AMAZON FILES PETITION FOR AMENDMENT TO EXEMPTIONS RELATED TO COMMERCIAL DRONE PROGRAM
December 30, 2021
On Monday, November 29, 2021, Amazon.com Services LLC d/b/a Amazon Prime Air (“Amazon”) submitted an application to the U.S. Department of Transportation (“DOT”) requesting amendments to its two previously approved exemptions, which allowed it to use unmanned aircraft systems (i.e. “UAS” or “drones”) without first obtaining formal certification from the Federal Aviation Administration (“FAA”).
Amazon submitted its original application for an exemption under 49 U.S.C. § 44807 and 14 C.F.R. Parts 61, 91, and 135 on July 16, 2019, in which it asked DOT for the exemption to be able to “facilitate the operations” of its Prime Air delivery service by using UAS in the U.S. without first holding an airworthiness certificate as required under Part 135. Following this initial application, the FAA then conducted a full review of Amazon’s proposal and conducted a safety evaluation of its MK27 UAS. The FAA granted Amazon’s exemptions on August 27, 2020 on the condition that it adhere to several conditions and limitations including not operating the UAS higher than 400 feet above ground level, not operating the UAS over or within 250 feet laterally of moving vehicles, and not operating the UAS over humans and structures.
According to Amazon’s petition, it is requesting amendments to its exemptions to add type certificate candidate drone and modify certain other conditions and limitations to cover its new “second generation” MK27 drone system. Amazon argued in its petition that it has been researching its drone system for over a year and has determined the second-generation MK27-2 can operate safely “without many of the conditions and limitations the Exemptions placed on the original MK27.” Some such conditions and limitations that Amazon is requesting removal of include: (a) a condition/limitation that Amazon provide sufficient Aircraft Observers and Safety Officers so that adequate visual or audible identification of abnormal aircraft behavior during flight from the ground can be performed, (b) a removal of the requirement that Amazon designate emergency landing areas, (c) a removal of “redundant hazardous materials program requirements,” and (d) removal of the requirement for private pilot certificates.
The FAA has yet to issue a decision in the matter.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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