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Exemption No. 6080 F
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
WASHINGTON, DC 20591
May 30, 2003
Exemption No. 6080F
Regulatory Docket No. FAA-2000-8425
Mr. James Stephenson
Chief Executive Officer
Aero Sports Connection, Inc.
Dear Mr. Stephenson:
By letter dated
Your letter is being processed as a new petition for exemption to comply with your request for amendment.
The FAA issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6080 (copy enclosed), the FAA found that safety has been enhanced in the powered ultralight industry through programs developed and administered by aviation safety organizations. The FAA recognized the value of the services of ASC and other aviation organizations to the ultralight community and considered it in the public interest to promote the programs of those organizations whenever possible. ASC’s request for an exemption was found to be for instructional purposes only and did not seek to expand the privileges of other ultralight exemptions. The FAA further found the training by ASC to be conducted in accordance with a proven approach to ultralight instruction.
Having reviewed your reasons for requesting an exemption, I find that they do not differ materially from those presented by the petitioner in the enclosed grant of exemption. In addition, I have determined that the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present.
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, Aero Sports Connection, Inc. is granted an exemption from 14 CFR § 103.1(a) and (e) to the extent necessary to permit two-place powered ultralight vehicles that have a maximum empty weight of 496 pounds, have a maximum fuel capacity of 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 the following conditions and limitations:
1. Each operation must comply with all sections of part 103 except § 103.1(a) and (e).
2. 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.
3. Each ultralight vehicle operated under this exemption must permanently display the following placard: “To be used for instruction only.” This placard must have letters at lease one-half inch in height and be displayed in a location easily visible and legible to all persons entering the ultralight vehicle.
4. All flights carrying two occupants must be used for instruction only and one occupant must be recognized in writing by ASC as being qualified and authorized to give instruction in an ultralight vehicle.
5. All single-occupant flights in two-seat ultralight vehicles are restricted to those associated with flight 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 as authorized in condition No. 4 of this exemption to give flight instruction. Solo flights by students may be permitted in a two-seat, 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.
6. 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.
7. For identification purposes, ASC 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. ASC also must have a procedure to rescind this authority when needed.
8. 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.
9. Each individual authorized to operate under this exemption must provide ASC with his or her name, address, telephone number, qualifications, flight experience, and a list of the ultralight vehicle(s) he or she expects to operate (including the manufacturer, model, type specifications, and any registration/identification number) for the purpose of instruction under this exemption. The individual must update this list every 6 months.
10. Each individual who operated 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 ASC and a copy of this exemption. These documents must be presented for inspection upon request by the FAA.
11. Six months from the date of this exemption and every 6 months thereafter, ASC must provide the Director of Flight Standards Service, AFS-1, 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 ASC must include–
a. The ultralight vehicle’s manufacturer, model, type, specifications, and any registration/identification number;
b. The ultralight vehicle owner’s name, address, and telephone number;
c. The date of the incident, accident, or malfunction;
d. The number and description of any injuries;
e. The number of any fatalities; and
f. Any information on the possible cause factors.
12. Each individual who operates an ultralight vehicle 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 ASC the information identified in condition No. 11 of this exemption.
13. The information provided to ASC 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
Sincerely,
/s/ Steven W. Douglas
Acting Director, Flight Standards Service
Enclosure
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