Regulations.gov 

,". First Name Dennis 

i~ Middle Name Richard 

,., last Name Duff 

", Maiiing Address 4619 Crosley Ave. 

.. ,. Mailing Address 2 

City Duluth 

,>, 0Juntty United States 

,>. State or Province Minnesota 

Postal Code 55804 

,", Email Addressrkiutf@sprynet.com 

c", Phone Number 218-52!r-1406 

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This is a COYer page for PeIitioo for ExempOOn for an item in 

K. 91-45C dealing with policeing of Air Shows. 

I could not find any Docket perta;rring to anything like this . 

Attach a file (opronaI) 

Please see the ;. regarding comment submission. 

Any information (e.g., personal or contact) you provide on this comment form or In an attachment may be publicly disclosed and searchable on the Internet a, 

in a paper docket and witl be provided to the Department or Agency issuing the notice. To view any additional information for submitting comments, such as 

anonymous or sensitive submissions, refer to the Privacy and Use Notice, the Federal Register notice on which you are commenting, and the Web site of the 

Department or Agency. 
Petition for Exemption 

from an item in FAA AC 91-45C regarding Airshow policing from: 

Dennis Richard Duff 

4619 Crosley Ave 

Duluth, MN 55804 USA 

Email: dduff@sprynet.com 

Phone Number: 218-525.1406 

Gentleperson: 

The cover page is a download from FDMS with Shell Docket FAA-2007-001-001 

as I could not fmd anything pertaining to this. I had sent an email to your forms library 

asking which forms to use, but received no response. I didn't submit the form online due 

to the attachments involved. 

The exemption my wife Mary and I seek is from AC 91-45C, Chapter 2, 

Paragraphs 16b and 16d (encl! and 2). This also is shown in an updated version 

downloaded from AVR Enterprise 15, Section D examples of Common Special 

Provisions, Paragraph 31 (encl 3). 

The exemption pertains to the Duluth Air Show at the Duluth Airport, Duluth, 

MN, scheduled for July 17th_18th, 2010. 

Please read the letter to the editor from the Duluth News Tribune (encl4) to 

obtain an overview of what brought us to this point. 

We are petitioning to have up to six (6) individuals allowed to be in the safety 

zone each of the two days of the airshow. In return, each would sign a document 

prepared by the FAA or the airshow promoter. The document would absolve the pilot, 

owner (military or other), airport authority, any person or entity connected to the airshow 

(including the FAA or other government agency) from any liability for bodily injury or 

death happening to us or other signatory, by any aircraft required to use any safety zone 

that may overlap our viewing area that has an incident and/or accident during the times 

we usually would be required to vacate the zone. 

This of course would not include damage to property, as that liability would be 

there whether we were or not. 

- i 

1 
Since this is about an exemption and not rulemaking, it obviously affects 

only us and the others who want to be with us. 

The only safety affected would be ours and any other signatory. 

I asked the FAA the following: 

Since the creation of the safety zones for jets flying at air shows in the 

U.S. in the late 80's and early 90's, how many jets have had an accident or 

incident inside the zone? 

The answer: 

From 1980 to August 1, 2008 (date of response) there were 7 (enc1 5). 

From their websites: 

In 2009 the Blue Angels had 69 U.S. shows 

In 2010 the Thunderbirds plan to have 64 U.S. shows 

From August 2008 to August 2009 the Canadian Snowbirds had 8 shows. 

That's a total of 141 shows. 

Since the safety zones came into effect in 1990 (per AC 91-45C) to 2008 (date of 

FAA response), that's eighteen years. 18 years x 141 shows = 2,358 shows. 

Taking the FAA figure, although it was from 1980: 2,53817 = 362. 

That makes a rough average of one chance in every 362 air shows of a jet having 

an incident or accident within the safety zone. That's not counting any of the air shows 

that have stunt jets required to use the zone but none of the big three teams involved. 

