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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." 

The requirement prohibiting operation in densely populated areas has dramatically reduced the area of 

marketing for the petitioner. Operations outside the five (5) mile 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 on sizable 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 Class G airspace, over people noninvolved 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 vicinity. 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 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.." Since the 

FAA through its NPRM is proposing 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 inordinate 

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 VFR 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.
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Reference: Exemption 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 

requirement 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 additionally "Proposes a micro UAS category that would allow 

operations in Class G airspace, over people non involved in the operation..." Since the FAA through the 

NPRM recognizes the Petitioner's sUAS as highly maneuverable, and recommends permission to fly over 

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 controlledaccess 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 those 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 operation in these areas. Revising the condition to state something to the effect of 

"Any operations conducted over private or controlled-access property shall require permission from the 

land owner/controller or authorized person..." would allow broader operation 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: Exemption 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 approach, 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."
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 "FAA 8900.1, Vol 16 Unmanned Aircraft Systems, Chapter 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 16 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 allowed 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 daylight 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 

UAS 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 

supplemental 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 results 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 training 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 being operated.
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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 secondclass medical certificate expires at the end of the last day of the 12th 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 all 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) Operators/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 by 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 flight.

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 to 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 certificate 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 possesses 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 consider the AUV Flight Services 

ground school as an "...FAA-recognized equivalent..." for UAS training (of the Petitioner) and for 
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gathering data that will benefit the FAA in final rule decision concerning sUAS and UAS Airman 

Certification. 

Finally, Petitioner 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

rather 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 meet increasing demand for aerial services for business, surveyors, inspectors, 

communities, local governments, and state government. 

Respectfully, 

Douglas Trudeau