### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

Petition of ) ) 

### Amplify Energy, Inc. ) ) 

### for an exemption from §§61.23(a) and (c), ) 61.10l(e)(4) and (5), 61.113(a), 61.315(a) ) 91.7(a), 91.119(c), 91.121, 91.151(a)(l), ) 91.405(a), 91.407(a)(l), 91.409(a)(l) and ) (2), and 91.417(a) and (b) )

September 03, 2015 Regulatory DocketNo. FAA-2015-

Chris Denten General Counsel Amplify Energy, Inc. 60I California Street, Suite 1150 San Francisco, CA 94108 415-788-8816 legal@amplifyenergy.com --



## *** Confidential Treatmenthas been Requested for Portions ofthis Document 

## ***UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON. DC 20591

Petition of ) ) AmplifyEnergy, Inc. ) ) for an 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)(l), ) 91.405(a), 91.407(a)(l). 91.409(a)(l) and ) (2). and 91.417(a) and (b) )

September 03, 2015 Regulatory Docket No. FAA-2015-

__

Chris Denten General Counsel Amplify Energy, Inc. 60I California Street, Suite 1150 San Francisco, CA 94108 415-788-8816 legal@amplifyenergy.comPetition for Exemption

Pursuant to Section 333 ofthe FAA Modernization and Refonn Act of2012 (Section 333) 1 and 14 C.F.R. Part 11 (Part 11), Amplify Energy, Inc., an engineering services company that evaluates the quality and performance ofsolarpowerplants, respectfully requests an exemption from several provisions ofTitle 14 ofthe Code ofFederal Regulations (C.F.R.) to pennitthe use ofsmall unmanned aerial systems (sUAS) to assist in the inspection ofsolar panels operating and maintained in the United States.

The grant ofan exemption is consistent with Congress' intent, reflected in Section 333, that safe small unmanned aircraft systems be pennitted in the national airspace priorto the issuance offinal regulations governing general use ofthese systems.2
Regulatory Basis for Exemption Request

In addition to the waiver authorityprovided in Section 333, the FAA maygrant an exemption under49 U.S.C. §44701(f) ifit has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in Part 11, providingthat the petitioner shall explain why grantingthe exemption would not adversely affect safetyorhow the exemption would provide at least an equivalent level ofsafety as compliance with the underlying regulation.3 In this case, approval ofthis exemption would advance the public interest by enhancingthe safety and efficiency ofsolarpanel inspections and operations and by providing the FAA with valuable userexperience on sUAS. As described more fully below, the requested exemption would permit the operation ofsUAS undertightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety. Tothe contrary, as explained below, AmplifyEnergy anticipatesthat use ofsUAS will enhance safety in the inspection ofits customers' solarpanel and related solarproducts.
Granting an Exemption is in the Public Interest

The safety and efficiencyofsolar photovoltaic (PV) systems is heavily dependent upon regular inspection ofthe solarpanels, whether located on the roofs ofcommercial properties, or in large ground mounted arrays operated bypower companies across the United States. There are a wide variety offactors that can affect safety and perfonnance, including quality ofsystem design and installation, productworkmanship, weather orother site-specific events, and even nonnal wearand tear. In addition, the solarpanels need to be inspected and maintained throughout their usable life. Byusing sUAS surveillance, Amplify Energy will be able to substantiallyupgrade its capacityto detect and address conditions beforethey become a problem.

1P.L.I12-95, 126 Stat 11, February 14,2012.

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate ofwaiver upon a finding that atype ofUAS, as a result ofits size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within visual line ofsight do not create a hazard to users ofthe NAS orthe public or pose a threatto national security.

3 14 C.F.R. §11.81(e).

2Operations and maintenance employees routinely inspect solarpanels. At present, this work is done primarily by companypersonnel in motor vehicles oron foot. This is often a laborintensive and sometimes dangerousjob. Employees may currently be required to inspectpanels that are installed on the tops ofbuildings, where there is a significant risk offalling. While the company does all it can to make these inspections as safe as possible, there is an irreducible element ofrisk involved wheneveremployees are required to go out and inspectthe customer's solarpanels. While the use ofsUAS for inspection and surveillance would not eliminatethese risks entirely, it would reduce the risks to employees by allowing them to work from safer locations during sUAS aerial operations.

