**VIA FDMS**

Ms. Cheryl Collins Program Manager, Docket Operations Docket Management Facility U.S. Department of Transportation 1200 New Jersey Avenue, SE West Building Ground Floor, Room W12-140
Attn: FAA Dockets Washington, DC 20590

June 10, 2015

Re: Amazon – Petition to Amend Exemption No. 11290 , Docket No. FAA-2014-0474

Dear Ms. Collins:

The FAA recently granted Amazon Exemption No. 11290 1 under Section 333 of the FAA
Modernization and Reform Act of 2012 to conduct aer ial data collection operations, as well as two experimental certificates that permit research and development flights.

While the operations that we are conducting under e ach of these authorizations are the same in all material respects, the experimental cer tificates (through Exemption No. 11210) 2
permit a greater degree of flexibility than Exempti on No. 11290 regarding operations near nonparticipating persons and property. And the more r estrictive conditions of Exemption No. 11290 apply even when operations are conducted enti rely over private Amazon property and the same procedures and safeguards are in place. A ccordingly, Amazon seeks a technical amendment to Exemption No. 11290 to incorporate the provision from Exemption No. 11210 allowing operations to be conducted a minimum dista nce of 200 feet from non-participating persons that applies to our parallel testing operat ions. Due to the nature of our request, we also ask that this petition be granted on an expedi ted basis.

Additionally, Amazon has requested that Exemption N o. 11290 be amended to cover additional Prime air test vehicles. As advised by the FAA, Amazon has submitted a separate filing containing specific proprietary / trade secr et vehicle information on a confidential basis.

1 See In the Matter of the Petition of Amazon.com , Grant of Exemption No. 11290 (Apr. 8, 2015), Dock et
No. FAA-2014-0474.

2 See In the Matter of the Petition of Amazon Logisti cs, Inc., Grant of Exemption No. 11210 (Mar. 13, 2015), Docket No. FAA-2015-0318, at 3.FAA Dockets

June 10, 2015 Page 2

We respectfully ask that the FAA process these two amendment requests independently so as to facilitate our testing operations without delay.

**Information Supporting this Petition as Specified i n 14 C.F.R. § 11.81** 

(a) Mailing address and other contact information s uch as a fax number, telephone number, or e-mail address

Amazon.com Legal Department Re: Prime Air Section 333 Amended Exemption Petitio n 440 Terry Ave. North Seattle, WA 98109

Fax: 206-266-7010 Email: prime-air-exemption@amazon.com

(b) The specific section or sections of 14 C.F.R. f rom which Amazon seeks an exemption

Amazon is seeking an amendment to Exemption No. 112 90 to provide for additional relief from 14 C.F.R. § 91.119(c), as further detai led below.

(c) The extent of relief Amazon seeks, and the reas on Amazon seeks the relief

Consistent with the relief from 14 C.F.R. § 91.119( c) that the FAA granted to Amazon pursuant to Exemption No. 11210 that applies to par allel testing operations conducted under our experimental certificates, 3 and the similar flexibility that the FAA has alrea dy given to several other operators through Section 333 exempti ons, 4 Amazon requires an amendment to Exemption No. 11290 to operate a minimum distance o f 200 feet from any non-participating persons so long as certain conditions are met. Spe cifically, Amazon requests that the following language from Exemption No. 11210 be added to the e nd of Paragraph 26.A of the operating limitations section in Exemption No. 11290:

3 See Exemption No. 11210 at 3.

4 See, e.g.

, In the Matter of the Petition of Team 5, LLC , Grant of Exemption No. 11158 (Jan. 29, 2015), Docket No. FAA-2014-0783, at 16-17; In the Matter of the Petition of Picture Factory, I nc. , Grant of Exemption No. 11178 (Feb. 18, 2015), Docket No. FAA-2014-0794, at 23; In the Matter of the Petition of Shotover Camera Sy stems,
L.P. , Grant of Exemption No. 11159 (Jan. 30, 2015), Doc ket No. FAA-2014-0784, at 12.FAA Dockets

