August 19 , 2015 Exemption No. 11239 A Regulatory Docket No

. FAA

- 2014

- 0838

Mr. G. Brent Connor Counsel for Southern Company Services, Inc. Thompson Hine LLP 1919 M Street, NW, Suite 700 Washington, DC 20036

- 3537

Dear Mr. Connor:

This letter is to inform you that we have granted your petition for an amendment. It explains the basis for our decision, describes its effect, and lists any changes to the original conditions

and limitatio ns.

By letter dated June 4, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Southern Company Services, Inc. (hereinafter petitioner or operator) for an amendment to your current exemption. That exemption from §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) allows the petitioner to operate a UAS to perfo rm aerial data

collection 1 . You requested an amendment to add the DJI Inspire 1, DJI Phantom 2 Vision Plus, SenseFly eBee and SkyCatch unmanned aircraft systems (UAS), additionally you requested commercial operation for aerial inspection of utility infras tructure and to conduct flight training 2 and demonstration.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared , etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.

2 The petitioner requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS operations for training until a further assessment is completed. When the FAA completes its review, we will proceed accordingly and no further ac tion will be required by the petitioner. However, the petitioner is permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the other conditions and limitations in this exemption.The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the pet itioner. T he

unmanned aircraft authorized in the original grant are comparable in type, size, weight, speed and operating capabilities to those in this petition

.

Discussion of Public Comments:

The FAA received two comments in opposition to the petition

, two in support , and two from the petitioner . In granting this exemption, the FAA has determined that the proposed operations can safely be conducted under the conditions and limitations of this exemption. As with exemptions issued to Aeryon Lab, Astraeu s Aerial, Clayco, Inc., and VDOS Global, LLC, failure to comply with the document’s conditions and limitations is grounds for immediate suspension or rescission of the exemption.

Airworthiness Certification

In accordance with the statutory criteria provi ded in Section 333 of Public Law 112

− 95 in

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11239A remains valid and is in the public interest. Therefore, under the authority contained

in 49 U.S.C

. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is granted an amendment to add new aircraft to its UAS operations.

The operator shall add this amendment to its original exemption.

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11239A remain in effect except as follows. Condition No. 1 has been updated to reflect the additional aircraft

.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for t he immediate suspension or rescission of this exemption.1. Operations authorized by this grant of exemption are limited to the SkyRanger

, the

DJI Inspire 1, DJI Phantom 2 Vision Plus, SenseFly eBee and SkyCatch when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

T his exemption terminates on March 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service