The zone as described to us by the head of the Duluth Air Show (enc1 6) is 

32,400,000 square feet in area. Our viewing area is about 200 feet by 200 feet, for an 

area of 40,000 square feet. My math skills are lacking to figure the odds that even if there 

were an incident or accident in the zone, it would involve our area. 

Regarding the editorial issue of coercion: 

We were told by the air show personnel that if we were on our property, the jets would 

not perform. In 2008 the Duluth Air Show sold 32,000 tickets (encI 7), most of which 

purchasers came to see the Blue Angels. Ifwe had been there and they decided not to fly, 

they would announce to the audience that some people would not leave the safety zone 

so the jets wouldn't fly. Even if they did not release our names, some of the 32,000 

would find out and harassment or worse would ensue. That's coercion! 

Regarding the editorial issue about liability as important as safety: 

I sent an email to the Thunderbirds (enc1 8). They directed me to call the ACC (Air 

Combat Command) Public Affairs. I reached an individual who helps set up air shows 

for the Thunderbirds. I asked him the question about any Thunderbirds having an 

accident or incident in the zone. He told me very few but did not have an exact number. 

He then gave me the phone number (at that time 757-764-3186) of the ACC historian. I 

gave the man who answered my name and location, and asked him the same question. 

His answer was, "We don't give out any information like that." When I asked him why 

not he answered, "Because of any future litigation." To me, that says it all! 
If this exemption is granted, we would like the forms at least two weeks in 

advance so that our attorney could review them before we sign ( and possibly notarize). 

Mary and I will probably be there for both shows but may invite different people 

for each day. We would like at least 12 forms with a space for entry of the date it's good 

for. Since all persons have to be legally able to sign the form, no children would be 

present. 

For the Federal Register 

Petition for Exemption from FAA AC 91-45C Chapter 2 Paragraph 16b and 16d, 

to remedy an inequity in the policing and evacuating of persons in air show safety zones, 

where the zone is imposed over private property. 

Dennis ~ffi£1l R. Duff 

D~ 
AC 91-4SC 

k. Rotorcraft Takeoff and Landing Areas. 

During some aviation events there may be helicopters taking "VIP's" for rides or serving as 

emergency vehicles. The landing and takeoff 

areas used by these aircraft should be enclosed in 

a manner that prevents unauthorauthorized persons 

from entering the helipad. The helipads should 

be located so the aircraft does not pass over 

spectators during takeoff or landing. Regardless 

of the emergency or nature of the operation, 

spectators must not be endangered. 

l Sailplane Operations. Airshow aerobatic demonstrations with sailplanes are becoming 

more numerous around the country. Sailplanes, 

by their very nature, are less hazardous than 

powered aircraft. Sailplanes do not have engines 

and propellers, nor do they carry flammable 

liquids that could cause injury to spectators. For 

these reasons, the following criteria apply ONLY 

TO SAILPLANE OPERATIONS. 

(1) Sailplanes fall into the Category 111 

group. Category nI showline and performance 

distances apply. 

(2) Because of the sailplane's need for 

a tow by either an airplane or a car, taxiways are 

often used for takeoff. This is advantageous in 

many cases since it allows the tow plane, towline, and the sailplane to be positioned without 

congesting the active runway or affecting the 

operation of powered aircraft. Unless there are 

obstructions that would make a taxiway takeoff 

unsafe, it should be permitted with a minimum 

distance from the primary spectator area of 

200 feet (Appendix 1. Figure 14). This distance 

may be reduced to 150 feet when the takeoff 

path, beginning at or near the center of the spectator area, is at an angle of at least 100 away 

from spectators (Appendix I, Figure 15). 

(3) Landings may be approved on the 

taxiway used for the takeoff as long as there are 

no obstructions or adverse wind conditions that 

would create a hazard to the spectators. If the 

landing approach requires a low altitude tum over 

12 

211190 

spectators, landing on the taxiway shall oot be 

permitted. 

(4) This part does not apply to motorgliders which are treated as powered aircraft. 