June 10, 2015 Page 3

This provision may be reduced to no less than 200 f eet if it would not adversely affect safety provided: i. The procedures developed by Amazon to use colore d vests to identify individuals who are designated as part of the fligh t operations crew are followed,
and ii. In the event visitors or other non-participatin g persons are present, Amazon will establish a no-fly area for non-partici pating persons or visitors to remain at least 200 feet away from the primary flig ht area in order to meet the requirements of 14 CFR § 91.119(a). 5

(d) The reasons why granting Amazon’s request would be in the public interest; that is, how it would benefit the public as a whole

The requested amendment to Exemption No. 11290 woul d simply align operating limitations applicable to our testing of Prime Air vehicles over private property. This technical change would not affect the FAA’s finding that the operations enabled by this exemption are in the public interest. 6 Indeed, the FAA already concluded that providing such relief for Amazon’s parallel testing operations is in the public intere st when it granted Exemption No. 11210. 7

(e) The reasons why granting the exemption would no t adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which Amazon seeks the exemption

Similarly, the requested amendment to Exemption No. 11290 will not adversely affect safety. It will only serve to reduce the minimum d istance for Prime Air vehicles operating under this exemption from no less than 500 feet to no les s than 200 feet from non-participating persons, which the agency already determined does n ot adversely affect safety when it granted Exemption No. 11210 for Amazon’s parallel testing o perations. 8 That finding of an equivalent level of safety was supported by the FAA’s “evaluat ion of terrain features, obstructions, buildings, etc.” insofar as “[s]uch barriers may pr otect nonparticipating persons (observers, the public, news media, etc.) from debris in the event of an accident,” and it applies equally here. 9

5 Exemption No. 11210 at 3. Amazon will submit an u pdated Section 333 Operations Guide reflecting these changes on a confidential basis.

6 See Exemption No. 11290 at 4.

7 See Exemption No. 11210 at 2.

8 See id . at 1-2 ( citing Exemption Nos. 11062, 11177 and 11185); see also note 4 supra

.
9 In the Matter of the Petition of Astraeus Aerial , Grant of Exemption No. 11062 (Sep. 25, 2014), Doc ket No. FAA-2014-0352, at 21 (describing the basis for relief that the FAA adopted in granting Exemption N o. 11210).FAA Dockets

June 10, 2015 Page 4

(f) A summary FAA can publish in the FEDERAL REGIST ER, stating: (1) The rule from which Amazon seeks the exemption; and (2) A brief descrip tion of the nature of the exemption
Amazon seeks

Amazon maintains that this petition to amend Exempt ion No. 11290 does not require FAA to seek public comment because there is good ca use for the agency not to delay action pursuant to the criteria set forth in 14 C.F.R. § 1 1.87. 10 Granting Amazon’s petition will not set a precedent. The FAA has now granted numerous other petitions for substantively identical relief to commercial operators that make their serv ices available to the general public. 11
Delaying action on Amazon’s petition would also ham per our outdoor testing efforts by preserving an unnecessary operating limitation for a subset of substantively identical operations that are all conducted entirely over pri vate property and otherwise subject to the same procedures and safeguards.

(g) Any additional information, views or arguments available to support Amazon’s request

Please see the introduction to this petition.

(h) If Amazon wants to exercise the privileges of i ts exemption outside of the United States, the reason why it needs to do so.

The operations described in this petition will be c onducted wholly within the United

States.

* * *

Amazon urges FAA to swiftly approve this petition t o amend Exemption No. 11290 so that we can continue our research and development e fforts for Prime Air under the same operating limitations that FAA has already approved for our parallel testing operations.

10 See, e.g., Exemption No. 11210; In the Matter of the Petition of Trimble Navigation Limited , Grant of Exemption No. 11110A (May 7, 2015), Docket No. FAA- 2014-0367; In the Matter of the Petition of San Diego Gas & Electric Company , Grant of Exemption No. 11238A (May 7, 2015), Dock et No. FAA-2014-0719.

11 See supra note 4.FAA Dockets

June 10, 2015 Page 5

Please do not hesitate to contact me via email at p rime-air-exemption@amazon.com if you have any questions or concerns.

Respectfully submitted,

Paul Misener
Vice President