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USUA Ultralight Training Exemption

Exemption 4274 is the exemption granted to the United States Ultralight Association (USUA). Current USUA instructors are also given permission to operate under this exemption. The privileges of this exemption are extended to USUA instructors only by written authorization of the USUA. Each USUA instructor has a personal copy of the exemption, with a letter from the USUA granting this authorization.

New students should insist on seeing this document from their prospective instructors, to verify that their instructor is indeed operating legally. USUA instructors are proud of their accomplishments as instructors, and are happy to show you these documents.

In 2004, this training exemption was extended again, with a termination date of January 31, 2008. This new termination date marks the end of ultralight organization's training exemptions. After this date, all instruction will be performed by Sport Pilot instructors.

Bob Comperini

USUA AFI #A16560

Exemption No. 4274K

June 10, 2003

Exemption No. 4274K
Regulatory Docket No. FAA-2001-9976

Mr. Rich Pendergist
Executive Vice President
United States Ultralight Association. Inc.
P.O. Box 667
Frederick, 21705

Dear Mr. Pendergist:

This is in response to your May 29,2003, letter petitioning the Federal Aviation Commission (FAA) on behalf of the United States Ultralight Association, Inc. (USUA) for an extension of Exemption No. 4274, as amended. That exemption from § 103.1(a) and (e) of Title 14, Code of Federal Regulations (14 CFR) permits individuals authorized by USUA to give instruction in two-place powered ultralight vehicles that have a maximum empty weight of no more than 496 pounds, have a maximum fuel capacity of not more than 10 U.S. gallons, are not capable of more than 75 knots calibrated airspeed at full power in level flight, and have a power-off stall speed that does not exceed 35 knots calibrated airspeed, subject to specific conditions and limitations. The amendment you request would include tandem powered paragliders and tandem powered paraglider trikes to the vehicles covered by this exemption.

In your petition, you indicate that the conditions and reasons regarding public interest and safety, presented in the original petition upon which the exemption was granted, remain unchanged.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested extension of and amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to USUA.

The FAA has determined that the justification for the issuance of Exemption No 4274, as amended, remains valid with respect to this exemption.

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. § § 40113 and 44701, delegated to me by the Administrator, Exemption No. 4274, as amended, is hereby further amended by extending its June 29, 2003, termination date to June 30, 2005, unless sooner superseded or rescinded. In addition, this exemption will cover tandem powered paragliders and tandem powered paraglider trikes.

All other conditions and limitations of Exemption No. 4274, as amended, remain the same. This letter shall be attached to, and is part of, Exemption No. 4274.

In an effort to allow the public to participate in tracking the FAA's rulemaking activities, we have transitioned to the Department of Transportation's Internet-accessible Docket Management System (DMS), located at: http://dms.dot.gov. This new system enables interested persons to submit, view, and download requests to the DMS in accordance with 14 CFR § 11.63. Future requests should be submitted through this system.

Sincerely,

[SIGNED]

John M. Allen
Acting Director, Flight Standards Service

June 10, 2003

Exemption No. 4274J
Regulatory Docket No. FAA-2001-9976

Mr. Thomas A. Gunnarson
Executive Vice President
United States Ultralight Association. Inc.
P.O. Box 667
Frederick, 21705

Dear Mr. Gunnarson:

This is in response to your June 16, 2000, and August 2, 2001, letters petitioning the Federal Aviation Administration (FAA) on behalf of the United States Ultralight Association, Inc. (USUA), for an amendment to Exemption No. 4272, as amended.

That exemption from § 103.1(a) and (e) of Title 14, Code of Federal Regulations permits individuals authorized by the USUA to give instruction in powered ultralight vehicles that have a maximum empty weight of not more than 496 pounds, have a maximum fuel capacity of not more than 10 U.S. gallons, are not capable of more than 75 knots calibrated airspeed at full power in level flight, and have a power-off stall speed that does not exceed 35 knots calibrated airspeed. The amendment you request would add a condition and limitation to include weight exclusions of up to 35 pounds for safety devices intended for deployment in a potentially catastrophic situation, up to 70 pounds for each float, up to 90 pounds for each amphibious float, up to 120 pounds for an amphibious fuselage, and up to 15 pounds for each outrigger float and pylon on powered ultralight vehicles used for training.

In your petition, you indicate that the conditions and reasons regarding public interest and safety, presented in the original petition upon which the exemption was granted, remain unchanged.

The FAA recognizes that there is no language in Exemption No. 4274, as amended, or in reference materials published by the FAA that establishes weight exclusions for floats or safety devices on two-seat, powered ultralight vehicles. The FAA notes that instructors have previously tried to apply the guidelines for single-seat ultralight vehicles found in Advisory Circular (AC) 103- 7, The Ultralight Vehicle, to calculate weight exclusions for floats and safety devices used in two- seat ultralight vehicles during training. The lack of specific weight exclusions for safety devices and floats has led to misinterpretation by the ultralight industry.