16. POUCING. There is no specific requirement for the use of uniformed police or security 

guards. The need for special policing depends 

upon several factors. 

a If fencing is used for crowd control, 

there may be little need for special cWwd-control 

personnel. On the other hand. if the sponsor 

intends merely to cordon off the primary or secondary spectator areas with rope, it might be necessary to have special crowd-control personnel 

b. With respect to crowd control, remember that it is the sponsor's-NOT the FAA's 

responsibility--to ensure that all reasonable efforts 

are made to confine spectators to the primary and 

secondary spectator areas. If reasonable efforts 

have been taken and unauthorized persons or vehicles enter the area where aviation event aerobatic maneuvers are performed, efforts must be 

made to remove them from the area Good judgment should be used when determining whether 

it is necessary to halt a show to protect persons 

on the ground.««"~,~_;_~~<,,_~ __ 

'_~<.....-t'ft"iY;:--"""""" YJJ;r?''><:t.''''"' 

c. One policing need that is often ignored 

is the airspace where aviation event aerobatic 

maneuvers are performed overlaps roads or highways. This can present a problem unless arrangements are made to control traffic. If a road 

runs beneath the operating area and that road is 

not patrolled, motorists could park on the shoulders to enjoy the show. If this condition exists, 

arrangements should be made to have the traffic 

controlled. Transition over a road or highway 

underlying the operating area is the same as 

egress or ingress over congested areas. 1bere is 

no requirement for termination of an aviation 

event aerobatic maneuver at a given distance 

from a road or highway, but. as with a congested 

area. aviation event aerobatic maneuvers may not 

Chap 2 

Par 15 
1JJ.I90 

be perfooned over roads or highways unless the 

road or highway has been closed and no persons 

are allowed to patX along the road or highway. 

~-d.--lJ-th-e""re-are-j;",'iw::S";;,,-;;;;;;; b~iM'::'t 

'S below the airspace where aviation event) 

robatic maneuvers are perfuoned, a reasonable 

effort to evacuate such buildings during the 

aviation event should be made. If persons' reenter the buildings, every effort should be made I 

''''.it'~' 

to ev~ .. ~. 

~ __ ag~~ ..- __ .. #~ 

17. EMERGENCY FACILITIES. Generally, 

the FAA shall not require much more in teons of 

emergency facilities than are nonnally found at 

airports. Off-airport sites can be another matter, 

and, before seJecting such a site, serious consideration should be given to emergency facilities at 

such sites. Every aviation event sponsor is encouraged to provide emergency medical service 

even though this service is not nonnally necessary. Many sponsors prefer to have the local fire 

department's emergency rescue squad, paramedics, 

or emergency medical. technicians at their show 

rather than a physician. Nonnally, the following 

rules of thumb are adequate: 

a. Physician. Except for events that are a 

great distance (m a ground vehicle) from a hospital or medical clinic, an emergency rescue squad, 

paramedics, emergency medical technicians, or a 

first-aid station can be substituted for a physician. 

b. Ambulance. If an emergency rescue 

squad is provided, an ambulance should also be 

provided. If there is a physician in attendance, 

any vehicle acceptable to the physician for emergency transportation is sufficient. Many communities rely on a sheriff's or local law enforcement officer's vehicle as their only means of 

ambulance service. It would be improper to prohibit use of a similar vehicle to serve as an 

ambulance for the event. 

c. Firetruck. For the most part, the only 

reason for having a firetruck at an aviation event 

is for performers' benefit, not the spectators'. If 

Chap 2 

Par 16 

AC 91-4SC 

the perfonners are willing to accept a pickup 

truck: with handheld fire extinguishers, the FAA 

does not demand a sponsor provide an official 

firetruck with trained firemen. 

d. CrtlSh Wagon. Many locations where 

events are conducted do not have crash wagons 

available. If they are not aVailable, the FAA 

does not require a sponsor to obtain one from a 

facility that might be hundreds of miles away. 