The operations anticipated by Amplify Energy are similarto thetypes ofoperations currently being conducted by otherenergy infrastructure companies and by insurance companies operating under exemptions already granted by the FAA under Section 333. Accordingly, Amplify Energybelieves there is precedent in the FAA allowingthese types ofoperations. Amplify Energytherefore requests that the FAA waive publication ofthis request in the Federal Register. Should the FAA determine publication is appropriate, a summary ofthis request suitable for publication in the Federal Register is provided as Appendix A. Granting an Exemption will not Adversely Affect Safety Amplify Energynotes that there is no applicable standard for an equivalency determination ofsUAS. As such, we believe it makes more sense to focus on whythe contemplated operations would not adversely affect safety, which is all that §11.81(e) requires. Amplify Energycontemplates conducting sUAS operations overthe customers' owned or controlled land, solely during daylight hours, and at altitudes well belowthat which would pose a riskto otheraircraft. The nature ofoperations anticipated by Amplify Energy requires that the sUAS be flown at relatively low altitudes and relatively low speeds. Flights will be operated at an altitude ofno more than 400 feet AGL. Accordingly, the risk ofinterference with another aircraft is minimal. Amplify Energy also plans to conduct sUAS operations at least five miles from any public airports (including heliports). In the event an operation needs to be conducted closerto an airport, Amplify Energywill inform the airport operatorand airport airtraffic control towerofthe contemplated operation and will comply with any directions issued by airtraffic control at that airport.

All operations will be within visual line-of-sight ofthe sUAS operator (PIC) and any visual observer. The aircraft will yield the right ofway to manned aircraft. The PIC will have at least a recreational or sportpilot certificate and the valid medical certificate ordriver's license required for the type ofpilotcertificate held. Each PIC will continueto meetthe flight review requirements specified in 14 C.F.R. §61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. Dependingon the type ofoperation, additional ground-based visual observers may be employed as well. These observers will be within constant visual line ofsight ofthe sUAS and in constantcontact with the PIC. The visual observers will assist the PIC in avoiding objects nearthe sUAS. Flightwill be aborted in the case ofunforeseen obstacles oremergencies.

3The sUAS Meets the Requirements under Section 333, Justifying a Waiver ofthe Requirement for an Airworthiness Certificate
Amplify Energy has designed and constructed its own sUAS (AEUAV-0I) that it will
use in the operations contemplated by this exemption request, a fuller description ofwhich is attached as Appendix B. The aircraft has a total width ofapproximately one meter, including rotors. The aircraft is equipped with three cameras (one ofwhich is used for first person view flight), a GPS and compass unit, and a 4 m2 parachute. The weight ofthe aircraft, including payload, is approximately 25 lbs. The aircraft will be operated at speeds less than I00 mph.

In addition, Amplify Energy may use a DJI S I000 sUAS in the anticipated operations. The FAA has already determined thatthis sUAS merits a waiverfrom the airworthiness requirements under the criteria listed in Section 333 and has already granted numerous exemptions to othercommercial operators usingthis make and model ofsUAS. This submission does not include the User Manual for the DJI S1000 as it has already been reviewed by the Administrator in granting previous exemptions. A copy ofthe User Manual for the DJI S1000 will be submitted on request.
Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, Amplify Energy provides the following information:

Contact Information

Chris Denten General Counsel Amplify Energy, Inc. 601 California Street, Suite 1150 San Francisco, CA 94108 415-788-8816 legal@amplifyenergy.com

Regulatory Provisions from which Amplify Energy seeks an Exemption
Amplify Energy believes it may need an exemption from the following provisionsto conductthe contemplated operations. In some instances, reliefis needed because relieffrom another provision renders compliance with the regulation at hand infeasible.

