April 8, 2015

Exemption No. 11290

Regulatory Docket No. FAA

− 2014

− 0474

Mr. Paul Misener

Vice President, Global Public Policy

Amazon.com

440 Terry Avenue North

Seattle, WA 98109

Dear Mr. Misener:

This letter is to inform you that we have gran ted your request for exemption. It transmits our

decision, explains its basis, and gives you th e conditions and limitations of the exemption,

including the date it ends.

The Basis for Our Decision

By letter dated July 9, 2014, 1 you petitioned the Federal Av iation Administration (FAA) on

behalf of Amazon.com (hereinaft er petitioner or ope rator) for an exemption. The exemption

would allow the petitioner to operate an unma nned aircraft system (UAS) to conduct outdoor

research and development testing for Prime Air.

See Appendix A for the petition submitted to the FAA describing the proposed operations and

the regulations that the petitioner seeks an exemption.

Discussion of Public Comments:

A summary of the petition was published in the Federal Register on August 15, 2014

(79 FR 48294). Nine comments were received. Four commenters, the Small UAV Coalition

(Coalition), Association for Unmanned Ve hicle System International (AUVSI), the

1 By letter dated December 7, 2014, and posted to th e public docket on December 8, 2014, the petitioner

responded to the FAA’s request for information.2

Unmanned Safety Institute (USI), and an indi vidual supported the petition. Five commenters,

the Air Line Pilots Associat ion, International (ALPA) the National Agricultural Aviation

Association (NAAA), and thr ee individuals opposed it.

In support of the petition, the Coalition stated the petitioner has proposed to abide by stronger

safety measures than hobby and modeler groups operating similar aircraft. The Coalition

stated that it does not believe that heightened safety measures should be required for the

petitioner simply because of the commercial natu re of its operations. The Coalition urged the

FAA to adopt an evaluation framework for UAS operations u nder Section 333 of

Public Law 112–95 that weighs th e relative safety issues and risks of UAS by class and

operational circumstances, rather than adopting artificial dist inctions among unmanned aerial

vehicles based on commercial and noncomme rcial operations. The petitioner’s UAS pose

considerably less safety risk than larger UA S used for defense and other aerospace purposes.

The Coalition asserted that because UAS operatio ns like the petitioner’s pose minimal risk to

safety, they should be subject to minimal and appropriate regulations.

The Coalition noted the FAA is to consider the seven factors 2 in Section 333 as a minimum.

The Coalition stated the petiti on shows the FAA should consider factors other than those

specified in Section 333, such as: location, the airspace and altitude of its small UAV

operations, limited operational site access, two-way communications capability, and pilot

training and experience. The Co alition maintained that the petitioner’s proposed operations

satisfy the seven factors in Section 333 and in clude several additional mitigating factors to

ensure the safety and security of the proposed UAS operations. The Co alition emphasized the

FAA must evaluate each fact or within the context of th e petitioner’s proposed UAS

operations.

The Coalition also commented that the FAA s hould waive or exempt the requirement to hold

an airman certificate. The Coalition further stated that applying manned aircraft pilot

certification requirements to small unmanned aircra ft is not necessary as a matter of safety,

and does not make sense as a matter of public policy.

The FAA notes that, as discussed in the gran t of exemption to Trimble Navigation Ltd.

(Exemption No. 11110), neither Secti on 333, nor the FAA’s exemption authority 3

allows the FAA to exempt pilots from th e statutory requirement to hold an airman

certificate as prescribed in 49 U.S.C. § 44711.

AUVSI asserted that Amazon’s petition adequately addressed the safety requirements of a

number of FAA regulations. AUVSI and an in dividual commenter noted that there is a

2 Section 333(b) of P.L. 112–95 states, in part: “In making the determination under subsection (a), the Secretary

shall determine, at a minimum-- (1) which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line

of sight do not create a hazar d to users of the national airspace system or the public or pose a threat to

national security; . . . .”

3 49 U.S.C. § 44701(f)3

compelling need for the FAA to allow Amazon to test their systems to ensure the next

evolution in package delivery happens in the United States first. They also cited the

economic benefits of small UAS.

