. 15, 2015).

4 Id. at 70-71.

5 Skyworks currently operates at night in Canada and there have been no incidents causing risk to

other airspace users or persons on the ground.March 17, 2015 Page 3

www.pillsburylaw.com to distances of 5,000 feet, 6 well beyond the distance from which the operator will be controlling the sUAS. Therefore, the operator will be able to maintain sight of the lit sUAS in an illuminated, limited footpr int, controlled-access operating area.

Concurrently, Skyworks’ nighttime operations will also require a visual observer (“VO”) to monitor the sUAS airspace and surrounding airspace to assist the operator with avoiding other airspace users. The VO will not only be able to monitor other aircraft in the area by identifying their required lighting, but audibly monitor the airspace during a time with reduced ambien t noise. The VO will also be able to verbally communication with the operator, providing immediate warnings of other airspace users that requires avoi dance action by the sUAS operator.

The sUAS will also be operating below 400 feet above ground level (“AGL”), lower than the minimum altitude for other airspace us ers with a 100 foot buffer. The ability

of manned aircraft to “see-and-avoid” s UAS will rarely be required if the manned aircraft is appropriately flying above the required 500 feet AGL. Skyworks’ nighttime sUAS – the SkyRanger – is equippe d and will operate with lighting for the

identification of the sUAS’ lo cation. In addition, airspace users will have knowledge of Skyworks’ nighttime operations and lim ited operating footprint through Skyworks’

submitted NOTAM.

To avoid posing a risk to persons on the ground at nighttime, Skyworks will only operate the SkyRanger in a controlled and limited footprint with controlled access and barriers/protection for nonparticipating pe rsons. The operating area will be illuminated so that the operator and VO can see any persons on the ground. If there is an incursion, the flight must terminate immediately with the operator able to determine that the sUAS can land safely, ha ving the ability to scan the landing area with an infrared camera for any potential persons.

Skyworks believes that its nighttime operations under the conditions discussed above and with the lights on the SkyRanger sUAS will be at least as safe as those with

manned aircraft with an airworthiness certif icate. Given the unique multi-directional and slow-speed operation of th e sUAS, lights that can be seen up to almost one mile on all four rotor arms will provide ample visibi lity of the sUAS to other airspace users

in all directions without the need for position lights or antic ollision lights on the sUAS. With the use of an infra-red camera, an illuminated operating area, and sUAS

6 Skyworks’ Exemption Request noted 2,500 feet. As indicated in Skyworks’ Company Operations

Manual, the sUAS lighting is visible beyond 5,000 feet.March 17, 2015 Page 4

www.pillsburylaw.com lighting, the operator will also be able to ensure that any take-off and landing area is clear of any persons, achieving an equivale nt level of safety achieved by taxi or landing lights. In addition, Skyw orks will be obliged to gi ve the right-of-way to all other aircraft that will be fully awar e of Skyworks’ limited-footprint operations through Skyworks’ NOTAM.

Nighttime flights are a critical factor to Skyworks’ intended commercial operation— roofing and building façade inspections—and pr ovide a direct safety benefit. As an alternative to using sUAS, the roofing indus try must have persons traverse rooftops using infrared cameras at night, posing a significant fall risk. In addition, using manned aircraft during nightti me hours at low altitudes po ses an equally significant risk that is overcome by the safety bene fits of operating UAS limited in size and weight at night. If the F AA believes that the “see-and- avoid” and persons on the ground risks require further mitigating steps, Skyworks is looking forward to working with the FAA to establish a framework for safe nighttime operations.

We look forward to working with the F AA towards granting Skyworks’ requested Section 333 exemptions. Thank you for your consideration.

Sincerely,

Kenneth P. Quinn

CC: Michael Cohen, Industrial Skyworks Lance Lehman, Industrial Skyworks