The FAA has found that safety devices, such as emergency parachutes, have been available for over 15 years for use on two-seat ultralight vehicles used in training. The FAA notes that in that time, over 200,000 hours of demonstrated operational experience have illustrated that such safety devices provide increased safety during training. These devices have provided similar levels of safety on single-seat ultralight vehicles without adversely affecting their performance characteristics.

The FAA supports how you derived your proposed weight exclusions, and agrees with you that the rationale for providing weight exclusions for floats and safety devices on single-seat, powered ultralights, as described in AC 103-7, also applies to two-seat, powered ultralight vehicles. For reasons identical to those used to permit weight exclusions for safety devices and floats under 14 CFR § 103.1(a), the FAA finds that specific weight exclusions for these items should be permitted under the conditions of this exemption.

A summary of the petition was published in the Federal Register on February 19, 2002 (67 FR 7445). No comments were received.

The FAA has determined that the justification for the issuance of Exemption No. 4274, as amended, remains valid with respect to this exemption.

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. § § 40113 and 44701, delegated to me by the Administrator, Exemption No. 4274, as amended, is hereby further amended to add a new condition No. 2 to include weight exclusions of up to 35 pounds for safety devices that are intended for deployment in a potentially catastrophic situation, up to 70 pounds for each float, up to 90 pounds for each amphibious float, up to 120 pounds for an amphibious fuselage, and up to 15 pounds for each outrigger float and pylon on powered ultralight vehicles used for training.

The conditions and limitations of Exemption No. 4274, as amended, are as follows:

Each operation must comply with all sections of part 103 except § 103.1(a) and (e).
Each ultralight vehicle operated under this exemption is authorized weight exclusions of up to 35 pounds for safety devices that are intended for deployment in a potentially catastrophic situation, up to 70 pounds for each float, up to 90 pounds for each amphibious float, up to 120 pounds for an amphibious fuselage, and up to 15 pounds for each outrigger float and pylon.
Each ultralight operated under this exemption must permanently display the following placard: "To be used for instruction only." This placard must have letters at least one-half inch in height and be displayed in a location easily visible and legible to all persons entering the ultralight vehicle.
All flights carrying two occupants must be used for instruction only, and one occupant must be recognized in writing by USUA as qualified and authorized to give instruction in an ultralight vehicle.
All single-occupant flights in two-seat ultralight vehicles are restricted to those associated with instruction. Such flights include, but are not limited to (a) ferrying the ultralight vehicles between locations where instruction and proficiency and competency checks will be conducted, (b) maintenance test flights, and (c) new vehicle checkouts, provided those flights are operated by a person authorized in condition No. 4 of this exemption to give flight instruction. Solo flights by students may be permitted in a two-place, powered ultralight vehicle provided those flights are for instructional purposes only and are conducted under the close supervision of an instructor authorized to give instruction.
Before all two-occupant flights, the instructor must inform the student that the flight is conducted under an exemption granted by the FAA and that the FAA does not establish certification standards for powered ultralight vehicles, pilots, or instructors.
For identification purposes, the USUA must issue an individual authorization to each person allowed to conduct operations under this exemption. Each authorization must include an identification number and a copy of this exemption. The USUA also must have a procedure to rescind this authority when needed.
An individual authorized to operate under this exemption may operate an ultralight vehicle covered by this exemption that is owned by another entity, provided the ultralight vehicle displays the placard required by condition No. 3 of this exemption.
Each individual authorized to operate under this exemption must provide the USUA with his or her name, address, telephone number, qualifications, flight experience, and a list of the ultralight vehicles(s) he or she expects to operate (including the manufacturer, model, type specifications, and any registration/identification number) for the purpose of giving instruction under this exemption. The individual must update this list every 6 months.
Each individual who operates an ultralight vehicle under the authority of this exemption must be familiar with its provisions and must have in his or her personal possession, for each operation, a copy of the authorization issued by the USUA and a copy of this exemption. These documents must be presented for inspection upon request by the FAA.
Six months from the date of this exemption and every 6 months thereafter, the USUA must provide the Director of Flight Standards Service, AFS-l, with a listing of any incident, accident, or mechanical malfunction of the airframe, drive train, or engine involving training under the terms and conditions of this exemption. The information maintained by the USUA must include:
a. The ultralight vehicle's manufacturer, model, type, specifications, and registration/identification number;
b. The ultralight vehicle owner's name, address, and phone number;
c. The date of the incident, accident, or malfunction;
d. The number and description of injuries;
e. The number of fatalities; and
f. Any information on the possible cause factors.
Each individual who operates an ultralight under this exemption and is involved in any incident, accident, or mechanical malfunction as described in condition No. 11 of this exemption must promptly provide the USUA the information identified in condition No. 11 of this exemption.
The information provided to the USUA under condition Nos. 9 and 11 must be retained for a minimum of 3 years and made available to the FAA upon request.

This exemption terminates on June 29, 2003, unless sooner superseded or rescinded.

This letter shall be attached to, and is part of, Exemption No. 4274.

Sincerely,

[SIGNED]

Louis C. Cusimano
Acting Director, Flight Standards Service

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