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April 24, 2008

Petition for exemption from Federal Aviation Regulations, Parts 1
(definition of Light-Sport Aircraft) and 103.1(Ultralight Vehicle), to
permit the development of electric motors and their required battery
packs as a viable alternative to fossil-fuel-powered reciprocating
aircraft engines.

PETITIONER: Experimental Aircraft Association (EAA), Inc.

P.O. Box 3086

Oshkosh, WI 54903-3086

PETITION SUMMARY

This petition seeks an exemption from the Federal Aviation Regulations
(FARs) to permit the use of alternative aircraft engines, specifically
electric motors, in lieu of the required fossil-fuel-powered
reciprocating engines in light-weight recreational aircraft. EAA is
requesting an exemption to the following FARs:

-   Light-Sport Aircraft:

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-   Part 1, Light-Sport Aircraft definition "(6) a single, reciprocating
    engine, if powered."

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-   Ultralight Vehicles:

    -   Part 103.1(e)(2) "Has a fuel capacity not exceeding 5 U.S.
        gallons."

If approved, this petition for exemption will permit the continued
development of electric motors and their required battery packs as a
viable alternative to fossil fuel powered reciprocating aircraft
engines.

REASON FOR PETITION AND BACKGROUND

EAA and its members have been at the forefront of aeronautical
advancements since the organization was founded in 1953. The list of
aeronautical industry advancements with their original roots at EAA
includes many that have now become general and commercial aviation
industry standards:

-   Unique aircraft designs (such as the Long-EZ, SpaceShip One, White
    Knight, etc.),

-   A aircraft winglets

-   Glass cockpits

-   Composite aircraft

-   New safer aircraft fabric covering techniques and processes

-   Ultralight aircraft

-   Ultra-simple cyclic control systems for helicopters (replacing bell
    cranks and push/pull rods)

-   Moldless composite construction

-   Matched-hole tooling and jig-less assembly system

At AirVenture Oshkosh 2007, EAA innovators introduced the first
successful electric motor powered weight-shift control (WSC) ultralight
vehicle and amateur-built aircraft.

The Electric Aircraft Corporation introduced an electric single-seat
weight-shift-control ultralight, the Electraflyer -
<http://www.electraflyer.com/> and Sonex introduced their *e-Flight
Initiative*, an electric powered Sonex airplane -
<http://www.airventure.org/2007/4wed25/sonex.html>

The ASTM LSA Committee (F37) has started developing ASTM standards for
aircraft electric motors.

This exemption is being requested due to regulatory restrictions related
to the use of electric motors.

-   Part 1, Light-Sport Aircraft (LSA) definition mandate this category
    of aircraft be "(6) a single, reciprocating engine, if powered." EAA
    asks the FAA to endorse future alternative energy aircraft engines
    by changing the wording in part 1 to:

    -   "(6) A single, reciprocating engine or electric motor, if
        powered."

An FAA exemption, as requested by EAA, would allow for the continued
development and use of electric motors for experimental LSA until such
time as the regulatory change can be made. To support the regulatory
change petition and this petition for exemption EAA completed a
historical review of DOT Docket FAA-2001-11133:

-   The original DOT/FAA proposed rule was published in the Federal
    Register on February 5, 2002.

    -   On page 5376, the DOT and the FAA clearly stated that "a
        light-sport aircraft would be limited to a single, non-turbine
        engine, if powered. The FAA believes that the requirement for no
        more than one engine keeps the aircraft simple and limits speed.
        The requirement for a non-turbine engine is intended to limit
        the engine to a simple-to-operate design, such as a conventional
        reciprocating engine (including a rotary or diesel engine) and
        *would permit simple alternatives, such as electric engines."*

    -   On page 5400, DOT/FAA supported this type of engine philosophy
        by defining a light-sport engine, including the use of an
        electric engine, (Part 1 definition) as: "(7) A single,
        non-turbine engine, if powered."

-   The final DOT/FAA rule was published in the Federal Register on July
    27, 2004.

    -   On page 44798, the DOT and the FAA reviewed several public
        comments concerning the type and number of engines to be
        authorized on a LSA. Electric engine technology was not
        mentioned in this section. The DOT/FAA stated that they were
        changing the Part 1 engine definition from "(7) A single,
        non-turbine engine, if powered" to "(6) A single reciprocating
        non-turbine engine." This change "was done to *preclude
        light-sport aircraft powered by rocket engines* but still permit
        rotary and diesel engines."