14 C.F.R. §61.23(a) and (c) 14 C.F.R. §61.101(e)(4) and (5) 14 C.F.R. §61.113(a) 14 C.F.R. §61.315(a) 14 C.F.R. §91.7(a) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121

414 C.F.R. §91.15I(a)(l) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a)(l) 14 C.F.R. §91.409(a)(l) and (2) 14 C.F.R. §91.417(a) and (b)
Amplify Energy believes an exemption is only needed from the above-listed regulatory provisions. To the extent that the FAA believes that additional reliefis required for Amplify Energy to conduct the operations described here, we request an exemption from any such regulatory provisions as well.

The Extent ofRequested Reliefand the Reasons Reliefis Needed

14 C.F.R.61.23(a) and(c),l4 C.F.R. 61.101(e){4) and(5), 14 C.F.R. 61.113{a), and14 C.F.R. 61.315(a)



### §61.23 Medical certificates: Requirementand duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) ofthis section, a person- (I)Must hold a first-class medical certificate: (i) When exercising the pilot-in-command privileges ofan airline transport pilot certificate; (ii) When exercisingthe second-in-command privileges ofan airline transport pilot certificate in a flag or supplemental operation in part 121 ofthischapterthat requires three ormore pilots; or (iii) When serving as a required pilot flight crew member in an operation conducted under part 121 ofthis chapter ifthe pilothas reached his orher 60th birthday. (2) Must hold at least a second class medical certificate when exercising: (i) Second-in-command privileges ofan airline transport pilot certificate in part 121 ofthis chapter (otherthan operations specified in paragraph (a)(l)(ii) ofthis section); or (ii) Privileges ofa commercial pilot certificate; or (3) Musthold at least a third-class medical certificate- (i) When exercisingthe privileges ofa private pilot certificate; (ii) When exercisingthe privileges ofa recreational pilot certificate; (iii) When exercisingthe privileges ofa studentpilot certificate; (iv) When exercisingthe privileges ofa flight instructor certificate and acting as the pilot in command; (v) When exercisingthe privileges ofa flight instructor certificate and serving as a required pilot flight crewmember; (vi) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, orairline transport pilot certificate, or for a flight instructor certificate; or

5(vii) When performingthe duties as an Examiner in an aircraft when administering a practical test orproficiency check for an airman certificate, rating,
or authorization. 

### *** (c) Operations requiring either a medical certificate orU.S. driver's license. (1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S. driver's license when- (i) Exercising the privileges ofa student pilot certificate while seeking sport pilot privileges in a light-sport aircraft otherthan a glider or balloon; (ii) Exercising the privileges ofa sport pilot certificate in a light-sport aircraft otherthan a gliderorballoon; (iii) Exercising the privileges ofa flight instructor certificate with a sport pilot rating while acting as pilot in command or serving as a required flight crewmemberofa light-sport aircraft otherthan a glider orballoon; or (iv) Serving as an Examiner and administering a practical test for the issuance ofa sport pilot certificate in a light-sport aircraft otherthan a gliderorballoon. (2) A person using a U.S. driver's license to meetthe requirements ofthis paragraph must- (i) Comply with each restriction and limitation imposed bythat person's U.S. driver's license and anyjudicial oradministrative order applying to the operation ofa motorvehicle; (ii) Have been found eligible for the issuance ofat least a third-class airman medical certificate at the time ofhis or her most recent application (ifthe person has applied for a medical certificate); (iii) Not have had his or her most recently issued medical certificate (ifthe person has held a medical certificate) suspended orrevoked or most recent Authorization for a Special Issuance ofa Medical Certificate withdrawn; and (iv) Not know orhave reason to know ofany medical condition that would make that person unable to operate a light-sport aircraft in a safe manner. 

### *****

§61.101 Recreational pilot privileges and limitations. 

### *** (e) Except as provided in paragraphs (d) and (i) ofthis section, a recreational pilot may not act as pilot in command ofan aircraft- 

### *** (4) Forcompensation orhire; (5) In furtherance ofa business; 

### *****

§61.113 Private pilot privileges and limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (h) ofthis section, no person who holds a private pilot certificate may act as pilot in command ofan aircraft that is carrying passengers orproperty for compensation orhire; nor maythat person, for compensation orhire, act as pilot in command ofan aircraft. 