USI supported the petitioner’s proposed operatin g conditions and parameters, including the

use of highly qualified crews, line of sight ope rations, and restricted operating areas. USI

suggested the petitioner adopt a Safety Management System and ensure all crews are trained

in risk identification and Cr ew Resource Management. USI encouraged the FAA to work

with the petitioner to mitigate risks associated wi th the expansion of the project to a full scale

network of delivery UAS.

ALPA expressed concern that the request is fo r an outdoor private test range, proximate to

densely populated areas with substa ntial air traffic. ALPA stated that specific details of each

operation must be coordinated with the FAA, wh ich would result in a considerable increase in

the FAA’s oversight tasks. The FAA notes ALPA’s concern and in order to minimize

potential impact to the NAS, the FAA requires that each ex emption holder operate under a

Certificate of Waiver or Authorization (C OA) which addresses airspace considerations,

including requiring issuan ce of a NOTAM prior to operations. The FAA recognizes that UAS

integration will generate new NAS access demand and will review and adjust accordingly.

NAAA commented on pilot qualification stating th at UAS operators should be required to

hold commercial pilot certificate to ensure th ey are aware of their responsibilities as

commercial operators in the NAS. They also stated that medical requirements ensure

operators have the necessary vi sual and mental acuity to op erate a commercial aircraft.

The FAA has reviewed the knowledge and training requirements of sport, recreational, private

and commercial certificates and concluded th at a UAS PIC holding a minimum of a sport

pilot certificate, and operating unde r this exemption, would not a dversely affect operations in

the NAS or present a hazard to persons or pr operty on the ground. Additionally, as discussed

in Exemption No. 11213 (Aeryon Labs, Inc.) the FAA has determined that operating a UAS

with a U.S. issued driver’s license rather than an FAA-issued medical certificate will not

adversely affect safety.

NAAA noted that its members operate in low-le vel airspace, and ther efore clear low-level

airspace is vital to the safety of these operators . NAAA stated that seei ng and avoiding other

aircraft and hazardous obstructions is the backbone for agricultural safety, and that

agricultural pilots depend on pilots of other ai rcraft to perform their see-and-avoid functions

to prevent collisions. NAAA believes UAS opera tions at low altitude s will increase the

potential for collision with agricultural aircraft.

The FAA recognizes these concerns and has incorporated associated conditions and

limitations into this exemption, including: (a) a Notice to Airmen (NOTAM) issued for all

operations; (b) operations conducted within VLOS of the pilot in command (PIC) and the VO;

and (c) the UAS PIC must always yiel d right-of-way to manned aircraft.4

NAAA stated that FAA airworthiness certifica tion should be a requirement for all unmanned

aircraft to operate within the NAS. NAAA recommended UAS be equipped with ADS–B or

similar identification and positioning systems, strobe lights, and be painted in high-visibility

colors. NAAA also recommended UAS be operated st rictly within the li ne-of-sight of the

ground controller, with the assistance of a VO.

As discussed below, Section 333 of the FAA Modernization and Reform Act of 2012

authorizes the Secretary of Tran sportation to determine, consider ing a number of factors laid

out in the statute, that an airworthiness certific ate is not necessary for certain operations. The

Secretary has made that determination in this case and therefore the aircraft operated by the

petitioner will not need to be certificated by the FAA.

Individual commenters noted that the FAA should not permit commercial small UAS

operations until noise levels are significantly reduced and a Preliminary System Safety

Assessment in accordance with SAE ARP4761 is completed.

Airworthiness Certification

The UAS proposed by the petitioner is an Amazon-manufactured multi-rotor small UAS that

has been described to the F AA in a confidential filing.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products

and parts, Subpart H—Airworthiness Certificates . 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, a nd limited operating area associated with the

aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft

meets the conditions of Section 333. Therefore, th e FAA finds that the re quested 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.

The Basis for Our Decision

You have requested to use a UAS for aerial da ta collection. The FAA has issued grants of

exemption in circumstances similar in all materi al respects to those pr esented in your petition.

In Grants of Exemption No s. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352),

11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see

Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned

aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or

crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in

addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled

by this exemption is in the public interest.5

Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested in Grant of

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant of exemption is in the public interest.