Again, the presence of crash wagons benefits the 

perfonners, not the public. 

e. Aerobatic school activities or aerobatic 

meets, which are not aviation events, contests, or 

races, require a waiver. At these school activities 

or meets not advertised as aviation events, it may 

not be necessary for the school or sponsor to provide policing or emergency facilities. 

f. Some professional performers do not 

accept a contract or an invitation unless liability 

insurance has been obtained and/or adequate first 

aid and emergency medical transportation are provided. Also, perfonners might demand that, for 

their own protection, a firetruck with trained 

personnel be provided. 

18. FAA FORM 7711-2. FAA Fonn 7711-2, 

Application for Certificate of Waiver or Authorization (Appendix I, Figure 16), is used when applying for FAA Fonn 7711-1, Certificate of 

Waiver or Authorization (Appendix I, Figure 17). 

a. The local FAA FSDO assists in the 

preparation of FAA Fonn 7711-2; however, the 

preparation and submission of FAA Fonn 

7711-2, as well as all of the necessary supporting 

documentation, are the responsibility of the 

applicant 

b. Depending on the type of aviation event 

or operation, all items on the form may not be 

applicable. In other cases, additional information 

may be required. 

13 
W/llV~q:(S, fJ V,}/!J/{ I :2..11) loA/::;; /IN(J C E:-N~AflL SPEC-IAL pf?!} V)5 J6IJS 

(DP!:;' ~/:2.;J 0 B - C.hCt}lq"~ tlJ-'7z, 1/1 h T&d "?1 y~ll<Jw) Cehc} 3) 

approved and are exceptions to FAA Order 8900.1, Volume II, Chapter 6. 

However, for the jet teams noted in b. above, flight below 500 feet AGL over 

occupied buildings is permitted in the transition areas depicted in their maneuvers 

package. Low altitude ingress and egress routes below 500 feet AGL require 

FAA IIC approval. 

c. Maneuvers on an oblique line that pass 500, 1,000, or 1,500 feet to either side 

of a spectator area as appropriate to the category of aircraft being flown during 

oblique aerobatic maneuvers. 

28. An arrival demonstration is not authorized unless an advance member of the 

demonstration team has been briefed on the show line and pertinent special provisions 

of the waiver. This information must be relayed to the team leader before the arrival 

demonstration. 

29. The following facilities shall be provided and readily available at the 

demonstration site. [List the emergency and medical equipment or personnel that the 

sponsor and the nc have agreed are needed, and include an emergency plan.] 

30. To alert non-participating aircraft, a closed field signal in the form of a large "X," 

which is readily visible from 3,000 feet above the surface, must be displayed on a 

prominent part of the airport when the aerial demonstration is in progress. [This 

closed field signal is necessary at most uncontrolled airports and airports which have 

only a non-Federal control tower, but is usually not required at airports which have a 

Federal control tower. Ensure the X is placed where it will not be a hazard to aircraft 

operating on t~e .. =;~.~1<!l~.(i~_'C¥'''''''~'''''''''''''''''''v'''''<4'''''''''''''<'''M' <c''''''''~'''';iP''''"··'''>''''''''''~'·''''''.~. 31. The responsible person will ensure that ~oa. ds and buildings under the specified } 

aerobatic maneuvering area are devoid of vehicular and pedestrian traffic and/or / 

~_"~. 

persons. ""':....":....\:Ii::'i' ... '><~/:c#:{k'-~'>-..-.-.~:',7~,-":4-""-~''"''~~~ ~1JiJ'l'i,-~~~'fl'> 