### *****

6§61.315 What are the privileges and limits ofmy sport pilot certificate?
(a) Ifyou hold a sport pilot certificate you may act as pilot in command ofa lightsport aircraft, except as specified in paragraph (c) ofthis section. 

### *****

The FAA has previously determined that individuals holding a recreational or sport pilot certificate possess the requisite knowledge ofthe national airspace system to safely operate a sUAS. This is particularly true since many ofthe skills required for a private or commercial pilot's certificate do not apply to the operation ofa sUAS. The FAA has also recognized that, absent an exemption, all pilots otherthan commercial pilots could not receive compensation for theirwork as PIC. Accordingly, the FAA has granted well over one hundred exemptions that permit an individual possessing at least a recreational or sport pilot certificateto act as PIC and be compensated. Granting Amplify Energy's request would be consistent with FAA precedent in this regard.

14 C.F.R. 91. 7(a)

§91.7 Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

### *****

Amplify Energy has requested that the FAA determine that the sUAS that is the subject ofthis exemption request need not have an airworthiness certificate, as evaluated under the criteria set forth in Section 333. The sUAS will not have a type design ortype certificate, as the FAA has not developed standards applicable to sUAS. The types ofoperations contemplated by Amplify Energy also will not qualifythe sUAS for an experimental airworthiness certificate. Accordingly, relieffrom §91.7(a) is required.

14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General. Except when necessary for takeoffor landing, no person mayoperate an aircraft belowthe following altitudes: 

### *** (c) Overotherthan congested areas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to anyperson, vessel, vehicle, or structure. 

### *****

Amplify Energy submits that the only reliefit requires from §91.119 is from the minimum altitudes listed in paragraph (c). Reliefis required as inspection ofsolarpanels conducted at 500 feet orhigher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk ofcollision with another aircraft, safety can only be



### 7assured through the grant ofan exemption. As noted in the explanation ofwhy an exemption will not adversely affect safety, Amplify Energy's customers own orotherwise control the land
over which the sUAS will be operated, and public access may be restricted. Amplify Energywill
assure that no individuals unassociated with the planned surveillance are on the affected land unless they are behind or underneath a barrier or other structure sufficientto protect them from the aircraft or aircraft debris.

14 C.F.R. 91.121



### §91.121 Altimeter settings. (a) Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeterthat is set, when operating- (]) Below 18,000 feet MSL, to- (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis section, the current reported altimeter setting ofan appropriate available station;
or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure; or (2) At orabove 18,000 feet MSL, to 29.92'' Hg. (b) The lowest usable flight level is determined by the atmospheric pressure in the
area ofoperation as shown in the following table:

Current altimeter setting Lowest usable flight level 29.92 (or higher) 180 29.91 through 29.42 185 29.41 through 28.92 190 28.91 through 28.42 195 28.41 through 27.92 200 27.91 through 27.42 205 27.41 through 26.92 210

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent ofthe minimum altitude in feet and add the appropriate numberoffeet specified below, accordingto the current reported altimeter setting:

Current altimeter setting Adjustment factor 29.92 (orhigher) None 29.91 through 29.42 500 29.41 through 28.92 1,000 28.91 through 28.42 1,500 28.41 through 27.92 2,000 27.91 through 27.42 2,500

8127.41 through 26.92 3,000

The FAA requires any altitude reported to Air Traffic Control to be in feet AGL. As noted in the aircraft description, the AEUAV-01 aircraft is equipped with a GPS. as is the DJI S1000. The altitude indicator for the GPS may be set at zero feet AGL ratherthan local barometric pressure or field altitude before Amplify Energy commences the flight. Because operations will take place at only low altitudes, Amplify Energy seeks relieffrom §91.121 to the extent necessaryto comply with any conditions and limitations on altitude imposed as a part of any grant ofthis exemption request.

