AFS

- 15

- 601

- E March 13, 2015 Exemption No. 11210 Regulatory Docket No. FAA

- 2015

- 0318

Ms. Stephanie Burns

Associate General Counsel

Amazon Prime Air

P.O. Box 81226 Seattle, WA 98108

- 1226

Dear Ms. Burns :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The B asis for Our Decision

By letter dated February 5, 2015 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Amazon Logistics, Inc. ( Amazon ) for an exemption from § § 61.113(a) and (b), 91.119(c), 91.121, and 91.151(a) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Amazon to test unmanned aircraft systems that have received a special airworthiness certificate in the experimental category on private Amazon property in a rural area of Washington State.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Amazon

.

The FAA has issued grant s of exemption in circumstances similar in all material respects to

tho se presented in your petition. In Grant of Exemption No s

. 11062 , 11177 and 1118 5 (cop ies enclosed), the FAA found that granti ng the requested relief from 14 CFR § 61.113(a)

, provided the conditions and limitations outlined in the exemption , would not adverse ly affect2

the safety of the NAS; that relief from 14 CFR § 91.119(c) wa s warranted ; and that good cause existed for granting relief from 14 CFR §§ 91.121 and 91.151(a). 1

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the Grant of Exemption Nos. 11062 ( see Docket No. FAA

- 2014

- 0352 ) , 11177 ( see Docket No.

FAA 2014

- 0858 ) and 1118 5 ( see Docket No. FAA

– 2014

– 085 5 );

• the reasons stated by the FAA for granting the Grant of Exemption No. 11062

, 11177 and

1118 5 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the autho rity contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Amazon Logistics, Inc. an exemption from

14 CFR §§ 61.113(a)

, 91.119(c), 91.121, and 91.151(a), to the extent necessary t o test
unmanned aircraft systems that have received a special airworthiness certificate in the experimental category on private Amazon property in a rural area of Washington State, subj ect to the conditions and limitations described below.

Conditions and Limitations

1. O perations must be conducted in accordance with the operating limitations stipulated as part of the special airworthiness certificate issued under the experimental category for each unmanned aircraft system.

2. Operations near persons and property:

a. All Fligh t operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

i. Barriers or structures are present that sufficiently protect 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 mann er ensuring the safety of nonparticipating persons, and/or;

ii. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted

1 Note that some conditions and limitations found in the underlying exemptions are included in the Operating Limitations issued to Amazon Logistics, Inc. as part of its experimental certificate.3

permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and ; iii. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

b. This pro vision may be reduced to no less than 200 feet if it would not adversely affect safety provided:

i. T he procedures developed by Amazon to use colored vests to identify

individuals who are designated as part of the flight operations crew and

ii. In the event visi tors 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 )

.

3. The p ilot in command ( PIC ) must possess at least a private pilot certificate and a

current third

- class airman medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is

rated on his or her pilot certificate.

a. However, the PIC is not required to maintain landing currency in manned aircraft by accomplishing at least three takeoffs and three landings within the preceding 90 days.

4. All operations must utilize a visual observer (VO). Th e 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 verbally at all times. Electronic messaging or texting is not permitted 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 ensure that the VO can perform the functions prescribed in the operating

documents.

5. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All

altitudes must be measured in feet Above Ground Level ( AGL )

.

6. The PIC is prohibited from beginning a UAS flight unless (considering wind and

f

orecast weather conditions and assuming normal cruising speed) there is enough power to fly to the intended landing point and land the UA with 20 % battery power remaining.4

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and th e UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on March 31

, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo Acting Deputy D irector, Flight Standards Service