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 Regulations (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 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, 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”) operations within 500 feet of nonparticipating 

person on certain conditions that Skyworks would like to apply to its Exemption 

Request and believes such operations and conditions 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 operating 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 information 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 requested 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 with 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 protection and if a situation 

arises where nonparticipating persons are no longer under such protection and are 

within 500 feet of the sUAS, Skyworks shall cease the flight operations immediately. 

As recognized by the FAA, such operating conditions will ensure that 

nonparticipating persons are protected to an equivalent level of safety given the 

sUAS’s size, low weight, and restricted operating footprint. 

In the NPRM, the FAA acknowledged a willingness 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 Request 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-fenced 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 lights at all times. These lights are visible up 

 

2

 See e.g., Asymmetric Technologies, Inc., Grant of Exemption, 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 footprint, 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 ambient noise. The VO will also be able to 

verbally communication with the operator, providing immediate warnings of other 

airspace users that requires avoidance 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 users with a 100 foot buffer. The ability 

of manned aircraft to “see-and-avoid” sUAS will rarely be required if the manned 

aircraft is appropriately flying above the required 500 feet AGL. Skyworks’ 

nighttime sUAS – the SkyRanger – is equipped and will operate with lighting for the 

identification of the sUAS’ location. In addition, airspace users will have knowledge 

of Skyworks’ nighttime operations and limited 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 persons. 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, having 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 certificate. Given the unique multi-directional 

and slow-speed operation of the sUAS, lights that can be seen up to almost one mile 

on all four rotor arms will provide ample visibility of the sUAS to other airspace users 

in all directions without the need for position lights or anticollision 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 equivalent level of safety achieved by taxi or 

landing lights. In addition, Skyworks will be obliged to give the right-of-way to all 

other aircraft that will be fully aware 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 provide a direct safety benefit. As an 

alternative to using sUAS, the roofing industry must have persons traverse rooftops 

using infrared cameras at night, posing a significant fall risk. In addition, using 

manned aircraft during nighttime hours at low altitudes poses an equally significant 

risk that is overcome by the safety benefits of operating UAS limited in size and 

weight at night. If the FAA 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 FAA 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