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# Amendment Petition

March 2, 2015

Docket #: 2014

- FAA

- 0481 Exempt #: 11138

I, Douglas Trudeau, hereby submit petition for amendment to Exemption 11138.

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.

Sample 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 6Page 3 of 6

Reference: Exempti on 11138, Page 25, 31) "Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures..."

Considering the proximity of some homes to the homes that will be photographed/video recorded the requi rement of 500 feet for structures eliminates numerous potential homes and commercial businesses that can benefit from this technology. FAA sUAS NPRM Docket No: FAA

- 2015

- 0150; Notice No. 15

- 01 defines the sUAS used in exemption 1138 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.." FAA sUAS NPRM Docket No: FAA

- 2015

- 0150; Notice No. 15

- 01 additi onally "Proposes a micro UAS category that would allow operations in Class G airspace , over people non invol ved in the operation..." Since the FAA through the NPRM recognizes th e Petitioner's sUAS as highly maneuverable, and recommends permission to fly ov er persons not involved in the operation, the requirement of 500 foot distance for persons and structures outlined in exemption 11138 is an unnecessary burden. Petitioner requests removal of this restriction. Allowing the petitioner to use discretion for sensible and safe operation.

Reference: Exemption 11138, Page 25, 32) "All operations shall be conducted over private or controlled

access property with permission from the land owner/controller or authorized representative..."

Intent in the original petition to provide awareness to Tucson and surrounding communities was not fully addressed in exemption 11138. There are numerous areas where there is public land where elevated views would provide a better perspective of local communities for th ose unfamiliar with the

area

. As written, condition 32 in exemption 11138 excludes those public lands and areas where elevated perspective would benefit those unfamiliar with the Tucson and surrounding areas. Petitioner requests clarification to allow oper ation in these areas. R evising the condition to state something to the effect of

" A ny operations conducted over private or controlled

- access property shall require permission from the land owner/controller or authorized person

... " would allow broader opera tion to conduct additionally intended "academic" service for those considering moving to Tucson and or Arizona . Petitioner requests removal of this restriction. Allowing the petitioner to use discretion for sensible and safe operation.

Reference: Exemp tion 11138, Page 23, 14) "UAS operations must be conducted by a PIC possessing at least a private pilot certificate..."

FAA sUAS NPRM Docket No: FAA

- 2015

- 0150; Notice No. 15

- 01 has proposed for micro UAS that the operator to "Under the FAA's micro UAS ap proach, the operator of a micro UAS also would be able to operate using a UAS airman certificate with a different rating (an unmanned aircraft operator certificate with a micro UAS rating)..."

 In " FAA 8900.1, Vol 16 Unmanned Aircraft Systems, Chapter 4 Airmen Certification, A. UAS General Operations Requirements, 6) Only one PIC per aircraft is authorized, and the PIC must be in position to assume control of the aircraft. "Page 4 of 6

 " FAA 8900.1, Vol 16 Unmanned Aircraft Systems, Chap ter 4 Airmen Certification, B. PIC, 2) Rating for the UAS PIC depend on the type of operation conducted; they fall into two categories: ...Operations that do not require at least a private pilot certificate or FAA recognized equivalent."

 " FAA 8900.1, Vol 1 6 Unmanned Aircraft Systems, Chapter 4 Airmen Certification, B. PIC, 3) The requirement for the PIC to hold a pilot certificate or FAA

- recognized equivalent is based on various factors including:

o The location of the planned operation,

o The mission profile,

o The size of the aircraft, and

o Whether or not the operation is conducted within or beyond Visual Line of Sight (VLOS)."

 " FAA 8900.1, Vol 16 Unmanned Aircraft Systems, Chapter 4 Airmen Certification, B. PIC, 5) Operations without a pilot certificate may be a llowed when all of the following conditions are
met: a) The PIC has successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA private pilot written examination or FAA

- recognized equivalents... b) Operations are during da ylight hours. c) The operation is conducted in a noncongested location. d) The operations are approved and conducted solely within VLSO in Class G airspace. e) VLSO operations are conducted no further than one

- half nautical mile (NM) laterally from the UA S Pilot at an altitude at or below 400 feet AGL at all times. See Volume 16, Chapter 1, Section 2, for the definition of VLOS. f) Operations are conducted no closer than 5 NM from any FAA

- designated airport or heliport other than the airport from which the aircraft is operating. g) The operation is conducted from a privately owned airfield, military installation, or off

- airport location."