14 C.F.R. 91.151(a){1)

§91.151 Fuel requirements for flight in VFRconditions. (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes. 

### *****

Operating the sUAS in a pre-defined area with less than 30 minutes ofreserve fuel does not raise the type ofrisk contemplated by §91.151, i.e., that an aircraft could run out offuel in the event it has to be flown to an alternate airport orcircle the planned airport in the event of unanticipated conditions. Amplify Energy does not intend to use the sUAS for point-to-point flights and will not operate the sUAS beyond visual line ofsight. Nor will the sUAS require an airport in orderto land. Rather, Amplify Energy will operate the sUAS using pre-planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing. As such, it should be sufficient to require only as much additional excess flight capacity as necessaryto safely land the sUAS. We believe that a 25% residual battery life is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a)(l) and(2), and14 C.F.R. 91.417(a) and (b)

§91.405 Maintenance required. Each owneroroperatorofan aircraft (a) Shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter; 

### *****

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone maintenance, rebuilding, oralteration unless9(1) Ithas been approved for return to service by a person authorized under §43.7 ofthis chapter; 

### *****

§91.409 Inspections. (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

_ (I) An annual inspection in accordance with part 43 ofthis chapterand has been approved for return to service by a person authorized by §43.7 ofthis chapter: or (2) An inspection torthe issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 

### *****

§91.417 Maintenance records. (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner oroperator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 1 00-hour. annual, progressive. and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include- (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approvingthe aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required bythe inspection program under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by §43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owneroroperator shall retain the following records for the periods prescribed:

10(I)The records specified in paragraph (a)(l) ofthis section shall be retained until the work is repeated or superseded by otherwork orfor 1year afterthe work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owneroroperatorunder §43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. 

## *****

Amplify Energybelieves that an exemption from these four maintenance requirements is appropriate because the FAA has not developed maintenance standards that would allow an operatorto meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) orto conduct the initial airworthiness and annual return to service inspections required by §91.409(a). Amplify Energy will maintain the aircraft as instructed in the operator's manual and will not operate the aircraft 

### until it has reasonably determined that any needed repairs have been made. However, because ofthe technical impossibility ofmeeting the requirements of§§91.405(a), 407(a) and 409(a). Amplify Energy believes an exemption is merited. Since none ofthese underlying requirements (e.g., inspection intervals) can be met and will require an exemption, Amplify Energybelieves an exemption from §91.417, which references these sections, is also appropriate. A copy ofthe User Manual for the AEUAV-01 is attached as Appendix C. Amplify Energy understands the FAA has already reviewed the User Manual for the DJI S1000 and has not provided 

### it here. Amplify Energy will provide the manual ifrequested by the FAA.

Please do not hesitate to contact me at the phone number orviathe e-mail address provided above should you have any questions orconcerns.

Attachments Respectfully submitted.

Chris Denten General Counsel

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### Appendix A- Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 1L the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: Amplify Energy, Inc.

Sections of 14 C.F.R. Affected: 14 C.F.R. §61.23(a) and (c) 14 C.F.R. §61.101(e)(4) and (5) 14 C.F.R. §61.1 13(a) 14 C.F.R. §61.315(a) 14 C.F.R. §91.7(a) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151(a)(l) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a)(l) 14 C.F.R. §91.409(a)(l) and (2) 14 C.F.R. §91.417(a) and (b)

Description ofReliefSought: Petitioner seeks relieffrom the requirements of 14 C.F.R. §§61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b) to conduct sUAS operations, solely during daylight hours, to assist in the safe inspection and operation ofsolar panels. The
nature ofoperations anticipated by Amplify Energy requires that the sUAS be flown at relatively low altitudes. Flights will be operated at an altitude ofno more than 400 feet AGL. Accordingly, the risk ofinterference with other aircraft is minimal.

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### Appendix B- Description ofAmplify Energy PVInspection Aircraft

Confidential TreatmentRequested

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### Appendix C- UserManualfor Amplify EnergyPVInspection Drone (UAV) Model AEUAV-01

Confidential TreatmentRequested

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