,"",", 

..... ~.jf~~';'>R,,<,,< __ .. ,,",-<-t-"'"-~.l<~~.,,~ 

- ,~ ... ~-t>.t';,.-"l-}~ 

_ ~ 

32. Spectator areas may not be closer than 500 feet from any takeoff and landing 

runway when the approach speed (Vref) of any aircraft exceeds 100 knots and/or for 

any aircraft that has a certificated gross weight of more than 50,000 pounds. Aircraft 

with both an approach speed (V ref) of 100 knots or less and a certificated gross weight 

of 50,000 pounds or less shall be required to use a runway that is at least 300 feet 

from the spectator area. If ALL aircraft and ultra-lights in an air show have approach 

speeds of less than 60 knots, and certificated gross weight of less than 2,500 pounds, 

and there is no excessive maneuvering during takeoff or landing, spectators may be as 

close as 200 feet to the takeoff or landing runway. The "flying farmer" or similar 

comedy routines that involve excessive non-aerobatic maneuvering immediately after 

takeoff or just before landing must also be separated from the spectator area by at 

least 500 feet. These distances can be measured to the runway centerline for single 

aircraft operations, in which case the aircraft are expected to operate on the runway 

centerline. For formation takeoffs/landings, this distance shall be measured to the 

runway edge. 

33. Aircraft equipped with operable ejection seats or jettisoned tanks must be 

identified as such to the event sponsor and on-site crash rescue services. 

STEVE MCLisTER Publisher 

ROBIN WASHINGTON Editorial Page Editor 

CHUCK FREDERICK Deputy Editorial Page Editor 

DEB WILLIAMS Employee Representative 

STANLEY MORROW Citizen Representative 

Views in Our View are those of It1e editorial board listed above. 

Columns, cartoons and letters represent the views of the authors. 

PAGE B2 

"Congress shall make no law ... abridging 

thefreedom oj speech, or oj the press ... " . 

• • 

Sunday 

July 13, 2008 

Ion Duluth 

News 

Tribune 

DULUTHNEWSTRIBUNE.COM 

DULUTH AIR SHOW 

SAFETY ZO NE, 0 R 

DE FACTO INVASION? 

M y wife and I are directly affected 

by the air show. We have prop· 

erty in the safety zone established by 

the Federal Aviation Administration. 

That requires anyone in the zone to 

be removed when the jets perform. 

She grew up and watched air shows 

in the area before the zone was estab· 

lished. When she inherited the prop· 

erty, we had parties for friends and 

relatives. When the zone was fIrst 

established we worked with the spon· 

sors and still had our parties. That 

group lost money in 1994, and the 

shows stopped. 

In 2001, they started again and we 

planned a party. The week of the 

show we were told we would have to 

NEWS TRIBUNE FILE 

DENNIS DUFF 

LOCAL VIEW 

Any deal compelling airport-area property 

owners to vacate their land during the 

air show must be cooperative and fair 

Although the zone is about safety, it's also about liability: liability against the pilots, sponsors, 

executives, Duluth International Airport and any entity a good lawyer would litigate against. ... 

We've been told that if we're in 

the zone, the Blue Angels will not 

fly. So thatothers at the air show 

will not be affected by any action 

taken by us, my wife and I vow to 

vacate the zone at the scheduled 

times. But in protest, because we feel 

the FAA should offer a waiver 

option such as the one mentioned 

above, we will not sign any form or 

contract with the air show or FAA 

that we see as a coerced document. 

We will not give up our basic civil 

rights to be on our property and 

enjoy our different view. 

We will not sign any form or contract with the air show or FAA that we see as a coerced document. 

leave. We settled for some tickets, . 

most of which we gave away. The 

rest were unused. 

For the next show we did the 

same, knowing we would be there on 

Friday when most of the planes flew 

in and did practice runs. In 2006, the 

zone was expanded and the organizers wanted us out on Friday also. 

Although the zone is about safety, 

it's also about liability: liability 

against the pilots, sponsors, executives, Duluth International Airport 

and any entity a good lawyer would 

litigate against. 

Two years ago when we were settlingwith the show, we offered to 

sign a document that would absolve 

any party connected with the show 

from any liability for bodily injury 

or death from any jet having an accident in the zone if we were allowed 

to stay. They said that already had 

been tried and rejected. So we settled 

for what the others in the expanded 

zone did. 