    -   On page 44861, the DOT and the FAA further changed to definition
        in Part 1 to read: "(6) A single, reciprocating engine, if
        powered."

-   Based on the original proposed NPRM and final rule, EAA firmly
    believes the DOT and the FAA intended LSA aircraft to be powered by
    either a conventional reciprocating engine, or a rotary engine, or a
    diesel engine, or *simple alternatives, such as electric engines."*
    Because the original DOT and FAA engine philosophy was not carried
    forward in the final rule, EAA is requesting an exemption to allow
    electric motors to power LSA, and to change the Part 1 definition of
    LSA engines to "(6) A single, reciprocating engine or electric
    motor, if powered."

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-   Part 103.1. By endorsing alternative energy aircraft engines,
    specifically electric motors, EAA asks the FAA to acknowledge that
    aircraft powered by electric motors with current technology battery
    packs will not use the 5 gallons of gasoline authorized for
    ultralight vehicles. An average ultralight vehicle with a
    conventional reciprocating engine consumes two (2) gallons per hour,
    for a flight duration of 2 hours plus a 30-minute reserve at normal
    cruise speed. In contrast, during actual test flight programs using
    current technology battery packs, the Electric Aircraft Corporation
    has shown that a battery pack weighing 39 pounds will only provide 5
    minutes of flight time (no reserve), a 42-pound battery pack will
    provide 30 minutes of flight time (no reserve), and their largest
    battery pack at 78-pounds provides a reasonable one hour flight
    duration (no reserve). EAA asks the FAA to endorse electric motor
    technology that allows a 100- pound battery pack weight in lieu of
    the authorized 5 gallons of fuel. The 100-pound battery pack will
    allow a one-hour flight (78 pounds) plus an approximate 5-minute
    power reserve (22 pounds) as an emergency source of available power.
    This will allow electric-motor-powered ultralight vehicles to offset
    the weight of current technology battery packs. This action will
    require a change in the wording of part 103.1:

    -   103.1(e)(2) to: "Has a fuel capacity not exceeding 5 U.S.
        gallons or a battery pack not exceeding 100 pounds."

The result of this exemption would be that an Ultralight would be
weighed without battery packs to meet the required Part 103.1(e)(1) 254
pounds empty weight requirement, then the battery packs would be added
just as fuel is added under Part 103.1(e)(2).

EAA is requesting the FAA issue an exemption to allow the continued
development and use of electric motors in aircraft until such time as
the regulatory changes, noted above, can be made.

As electric technology advances, the efficiency and flight
range/duration of electric aircraft motors will drastically increase,
while the weight of battery packs will decrease. These technological
advances will take time, but great strides are being made as seen in the
new Tesla Motors "electric" Roadster, available to the public after
March 2008. Its battery pack contains 6,831 Lithium-ion battery cells,
capable of producing 400 volts and 5,500 kilowatts of usable energy,
thus creating a range of 245 miles and a top speed of 125 miles per
hour. <http://www.teslamotors.com/> .

In addition to the electric motor and battery pack technology being
developed and marketed by Tesla Motors, the entire automotive industry
is rushing to develop next-generation electric motor and battery pack
technology. This electric motor technology will revolutionize the global
auto and other transportation industries.
<http://www.cnn.com/2007/TECH/10/29/hybrid.birth.ap/index.html>

This technology has an equal development push in aircraft electric motor
and battery pack technology as these industries learn from each other.
It is only a matter of time before aircraft powered by electric motors
become the aviation industry standard. The approval of this exemption is
critical to the advancement of "green aviation." A [U.S. Department of
Energy study](http://www.epa.gov/otaq/cert/mpg/fetrends/420r07008c.pdf)
has shown that alternative fuel vehicles (hybrids, etc.) have saved a
total of 230 million gallons of gasoline since 1999. The U.S. growth of
"green cars" is projected to increase by 10 percent in the next five
years. Prime examples of the projected electric motor "green car"
technological advancements can also be found within the Ringspeed
Manufacturing Company and its *sQuba* car
([**www.ringspeed.com**](http://www.ringspeed.com/)) and the ZENN
Manufacturing Company and its ZENN *2.22* and *2.22LX* model cars
([**www.zenncars.com**](http://www.zenncars.com/)). With similar
electric motor technologies, the aviation industry will experience an
equal growth in aircraft powered by electric motors.

