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. 112901

 under Section 333 of the FAA 

Modernization and Reform Act of 2012 to conduct aerial data collection operations, as well as 

two experimental certificates that permit research and development flights. 

While the operations that we are conducting under each of these authorizations are the 

same in all material respects, the experimental certificates (through Exemption No. 11210)2

permit a greater degree of flexibility than Exemption No. 11290 regarding operations near nonparticipating persons and property. And the more restrictive conditions of Exemption No. 

11290 apply even when operations are conducted entirely over private Amazon property and 

the same procedures and safeguards are in place. Accordingly, Amazon seeks a technical 

amendment to Exemption No. 11290 to incorporate the provision from Exemption No. 11210 

allowing operations to be conducted a minimum distance of 200 feet from non-participating 

persons that applies to our parallel testing operations. Due to the nature of our request, we 

also ask that this petition be granted on an expedited basis. 

Additionally, Amazon has requested that Exemption No. 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 secret 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), Docket 

No. FAA-2014-0474.

2

See In the Matter of the Petition of Amazon Logistics, 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 in 14 C.F.R. § 11.81 

(a) Mailing address and other contact information such as a fax number, telephone 

number, or e-mail address 

Amazon.com 

Legal Department 

Re: Prime Air Section 333 Amended Exemption Petition 

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. from which Amazon seeks an exemption 

Amazon is seeking an amendment to Exemption No. 11290 to provide for additional 

relief from 14 C.F.R. § 91.119(c), as further detailed below. 

(c) The extent of relief Amazon seeks, and the reason 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 parallel testing operations conducted under 

our experimental certificates,3

 and the similar flexibility that the FAA has already given to 

several other operators through Section 333 exemptions,4

 Amazon requires an amendment to 

Exemption No. 11290 to operate a minimum distance of 200 feet from any non-participating 

persons so long as certain conditions are met. Specifically, Amazon requests that the following 

language from Exemption No. 11210 be added to the end 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, Inc., Grant of Exemption No. 

11178 (Feb. 18, 2015), Docket No. FAA-2014-0794, at 23; In the Matter of the Petition of Shotover Camera Systems, 

L.P., Grant of Exemption No. 11159 (Jan. 30, 2015), Docket No. FAA-2014-0784, at 12.
FAA Dockets 

June 10, 2015 

Page 3 

This provision may be reduced to no less than 200 feet if it would not 

adversely affect safety provided: 

i. The procedures developed by Amazon to use colored vests to identify 

individuals who are designated as part of the flight operations crew are followed, 

and

ii. In the event visitors or other non-participating persons are present, 

Amazon will establish a no-fly area for non-participating persons or visitors to 

remain at least 200 feet away from the primary flight 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 would 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 interest when it granted Exemption No. 11210.7

(e) The reasons why granting the exemption would not 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 distance for Prime Air vehicles operating under 

this exemption from no less than 500 feet to no less than 200 feet from non-participating 

persons, which the agency already determined does not adversely affect safety when it granted 

Exemption No. 11210 for Amazon’s parallel testing operations.8

 That finding of an equivalent 

level of safety was supported by the FAA’s “evaluation of terrain features, obstructions, 

buildings, etc.” insofar as “[s]uch barriers may protect 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 updated 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), Docket 

No. FAA-2014-0352, at 21 (describing the basis for relief that the FAA adopted in granting Exemption No. 11210). 
FAA Dockets 

June 10, 2015 

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(f) A summary FAA can publish in the FEDERAL REGISTER, stating: (1) The rule from which 

Amazon seeks the exemption; and (2) A brief description of the nature of the exemption 

Amazon seeks 

Amazon maintains that this petition to amend Exemption No. 11290 does not require 

FAA to seek public comment because there is good cause for the agency not to delay action 

pursuant to the criteria set forth in 14 C.F.R. § 11.87.10 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 services available to the general public.11 

Delaying action on Amazon’s petition would also hamper our outdoor testing efforts by 

preserving an unnecessary operating limitation for a subset of substantively identical 

operations that are all conducted entirely over private 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 its exemption outside of the United States, 

the reason why it needs to do so.

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

States. 

* * * 

Amazon urges FAA to swiftly approve this petition to amend Exemption No. 11290 so 

that we can continue our research and development efforts 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), Docket 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 prime-air-exemption@amazon.com if 

you have any questions or concerns. 

 Respectfully submitted, 

 

 Paul Misener 

 Vice President