### 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
«,. Fax/ International Number

;<, Organizatjon/ Org Unit ," SolJmitler's RepreseotatiYe ", RepresentatiYe's Address i'. Rep's City, State &

Zip Govemment fVJeOCY Type Govemment fVJeOCY 1825 characters remaining This is a COYer page for PeIitioo for ExempOOn for an item in K. 91-45C dealing with policeing ofAir 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, butreceived 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 ofCommon 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 letterto the editor from the DuluthNews Tribune (encl4) to obtain an overview ofwhat brought us to this point.
We are petitioning to have up to six (6) individuals allowed to be in the safety zone each ofthe two days ofthe airshow. Inreturn, 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 ofcourse would not include damage to property, as that liability would be there whether we were or not. - i 1Since 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 ofthe safety zones forjets flying at air shows in the U.S. in the late 80's and early 90's, how manyjets have had an accident or incident inside the zone? The answer: From 1980 to August 1, 2008 (date ofresponse) 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 eighteenyears. 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 ofajethaving an incident or accident within the safety zone. That's not counting any ofthe air shows that have stuntjets required to use the zone but none ofthe big three teams involved.
The zone as described to us by the head ofthe 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 of40,000 square feet. My math skills are lacking to figure the odds that even ifthere were an incident oraccident in the zone, it would involve our area. Regarding the editorial issue ofcoercion: We were told by the air show personnel that ifwe were on our property, thejets would not perform. In 2008 the Duluth Air Show sold 32,000 tickets (encI 7), most ofwhich 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 thejets wouldn't fly. Even ifthey did not release our names, some ofthe 32,000 would find out and harassment orworse 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) ofthe 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 ofany future litigation." To me, that says it all!Ifthis 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 ofthe 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 ofpersons in air show safety zones, where the zone is imposed over private property.

# ~ffi£1l Dennis R. Duff

### D~AC 91-4SC k. Rotorcraft Takeoffand LandingAreas. 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 amanner thatprevents unauthorauthorizedpersons 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) Sailplanesfall into the Category 111 group. Category 

### nI showline and performance distances apply. (2) Because ofthe sailplane's needfor 

### 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 usedfor 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 Goodjudgment 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. Onepolicing 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. Ifa road runs beneath the operating area and that road is not patrolled, motorists could park on the shoulders to enjoy the show. Ifthis 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 151JJ.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 madeI to**ev~**..**~. ag~~**  __ ..**#~ ''''.it'~'** **~**__ ..- 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'semergency 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 orAuthorization (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 ofthe 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

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# Cehc} 3) approved and are exceptions to FAA Order 8900.1, Volume II, Chapter 6. However, for thejetteams 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 ofa spectator area as appropriate to the category ofaircraft being flown during oblique aerobatic maneuvers. 28. An arrival demonstration is not authorized unless an advance member ofthe demonstration team has been briefed onthe show line and pertinent special provisions ofthe 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 orpersonnel 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 ofa large "X," which is readily visible from 3,000 feet above the surface, must be displayed on a prominent part ofthe 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

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## =;~.~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 ofvehicular and pedestrian traffic and/or / 

### persons.**~1JiJ'l'i,-~~~'fl'>**.....**~.jf~~';'>R,,<,,<**__ ..**,,",-<-t-"'"-~.l<~~.,,~** _**~ ~_"~.**  ""':....":....\:Ii::'i'

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-**,~**...**~-t>.t';,.-"l-}~** 32. Spectator areas may not be closerthan 500 feet from any takeoffand landing runway when the approach speed (Vref) ofany aircraft exceeds 100 knots and/or for any aircraft that has a certificated gross weight ofmore than 50,000 pounds. Aircraft with both an approach speed (Vref) of 100 knots or less and a certificated gross weight of50,000 pounds or less shall be required to use a runway that is at least 300 feet from the spectator area. IfALL aircraft and ultra-lights in an air show have approach speeds ofless than 60 knots, and certificated gross weight ofless than 2,500 pounds, and there is no excessive maneuvering during takeoffor landing, spectators may be as close as 200 feet to the takeoffor landing runway. The "flying farmer" or similar comedy routines that involve excessive non-aerobatic maneuvering immediately after takeofforjustbefore 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 orjettisoned 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 OurView are those ofIt1e editorial board listed above

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

. 

## PAGE B2 "Congressshallmakeno law

...

### abridging thefreedom oj speech, orojthepress ... "

. 

# • • Sunday July 13,2008 

# Ion Duluth News Tribune

DULUTHNEWSTRIBUNE.COM DULUTH AIR SHOW 

# SAFETYZONE, 0

# R 

# DE FACTO INVASION?

M ywife andI aredirectlyaffected by the air show. We have prop· erty in the safety zone established by theFederalAviationAdministration. That requires anyone in the zone to be removed when the jets perform

. She grew up and watched air shows inthe 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 establishedwe workedwiththe spon· sors and still had our parties. That group lost money in 1994, and the shows stopped. In2001, they started again andwe planned a party. The week ofthe show we were told we wouldhaveto NEWSTRIBUNEFILE 

# DENNISD UFF

LOCAL VIEW 

# Anydealcompellingairport-areaproperty ownerstovacatetheirland duringthe 

# airshowmustbecooperativeandfair

Althoughthezoneisaboutsafety, it'salsoaboutliability:liabilityagainstthepilots,sponsors, executives, Duluth InternationalAirportandanyentityagoodlawyerwould litigateagainst. ... We've beentold that ifwe're in the zone, the Blue Angels will not fly. So thatothers atthe air show will notbe affected by any action takenbyus,my wife andI vow to vacate thezone atthe scheduled times. But inprotest,because we feel the FAA should offer a waiver option suchastheone mentioned above, we will not sign anyform or contractwiththe air show orFAA thatwe see as a coerced document. We will not give up ourbasic civil rightsto be onourproperty and enjoy ourdifferent view. 

## WewillnotsignanyformorcontractwiththeairshoworFAAthatweseeasacoerceddocument.

leave. We settledfor some tickets,

. most ofwhich we gave away
.The restwere unused. Forthe next show we did the same, knowing we wouldbe there on Friday whenmost oftheplanesflew in and didpracticeruns. In2006,the zone was expanded andthe organizerswanted usoutonFriday also. Althoughthezone is about safety, it's also aboutliability:liability againstthepilots, sponsors, executives,DuluthInternational Airport and anyentitya good lawyer would litigate against. Two years ago when we were settlingwiththe show,we offered to sign a document thatwould absolve anypartyconnected withthe show from anyliabilityfor bodily injury ordeathfrom anyjethaving anaccident inthezone ifwe were allowed to stay. They saidthat already had been tried and rejected

. So we settled for whatthe others inthe expanded zone did. This year, they shrunkthe zone back down, butnotfor us. Theyalso wantus outfor four days instead of three

.They gave us theiroffer and we countered withours
.They said the FAA hadbeen 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



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# Airshowsells 32,000tickets

NEWSTRIBUNE 

## 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 spectaclefromthe show's sanctioned ramp. The turnout is 

## about the same as for the last Duluth Air Show in2006. Not included in the count are the thousands of people who watched the event from outside Duluth International Airport'sfences. "It'sthebiggest 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. Earlyweatherreports\vrongly indicated a greater chance for rain Sundaythan 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 onaircraft crashes oruse 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 knowthis 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, "orboxes", 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. Ifyour not able to fInd a complete total, I would think that how many, ifany, involving the Thunderbirds would be available. I wouldprefer a complete total ifpossible.
Thank you, Dennis R. Duff Page 1 of 1 

# (ene} 

# 8)

2/3/2010