The first Section 333 Exemption permitting UAS operations at
night has been granted. Industrial Skyworks and Aeryon went through
a rigorous 17-month process to get the authority to operate the
Skyranger after sunset. The resulting 24-page grant of
exemption has an analysis of the risks and what the FAA thinks is
necessary to mitigate them.
The FAA notes in the Grant of Exemption that the requirements
for night flying are different from day flying regardless of
whether the aircraft is manned or unmanned. In particular,
sport and recreational pilots do not receive training in
“principles of night vision and night vision illusions . . .
and how to adapt to them . . . .” In order to mitigate
this risk, Industrial Skyworks proposed a UAS training program as
part of its safety case to ensure that a pilot-in-command has
accumulated nighttime operating skills, knowledge, and experience
prior to conducting any commercial operations. Even with this
additional training, the