Therefore, pursuant to the authority contained in 49 U.S. C. 106(f), 40113, and 44701,

delegated to me by the Administrator, Am azon.com is granted an exemption from

14 CFR §§ 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) an d (2), and 91.417(a) and (b), to

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Amazon.com is hereafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant ofexemption are limited to the an Amazonmanufactured multi-rotor small UAS that has been described to the FAA in a

confidential filing when we ighing less than 55 pounds including payload. Proposed

operations of any other aircraft will require a new petition or a petition to amend this

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restricti on. In no case will the UA be operated at

airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.6

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within

the visual line of sight (VLOS) of the PI C and VO at all times. The VO may be used

to satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The VO and PIC must be able to communicate verbal ly at all times;

electronic messaging or texting is not perm itted during flight operations. The PIC must

be designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must en sure that the VO can perform the duties

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant of

exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the

Administrator upon request. If a discrepa ncy exists between the conditions and

limitations in this exemption and the pro cedures outlined in the operating documents,

the conditions and limitations herein ta ke precedence and must be followed.

Otherwise, the operator must follow the pr ocedures as outlined in its operating

documents. The operator may update or revi se its operating documents. It is the

operator’s responsibility to track such revisions and pr esent updated and revised

documents to the Administrator or any la w enforcement official upon request. The

operator must also present updated and revise d documents if it petitions for extension

or amendment to this grant of exemption. If the operator determines that any update or

revision would affect the basis upon which the FAA granted this exemption, then the

operator must petition for an amendment to its grant of exemption. The FAA’s UAS

Integration Office (AFS

− 80) may be contacted if questi ons arise regarding updates or

revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation

or flight characteristics, e .g. replacement of a flight cr itical component, must undergo

a functional test flight prio r to conducting further opera tions under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functi onal test flight must be conducted in such

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining a nd inspecting the UAS to ensure that it is

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the

UAS is in a condition for safe flight. Th e pre-flight inspection must account for all7

potential discrepancies, e .g. inoperable components, items, or equipment. If the

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manu facturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer

safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport,

commercial, private, recreational, or sport pi lot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal

government. The PIC must also meet the flight review requirements specified in

14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the

ability to safely operate the UAS in a ma nner consistent with how the UAS will be

operated under this exemption, including evasive and emergency maneuvers and

maintaining appropriate distan ces from persons, vessels, vehi cles and structures. PIC

qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

(training, proficiency, and e xperience-building) and determining the PIC’s ability to

safely operate the UAS in a manner consistent with how the UAS will be operated

under this exemption are permitted under the terms of this exemption. However,

training operations may only be conducted dur ing dedicated training sessions. During

training, proficiency, and expe rience-building flights, al l persons not essential for

flight operations are considered nonpartic ipants, and the PIC must operate the UA

with appropriate distance from nonparti cipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditi ons (VMC). Flights

under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as

denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not

denoted with an ARP, the center of the airport symbol as denoted on the current

FAA-published aeronautical chart, unless a letter of agreement with that airport’s

management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the ai rport management must be made available

to the Administrator or any law enforcement official upon request.8

17. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the pr ivate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the

intended operation and to operate after that fo r at least five minutes or with the reserve

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All

operations shall be conducted in accorda nce with an ATO-issued COA. The

exemption holder may apply for a new or amended COA if it intends to conduct

operations that cannot be conducted unde r the terms of the attached COA.

22. All aircraft operated in accord ance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to th e Administrator or any law enforcement

official upon request.

24. The UA must remain clear and give wa y to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently pr otect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or struct ures has granted permission

for operating closer to those objects and the PIC has made a safety assessment of9

the risk of operating closer to those objects and determined that it does not

present an undue hazard.

The PIC, VO, operator trainees or es sential persons are not considered

nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with

permission from the property owner/cont roller or authorized representative.