This year, they shrunk the zone 

back down, but not for us. They also 

want us out for four days instead of 

three. They gave us their offer and 

we countered with ours. They said 

the FAA had been asked about it and 

had said no. 

DENNIS DUFF lives near th£ airport in 

Duluth. 
FAA Response to Your Question Regarding Stunt Aircraft Accidents Page 1 of 1 

(ehc:.J 5) 

FAA Response to Your Question Regarding Stunt Aircraft 

Accidents 

From: 

To: 

Subject: 

Date: 

kimberly.burtch@faa.gov 

dduff@sprynet.com 

FAA Response to Your Question Regarding Stunt Aircraft Accidents 

Aug 1, 2008 12:37 PM 

Mr. Duff, we apologize for the delay in responding to your question and 

thank you for your patience. We used the National Transportation Safety 

Board's (NTSB) database to obtain the following information. 

The number of aircraft accidents involving jet-powered aircraft performing 

in airshows after 1980 is 7, 6 with the pilot receiving fatal injuries and 

1 with the pilot receiving serious injuries. In one accident, 2 ground 

personnel received minor injuries. 

If you wish to do a more in depth search, you can access the NTSB's 

database at the following link. 

http://www.ntsb.gov/ntsb/query.asp 

If you require additional assistance, please contact us. 

Kim Burtch 

Safety Analysis Branch 

Recommendation and Analysis Division 

Office of Accident Investigation 

Federal Aviation Administration 

http://webmail.earthlink.net/wam/printable.jsp?msgid=8969&x=-1 013955745 9/3/2009 
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-

-
Airshow sells 

32,000 tickets 

NEWS TRIBUNE 

About 32,000 people bought 

tickets for the Duluth Airshow 

this year, and Ryan Kern, the 

event's organizer, estimated 

that with complimentary 

guests included, probably 

about 34,000 folks took in the 

spectacle from the show's sanctioned ramp. The turnout is 

about the same as for the last 

Duluth Air Show in 2006. 

Not included in the count 

are the thousands of people 

who watched the event from 

outside Duluth International 

Airport's fences. 

"It's the biggest air show in 

Minnesota," boasted Dave 

Bowe, a spokesman for the 

event. 

Despite Saturday rains, 

Kern said it was a bigger day 

for attendance than Sunday, 

About 20,000 people bought 

tickets for Saturday, as compared with 12,000 Sunday. 

Early weather reports \vrongly 

indicated a greater chance for 

rain Sunday than Saturday. 

Kern said more than 800 

volunteers helped make this 

year's show possible. 

(enc.! 7) 
sinnedffud@peoplepc.com 

From: 

To: 

Sent: 

Subject: 

Sir -

"USAF Thunderbirds (Nellis AFB)" <USAF.Thunderbirds@nellis.af.mil> 

<sinnedffud@peoplepc.com> 

Thursday, May 29,20085:33 PM 

RE: prior e-mail 

We are not the subject matter experts on aircraft crashes or use of 

safety boxes. The best people to contact in reference to that type of 

information would be ACC Public Affairs at 757-764-1110. 

I know this is not the information you were hoping for, but it's he best 

I can do. 

vir 

TSgt Pamela Anderson 

-----Original Message-----

From: sinnedffud@peoplepc.com [mailto:sinnedffud@peoplepc.com] 

Sent: Thursday, May 15,20085:53 AM 

To: USAF Thunderbirds (Nellis AFB) 

Subject: prior e-mail 

Hi! On 04/28/08 I sent you an e-mail asking for information about the 

incidents of 

pilots having to use the safety zones, "or boxes", established in the 

late 1980's, 

hopefully ejecting fIrst. Have not recieved anything from you yet. If 

your still 

compiling information, please give me a heads up. If your not able to 

fInd a 

complete total, I would think that how many, if any, involving the 

Thunderbirds 

would be available. I would prefer a complete total if possible. 

Thank you, Dennis R. 

Duff 

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