Docket #: 2014

- FAA

- 0481

Exempt #: 11138

Page 1 of 5 

# Amendment 3

September 14, 2015

Docket #: 2014

- FAA

- 0481 Exempt #: 11138

Considering that the FAA has been nonresponsive to Amendment 1 within one hundred ninety five (195) days and Amendment 2 within one hundred eighty ( 180 ) days I am submitting Amendment 3 to encapsulate key aspects of each of the prior amendments. I request that considerations be broken into

s ections to avoid further delay for areas that can be determined immediately. Sections 1 and 3 are reiteration of already submitted amendments. Section 2 is an easy considerat ion for craft already approved by the FAA for other exemptions already approved.



## Section I

First and foremost

, as addressed in Amendment 2, I, Douglas Trudeau, hereby submit petition for amendment to Exemption 11138 concerning 5 nautical mile condition. Exemption 11138 is more
restrictive in the area than hundreds of approve exemptions that have followed.



### Reference: In my Exemption 11138, p age 2 4
, " 19) The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart. "

I request reconsideration equal and consistent conditions concerning the 5 nautical miles from an airport as in like Exemption No. 11153

- Regulatory Docket No. FAA

– 2014

– 0519 , page 25, " 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted o n a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport mana gement must be made available to the Administrator upon request. "

As well as in Exemption No. 11195

- Regulatory Docket No. FAA−2014−0884 , page 12, " 19. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current F AA

published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a Notice to Airmen (NOTAM), as required by the operator’s Certificate of Waiver or Authorization (COA ). The letter of agreement with the airport management must be made available to the Administrator upon request. "

I request the same flexibility as exemptions 11153 and 11195 for acquiring agreement with the airports' management should operations fall wit hin 5 nautical miles of an airport.Docket #: 2014

- FAA

- 0481

Exempt #: 11138

Page 2 of 5 There have been over one thousand (1,000) exemptions since exemption 11138 with less restriction concerning the five (5) nautical mile radius around towered airports. Some of which are

September 9, 2015 Star City SkyCams Exemption No. 12798 Regulatory Docket No. FAA−2015−2615

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- pu blished 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 airport management must be made available to the
Administra tor or any law enforcement official upon request.

September 3, 2015
Mr. Keith A. Redlin Exemption No. 12737 Regulatory Docket No. FAA

– 2015

– 1448

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the

curr ent FAA Airport/Facility 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 otherw ise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

August 26, 2015 Mr. Gregory B. Mays Exemption No. 12617
Re gulatory Docket No. FAA−2015−2468

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symb ol 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 airport management must be made available to the Administrator or any law enforcement official upon request.Docket #: 2014

- FAA

- 0481

Exempt #: 11138

Page 3 of 5 May 11, 2015 Stephenson Construction Management, LLC Exemption No. 11536 Regulatory Docket No. FAA

– 2015

– 0401

16. The UA may not operate within 5 nautical miles of an ai rport reference point (ARP) as denoted in the current FAA Airport/Facility 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
wi th that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

April 8, 2015
Extreme Media Productions Exemption No. 11300 Regulatory Docket No. FAA−2014−1034

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for ai rports 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
hold er. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.



## Section 2

I, Douglas Trudeau, re quest approval for additional multi

- rotor craft to include

 DJI Phantom 3

 DJI Inspire

 DJI S 900

 DJI S 1000

 DJI S 1000+
all of which are craf t already approved by the FAA for other Section 333 exemptions.



## Section 3

Finally

, I, Douglas Trudeau, hereby submit petition fo r amen dment to Exemption 11138 concerning high density areas where homes are not closely situated. Especially considering there are communitiesDocket #: 2014

- FAA

- 0481

Exempt #: 11138

Page 4 of 5 outside t he high density area where homes are in closer proximity to each other than within the high
densit y defined areas on the VFR map.

Reference: Exemption 11138, Page 25, 30) "The UAS may not be operated over congested or densely populated areas."

Th e requirement prohibiting operation in densely populated areas has dramatically reduced the area of marketing for the petitioner. Operations outside the five (5) mi le radius of Tucson International and Davis Monthan Air Force Base is a reasonable expectation. However the VFR map depicting high density areas for the Tucson area prohibits areas along the north, northwest, northeast , east and west that have properties o n siz able lots over an acre that can benefit from marketing through aerial video/photography. The FAA 's sUAS NPRM Docket No: FAA

- 2015

- 0150; Notice No. 15

- 01 "Proposes a
micro UAS category that would allow operations in Cl ass G airspace, over people non invo lved in the operation..." All operations with the sUAS in exemption 11138 are operated in Class G airspace. Petitioner has additionally added to safety by using a VHF transceiver that allows direct communication with ATC as well as any aircraft in the vici nity. Most flights in higher density area would only require AGL
of approximately 50

- 100 feet above roof line of the structure being videoed/photographed. Posing no
risk to manned aircraft. Average roof line of a single story residence is 14 feet, while a 2 story home is 24 feet. Thereby, placing operations between 64

- 124 AGL in high density areas. FAA sUAS NPRM Docket
No: FAA

- 2015

- 0150; Notice No. 15

- 01 defines the sUAS used in exemption 113 8 as a "micro UAS" that is according to the FAA "...highly maneuverable and much easier to land than a manned aircraft. Thus, in an emergency, an operator should be able to promptly land the small unmanned aircraft.." Since the FAA through its NPRM is pro posing operation "... over people not involved ..." and "...highly
maneuverable..." in operations, the burden of restricting operation in densely populated areas in exemption 11138 is an unreasonable burden that prohibits the use of this technology for an in ordinate number of homeowners wishing to have their homes marketed with aerial video/photography. Petitioner submits that use of sensible and safe consideration during operation that does not place any person, structure or NAS at risk is a more reasonable requirement. Therefore, Petitioner requests reconsideration concerning densely populated areas to allow sensible and safe consideration during operation as determined by the PIC on site.

P l e a s e s e e m a p a s s ample of an area along the Catalina Foothills designated on the VF R map as high density, when many homes are on 1+ acre lots. Many with significant distance between homes. Some built on a mountain slopes where sUAS aerial video/photography would provide a perspective
unavailable otherwise.Page 2 of 6