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be

reported to the National Transportation Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS

operations must comply with al l applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight St andards ServiceVIA FDMS

The Honorable Michael P. Huerta

Administrator

Office of the Administrator

Federal Aviation Administration

800 Independence Avenue SW

Washington, DC 20591

July 9, 2014

Re: Amazon Petition for Exemption

Dear Administrator Huerta:

At Amazon, our energy comes from inventing on behalf of customers. Amazon Prime Air,

a new delivery system that will get packages to customers in 30 minutes or less using aerial

vehicles, is one invention we are incredibly passionate about. We believe customers will love it,

and we are committed to making Prime Air available to customers worldwide as soon as we are

permitted to do so.

Amazon shares Congress’s goal of getting small aerial vehicles (a.k.a., small unmanned

aircraft systems, or “sUAS”) flying commercially in the United States safely and soon. In the FAA

Modernization and Reform Act of 2012, Congress directed the FAA “to safely accelerate the

integration of civil unmanned aircraft systems into the national airspace system” and, under

Section 333 of that law, gave the FAA power to grant innovators “expedited operational

authorization” to do so. By this petition, Amazon is seeking its first such authorization, in order

to conduct additional research and development for Prime Air.

We are rapidly experimenting and iterating on Prime Air inside our next generation

research and development lab in Seattle. In the past five months, we have made advancements

toward the development of highly

‐ automated aerial vehicles for Prime Air, including:

 Testing a range of capabilities for our eighth

‐ and ninth

‐ generation aerial vehicles,

including agility, flight duration, redundancy, and sense

‐ and

‐ avoid sensors and

algorithms;

 Developing aerial vehicles that travel over 50 miles per hour, and will carry 5

‐ pound payloads, which cover 86% of products sold on Amazon; andThe Honorable Michael P. Huerta

July 9, 2014

Page 2

 Attracting a growing team of world

‐ renowned roboticists, scientists, aeronautical

engineers, remote sensing experts, and a former NASA astronaut.

Current FAA rules allow hobbyists and manufacturers of model aircraft wide latitude in

flying their sUAS outdoors. Because Amazon is a commercial enterprise we have been limited to

conducting R&D flights indoors or in other countries. Of course, Amazon would prefer to keep

the focus, jobs, and investment of this important research and development initiative in the

United States by conducting private research and development operations outdoors near Seattle

– where our next generation R&D lab and distinguished team of engineers, scientists and

aeronautical professionals are located. In order to allow outdoor R&D testing for Prime Air in the

United States, we are submitting this petition for exemption pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012.

Granting Amazon an exemption to allow R&D testing outdoors in the United States is in

the public interest because it advances Congress’s goal of getting commercial sUAS flying in the

United States safely and soon. It is a necessary step towards realizing the consumer benefits of

Amazon Prime Air and, at this point, Amazon’s continuing innovation in the United States

requires the requested exemption for outdoor testing in support of our R&D.

Further, granting this request will do nothing more than allow Amazon to do what

thousands of hobbyists and manufacturers of model aircraft do every day, and we will abide by

much stronger safety measures than currently required for these groups by FAA policies and

regulations. In this petition for exemption, we seek to engage in essentially the same type of

sUAS operation that the FAA would permit us to currently

– but for the fact that Amazon is not a

hobbyist or manufacturer of a model aircraft.

One day, seeing Amazon Prime Air will be as normal as seeing mail trucks on the road

today, resulting in enormous benefits for consumers across the nation. We respectfully submit

this petition for exemption so that Prime Air can be ready to launch commercial operations as

soon as eventually permitted by subsequent FAA action.

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 addressThe Honorable Michael P. Huerta

July 9, 2014

Page 3

Amazon.com

Legal Department

Re: Prime Air 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

 14 C.F.R. § 21.191(a)

– Experimental Certificates

 14 C.F.R. § 45.23(b)

– Display of marks; general

 14 C.F.R. § 91.9(b)

– Civil aircraft flight manual, marking, and placard requirements

 14 C.F.R. § 91.203(a) and (b)

– Civil Aircraft: Certifications Required

We believe an exemption from the regulations noted above will be sufficient to conduct

the R&D described in this exemption request. To the extent that FAA may deem it necessary,

however, we also request an exemption from any regulations ancillary to the foregoing that may

be needed to facilitate the desired operations. 1

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

We seek an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and

91 to the extent necessary to engage in private, non

‐ commercial R&D operations of sUAS on our

own property that would otherwise be expressly permitted if conducted by a hobbyist or a

