August 19, 2015

 Exemption No. 11239A

 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 limitations.

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 perform aerial data 

collection1. 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 infrastructure and to conduct 

flight training2and 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 action 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 petitioner. The 

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, Astraeus 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 provided 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, Certification 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 the 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.

This exemption terminates on March 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service