Equal to EAA, as an innovator of new aeronautical technologies, is the
U.S. Radio Control (RC) aircraft industry, which has developed
incredible award-winning electric motor and battery-pack technologies.
Electric motor powered RC aerobatic aircraft placed first and third in
the 2007 Precision Aerobatic U.S. National F3A Airplane competition --

<http://www.rctoys.com/pr/2007/10/09/thunder-power-rc-wins-precision-aerobatics-us-nationals-muncie/>
Other RC electric motor highlights -
<http://www.diynetwork.com/diy/rc_planes_aircraft/article/0,2033,DIY_14224_4320834,00.html>,
and

The technology lessons learned within the RC community are being applied
to aircraft in the ultralight, amateur-built, and light-sport aircraft
industries today. At least two aircraft are being developed to take
advantage of this great alternative energy source that is available
today!

INTEREST OF THE PETITIONER

EAA, a 501(c)(3) non-profit association, is the world leader in
recreational aviation. With an international membership of 170,000
individuals, EAA brings together aviation enthusiasts, pilots, and
aircraft owners who are dedicated to the continued growth of aviation,
the preservation of its history and a commitment to aviation\'s future.
EAA programs, activities and events are known throughout the world for
*Preserving* the heritage of aviation, *Promoting* access to flight,
*Protecting* the right to fly, *Preparing* the future of aviation, and
of our *Passion* for aviation safety and education. These efforts are
made possible through massive volunteer involvement in support of the
organization, as well as EAA\'s global network of nearly 1,000 local
Chapters and EAA's specialized Vintage Aircraft (VAA), Warbirds of
America (WOA), and International Aerobatic Club (IAC) divisions.

SAFETY ISSUES

EAA strongly feels that overall flight safety will be greatly enhanced
by allowing owners and manufacturers to develop safe and reliable
electric-powered aircraft. This exemption request seeks to reach that
higher safety level for using alternative energy sources within all
types of ultralight vehicles and light-sport aircraft, and within 5 to
10 years in all type-certificated recreational and general aviation
aircraft.

Within the light-sport aircraft industry, safety will be enhanced as the
ASTM F-37 LSA Committee writes, evaluates, and implements -- and
continually updates -- aircraft electric motor and battery pack
industry-wide safety design, manufacturing, and operational standards.
The ASTM aircraft electric motor standards will be the forerunner for
the future development of electric motor standards for all
type-certificated recreational and general aviation aircraft.

PUBLIC INTEREST ISSUES

Aircraft manufacturers and owners take great pride in the aircraft they
own and operate. It doesn't matter if that aircraft is an ultralight
vehicle, a light-sport aircraft or a certificated aircraft. A
manufacturer's ability to design and sell an aircraft, and an owner's
right to select the best available engine, including alternative energy
aircraft engines, such as electric motors, enhances the entire spectrum
of general aviation safety. It also raises the public acceptance of
general aviation aircraft with reduced noise and exhaust gases).

Electric-powered aircraft don't have the complex mechanical engine
support electronics and software, the hundreds of moving parts, the
engine, the transmission, and the supporting lubricating oils, filters,
coolants, clutches, spark plugs, wires, timing belts, water pumps, and
muffler -- that all require periodic service. This reduces the operating
cost to owners/operators of said aircraft.

Electric-powered aircraft will reduce the dependence on foreign oil. By
not burning gasoline, these aircraft will also reduce the greenhouse
effect said to be caused by aircraft engine emissions, and will in-turn
provide environmental relief by eliminating the hydrocarbon and oxides
of nitrogen gases.

An additional public concern with aircraft is noise. Electric-powered
aircraft motor will produce a smaller noise footprint, thus reducing the
noise issues around airports, aerobatic practice areas, and other major
flyways.

Electric-powered aircraft are experimental and have yet to be approved
by the FAA as authorized motors in type-certificated aircraft. This
petition for exemption acknowledges this and encourages the FAA to
approve this exemption to allow the continued development of electric
aircraft motors to be flown by pilots within the Part 21.190, 21.191 and
Part 103 industry. As stated in the *Reason for Petition and Background*
section of this petition, EAA members have led the way in creating,
developing, testing, and proving innovative aircraft technologies since
1953 -- many of which are now aviation industry standards.