1 Given the nature of the specific relief sought by this exemption request under 14 C.F.R. §§

21.191(a), 45.23(b), 91.9(b) and 91.203(a) and (b), and the particular contours of our desired testing

operations and proposed safeguards, a request for relief from any associated or implementing

requirements of several related provisions that may otherwise be applicable, such as 14 C.F.R. §§ 91.7(a)

(civil aircraft airworthiness); 91.103(b) (pre

‐ flight action); 91.109 (flight instruction); 91.119 (minimum

safe altitudes); 91.121 (altimeter settings); 91.151(a) (fuel requirements in VFR conditions); 91.405(a)

(maintenance required); 91.407(a)(1) (operation after maintenance, preventative maintenance,

rebuilding, or alteration); 91.409(a)(2) (inspections); and 91.417(a) and (b) (maintenance records), should

either be unnecessary as moot or deemed incorporated herein. Nevertheless, we seek an exemption from

any such specific provisions to the extent FAA finds it necessary to grant this request.The Honorable Michael P. Huerta

July 9, 2014

Page 4

manufacturer producing such sUAS. 2 We have detailed, below, a significant set of safeguards

that will apply to these R&D operations. Operations under these safeguards will provide for a

level of safety exceeding the level of safety required of similar sUAS operations that FAA

authorizes currently and without requiring compliance with the regulations from which we seek

an exemption. Moreover, our operations will not “create a hazard to users of the national

airspace system or the public or pose a threat to national security” 3 and are thus consistent with

the congressional mandate in Section 333 of the FAA Modernization and Reform Act of 2012,

which gives FAA a mechanism to allow certain UAS to operate safely in the national airspace

system.

We also intend to use one or more of the six FAA

‐ selected test sites and seek a special

airworthiness certificate (experimental category) for our sUAS. However, it would be impractical

for Amazon to pursue either one of these avenues as our sole or even primary method of R&D

testing at this time, and doing so would unnecessarily tax scarce FAA resources. For example, it

would be an unreasonable burden on both the FAA and Amazon if we were required to apply for

a special airworthiness certificate for every sUAS design or testing configuration while we are in

R&D and conducting rapid prototyping.

(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

As described above, Prime Air will be a new delivery system that is poised to offer

enormous consumer benefits by delivering packages to customers in 30 minutes or less. Please

see the introduction for details on how granting this request would benefit the public.

(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

Our R&D operations will provide for a level of safety that far exceeds the level of safety

required by FAA for hobbyists and manufacturers of model aircraft. 4 The following operating

procedures will apply during the R&D testing conducted under this exemption request:

2 See Pub. L. No. 112

‐ 95, § 336, 126 Stat. 77

‐ 78.

3 See id., § 333, 126 Stat. 76.

4 Because Amazon’s desired testing operations could not possibly be conducted using

conventional aircraft, the level of safety required of hobbyists and manufacturers of model aircraft is the

appropriate comparison.The Honorable Michael P. Huerta

July 9, 2014

Page 5

 The sUAS will (i) have a maximum weight of less than 55 pounds; (ii) be rotor

‐ powered via a battery source; and (iii) be U.S.

‐ registered and display marks in

accordance with 14 C.F.R. Part 45, Subpart C. 5

 Our sUAS R&D testing under this exemption will be conducted (i) within the visual

line of sight of the operator and/or one or more observers; (ii) at less than 400

feet AGL; and (iii) within Class G airspace.

 The operations will be conducted in a confined area over isolated Amazon private

property located a sufficient distance away from (i) any airport, heliport, seaplane

base, spaceport or other location with aviation activities; (ii) any densely

populated areas; and (iii) any military or U.S. government installations or airfields. 6

 All operations will remain within the lateral and vertical boundaries of the

operating area, taking into account all factors, including wind, gross weight and

glide distances, that may affect the capability of the sUAS to remain within the

airspace boundary; moreover, the integrity of the operating area will be

reinforced by geo

‐ fencing, 7 including the ceiling height of no more than 400 feet

AGL.