 "FAA 8900.1, Vol 16 Unmanned Aircraft Systems, Chapter 4 Airmen Certification, C. Supplemental Pilots. Supplemental pilots are those pilots assigned UAS flight duty to augment the PIC. It is common for operators to have both an internal and an external UAS pilot. The
supp lemental pilot can assume either of these positions.

o 1) Ratings. Supplemental pilots must have, at a minimum, successfully completed private pilot ground school and passed the written test or FAA

- recognized equivalents. The ground school written test resul ts are valid for 2 years from the date of completion, at which time the individual must repeat the instruction and written examination. If a supplemental pilot assumes the role of PIC, he or she must comply with the PIC rating, currency, medical, and train ing requirements listed in subparagraph 16

- 4

- 1

- 3B.

o 2) Recent Pilot Experience. The operator/applicant must provide a process that ensures that pilots maintain an appropriate level of recent pilot experience for the position they are assigned in the UAS bei ng operated.Page 5 of 6 o 3) Medical. Supplemental pilots must maintain, at a minimum, a valid FAA second

- class medical certificate issued under part 67 or the FAA

- recognized equivalent. The second

class medical certificate expires at the end of the last day of the 12t h month after the month of the date of the examination shown on the medical certificate, according to § 61.23. Section 91.17, or an FAA

- recognized equivalent, applies to all UAS crewmembers.

o 4) Training.

 a) UAS supplemental pilots must have:

 Training in al l specific details of the UAS being operated, including normal, abnormal, and emergency procedures;

 Manufacturer

- specific training (or an FAA

- recognized equivalent); and

 Demonstrated proficiency and successful testing in the UAS being operated.

o b) Operator s/applicants must maintain individual training records for all UAS personnel. The instructor must document and the trainee must initial all training."

 "FAA 8900.1, Vol 16 Unmanned Aircraft Systems, Chapter 4 Airmen Certification, A.

o e) May be augmented b y supplemental pilots; however, the PIC retains complete and overall responsibility of the flight, regardless of who may be piloting the aircraft.

o f) Has the ability to assume the duties of an internal or an external UAS pilot at any point during the fligh t.

o g) May rotate duties as necessary to fulfill operational requirements.

o h) Must have a thorough knowledge of the Certificate of Waiver or

o Authorization (COA) issued to the organization when conducting a public aircraft operation, and must retain a copy t o reference during flight.

o i) Must be trained and qualified on the specific UAS for the conduct of the flight.

o j) May assume the duties of VO or PIC if piloting an OPA when the OPA is being utilized as a UAS and being flown by the CS pilot."

Based on FAA 8900.1, Vol 16 Unmanned Aircraft Systems, Chapter 4 Airmen Certification, B. PIC, 5) Operations without a pilot certificate... Petitioner requests allowance to personally control flight of sUAS with a qualified PIC present to monitor and take over controls if needed. FAA sUAS NPRM Docket No: FAA

- 2015

- 0150; Notice No. 15

- 01 , page 61, " The FAA proposes to codify this statutory requirement in § 107.13(a), which would require a person who wishes to serve as an operator to obtain an unmanned aircraft airman cert ificate with a small UAS rating. " Bearing in mind the "... unmanned aircraft airman certificate with a small UAS rating ..." consideration by the FAA , through its authority, allowing a Temporary Experimental Unmanned Airman Certificate with small UAS rating would allow the FAA to gather data on flights pertinent to final decision for FAA sUAS NPRM Docket No: FAA

- 2015

- 0150 . All operations in high density areas within the VFR map would still require a PIC with Private Airman certification to pilot the sUAS during operations. The FAA po s ses ses the authority for determining levels of Airman Certification. They FAA also has the authority to gather data to help make determination for final rule making. AUV Flight Services of Tucson has prepared UAS and sUAS ground school for the inevitable integration of UAS into NAS. Petitioner requests that the FAA c onsider the AUV Flight Services ground school as an "...FAA

- recognized equivalent..." for UAS training (of the Petitioner ) and forPage 6 of 6

gathering data that will benefit the FAA in final rule decision concerning sUAS and UAS Airman Certification.

Finally, Peti tioner has received increasing requests for aerial services using the sUAS permitted in exemption 11138 for a variety of services in and outside Petitioners original geographical area of operation. Considering that sUAS service would be safer than manned aircraft or individual climbers and

r ather than submitting numerous amendments for exemption 11138, petitioner requests expansion of allowable operation geographically for anywhere within the State of Arizona as well as increased operational services to me et increasing demand for aerial services for business, surveyors, inspectors, communities, local governments, and state government

. Respectfully,

Douglas Trudeau