Finding alternatives to burning fossil fuels is imperative to reducing
carbon dioxide, other volatile organic compounds, and several types of
carcinogenic air toxics. For every gallon of gasoline burned, it is
estimated 19.6 pounds of pollution elements are released. Several states
and automobile manufacturers are working toward reducing the overall
release of these elements by using smart technology (hybrid cars,
cleaner burning furnaces, etc.). It is now time for the aviation
industry and the FAA to develop and adopt smart electric-based
technology. This exemption petition asks the FAA to allow for the
development of electric-motor powered ultralight vehicles and
light-sport aircraft as a critical first step in meeting the national
need for safe and reliable zero-emission aircraft.

The global warming information contained in the above paragraphs was
derived from web sites managed by the [**Environmental Protection Agency
(EPA)**](http://www.epa.gov/), the [**Environmental Law and Policy
Center**](http://www.elpc.org/), and the [**U.S. Department of
Energy**](http://www.energy.gov/).

The public also recognizes and endorses the continued development of
battery technology as a primary power source for a wide variety of uses,
including cars, aircraft, lawn equipment, cell phones, etc. Current
Lithium-ion battery technology replaced the older lead-cell batteries as
the battery of choice today. As battery technology continues its rapid
advancement, the public understands that the battery of tomorrow -- the
*[**ultracapacitor**](http://en.wikipedia.org/wiki/Supercapacitor) -* is
already under advanced development and could be placed into public use
soon, making today's lithium-ion technology obsolete. Besides being able
to store 10,000 times the amount of power as today's batteries, the
ultracapacitor has the advantage of being able to be recharged almost
instantly. When development is completed, electric motors powered by
ultracapacitor batteries will become the power source of choice for
light-weight recreational aircraft. The public needs the FAA to modify
their regulations to permit the continued development and use of
electric motors and battery packs in ultralight vehicles and light-sport
aircraft.

DESCRIPTION OF THE EXEMPTION RELIEF SOUGHT

This petition seeks an exemption from the Federal Aviation Regulations
(FAR) to permit the use of alternative aircraft engines, specifically
electric motors, in lieu of the required fossil fuel-powered
reciprocating engines. EAA is requesting an exemption to the following
FAR's:

-   Light-Sport Aircraft:

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-   Part 1, Light-Sport Aircraft definition "(6) a single, reciprocating
    engine, if powered."

    -   The exemption will allow the existing Part 1, Light-Sport
        Aircraft definition to read: "(6) a single, reciprocating engine
        or electric motor, if powered."

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-   Ultralight Vehicles:

    -   Part 103.1(e)(2) "Has a fuel capacity not exceeding 5 U.S.
        gallons."

        -   The exemption will allow the existing Part 103.1(e)(2) to
            read: "Has a fuel capacity not exceeding 5 U.S. gallons or a
            battery pack not exceeding 100 pounds."

If approved, this petition for exemption will permit the continued
development of electric motors and required battery packs as a viable
alternative to fossil fuel-powered reciprocating aircraft engines.

As mentioned above, this exemption is needed immediately for the
continued development of electric motor powered light weight
recreational aircraft. In order to properly address future advancements
within this environmentally friendly flying option, EAA will be
monitoring the continued advancements within this industry and will
submit a request for formal Part 103 rule change when appropriate.

PETITION FOR RULEMAKING

While EAA believes the electric motor industry needs to further develop
battery technology prior to requesting a formal Part 103 rule change,
this is not the case for the Light-Sport Aircraft industry. As such, EAA
is petitioning the FAA to begin formal rulemaking action to change the
Part 1, light-sport aircraft definition from: "(6) a single
reciprocating engine, if powered" -- to: "(6) a single, reciprocating
engine or electric motor, if powered."

Dated: April 24, 2008

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Randy Hansen

Government Relations Director

Experimental Aircraft Association (EAA)

P.O. Box 3086

Oshkosh, WI 54903-3086

Primary points of contact are:

Earl Lawrence, (920) 426-6522, <elawrence@eaa.org>, EAA VP Industry and
Regulatory Affairs

Randy Hansen, (920) 426-6522, <rhansen@eaa.org>