 Our sUAS R&D testing under this exemption will be conducted (i) under the

supervision of a designated pilot in command (PIC) who has final responsibility for

the operation in accordance with 14 C.F.R. § 91.3 and either (A) holds a current

FAA private pilot certificate issued under 14 C.F.R. Part 61, Subpart E, a higher FAA

pilot certification, or a FAA

‐ recognized equivalent 8 or (B) has completed FAA

private pilot ground instruction and passed the FAA private pilot written

5 To the extent that FAA determines that the Amazon sUAS operating under this exemption must

bear an “experimental” marking, we seek an exemption from 14 C.F.R. § 45.23(b) to accommodate the

required markings pursuant to 14 C.F.R. § 45.29(f).

6 We will apply separately for the necessary certificates of waiver from the requirements of 14

C.F.R. §§ 91.113 and 91.119 and the associated airspace authorization. Specific details of the operating

area, including latitude and longitude, and aeronautical charts and/or photographs, will be provided in

conjunction with that application process.

7 Geo

‐ fencing is a feature in a software program that uses GPS or radio frequency triangulation to

define geographical boundaries. A geo

‐ fence is a virtual barrier

– effectively an electronic box in which

the sUAS will be confined.

8 A private pilot certificate should be sufficient for the PIC to conduct these research and

development sUAS flights. See 14 C.F.R. § 61.113(b).The Honorable Michael P. Huerta

July 9, 2014

Page 6

examination or FAA

‐ recognized equivalent; and (ii) using only operators that have

completed training on the normal, abnormal, and emergency procedures in

specific details and demonstrated proficiency with the sUAS being operated.

 No operator or observer will engage in, nor may an operator or observer permit,

any activity during a critical phase of flight which could distract any operator or

observer from the performance of his/her duties or interfere in any way with the

proper conduct of his/her duties.

 Operators will maintain the sUAS system in a condition for safe operation, and

conduct a pre

‐ flight inspection prior to each flight so as to ensure that the sUAS,

control station, data link equipment, payload, and support equipment are in a

condition for safe operation and in a configuration appropriate for the purpose of

the intended flight.

 The operators and observers will maintain two

‐ way communications with each

other during all operations; if unable to maintain two

‐ way communications, or if

any condition occurs that may otherwise cause the operation to be unsafe, the

operator will immediately conclude the operation.

 Each sUAS will safely stop operating and return automatically to a specific location

on Amazon’s private property if the communications link is lost.

 For each sUAS, the observer will have the ability to press a physical button, that

will be within his/her reach at all times, that reduces power to the vehicle so as to

force a controlled landing; both the hardware and communication for this safety

system will be physically separate from the sUAS flight control systems.

 Testing operations will be conducted on private property, and only Amazon

employees, contract personnel, and invitees will be invited to the operations area;

security measures will be put in place to deter unauthorized access.

 The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as

applicable, will be available to the PIC referred to above at any time Amazon’s

sUAS are operating.

We will effectively operate our own private model airplane field, but with additional safeguards

that go far beyond those that FAA has long

‐ held provide a sufficient level of safety for public

model airplane fields

– and only with sUAS. Indeed, the combination of the geo

‐ fencing and lost

‐The Honorable Michael P. Huerta

July 9, 2014

Page 7

link procedures described above will ensure the sUAS stays within the tightly defined operating

area within our private property.

(f) A summary FAA can publish in the F EDERAL R EGISTER

, stating: (1) The rule from which you

seek the exemption; and (2) A brief description of the nature of the exemption you seek

Petitioner: Amazon.com, Inc.

Sections of 14 C.F.R. Affected: §§ 21.191(a); 45.23(b); 91.9(b); and 91.203(a) and (b)

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§

21.191(a); 45.23(b); 91.9(b); and 91.203(a) and (b) to conduct private, non

‐ commercial small

unmanned aircraft systems (sUAS) operations on its own property subject to operating

procedures that meet or exceed those that FAA requires for similar operations.

(g) Any additional information, views or arguments available to support your request

Please see the introduction to this exemption request.

(h) If you want to exercise the privileges of your exemption outside of the United States,

the reason why you need to do so.

The research and development operations described in this exemption request will be

conducted wholly within the United States.

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, Global Public Policy

Amazon.com