AFS-13-411-E

Exemption No. 11104

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

PITMAN AIR, LLC Regulatory Docket No. FAA 2013-0508 

for an exemption from §§ 91.309(a)(2)

and 91.309(a)(3) 

of Title 14, Code of 

Federal Regulations 

GRANT OF EXEMPTION

By letter dated June 7, 2013, Mr. Edgar D. Pitman, Member, Pitman Air LLC, 1840 Airport 

Blvd, Red Bluff, CA 96080 petitioned the Federal Aviation Administration (FAA) on behalf 

of Pitman Air, LLC (Pitman) for an exemption from §§ 91.309(a)(2) and 91.309(a)(3) of 

Title 14 Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would 

allow Pitman to utilize the Bailey Tow & Release System on the Dragonfly Light Sport 

Aircraft. 

The petitioner requests relief from the following regulations:

Section 91.309(a)(2) prescribes, in pertinent part, that no person may operate a civil aircraft 

towing a glider or unpowered ultralight vehicle unless— The towing aircraft is equipped with 

a tow-hitch of a kind, and installed in a manner, that is approved by the Administrator; and 

Section 91.309(a)(3) prescribes, in pertinent part, the towline used has breaking strength not 

less than 80 percent of the maximum certificated operating weight of the glider or unpowered 

ultralight vehicle and not more than twice this operating weight. However, the towline used 

may have a breaking strength more than twice the maximum certificated operating weight of 

the glider or unpowered ultralight vehicle if—

(i) A safety link is installed at the point of attachment of the towline to the glider or 

unpowered ultralight vehicle with a breaking strength not less than 80 percent of the 
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maximum certificated operating weight of the glider or unpowered ultralight vehicle and not 

greater than twice this operating weight;

(ii) A safety link is installed at the point of attachment of the towline to the towing 

aircraft with a breaking strength greater, but not more than 25 percent greater, than that of the 

safety link at the towed glider or unpowered ultralight vehicle end of the towline and not 

greater than twice the maximum certificated operating weight of the glider or unpowered 

ultralight vehicle; 

The petitioner supports its request with the following information:

The petitioner states that, an exemption from §§ 91.309(a)(2), 91.309(a)(3) would allow the 

towing aircraft to perform tow functions with a Bailey Tow and Release System, without 

meeting the requirement of being equipped with a tow-hitch of a kind, and installed in a 

manner, that is “approved by the Administrator”. This exemption specifically applies to the 

Pitman Air, Dragonfly Aircraft certificated as Special Light Sport Aircraft (SLSA) and 

Dragonfly Aircraft certificated as Experimental Light Sport Aircraft (ELSA). The petitioner 

also states the SLSA and the ELSA Dragonfly aircraft are built and maintained in accordance 

with Pitman Air Dragonfly Maintenance and Inspection procedures. 

The petitioner is requesting this exemption include owners of ELSA Dragonfly aircraft. The 

owners would be offered inclusion in this exemption, provided they agree to maintain their 

aircraft and the Bailey Tow and Release System in accordance with SLSA Dragonfly 

requirements. They must also agree to participate in the Continued Operational Safety 

Monitoring System for the Dragonfly SLSA, offered by Pitman. Pitman will require the 

included ELSA Dragonfly owners to pay a fee for this administrative and monitoring process. 

A summary of the petition was published in the Federal Register on September 2, 2014 

(79 FR 52104 ). No comments were received.

The FAA's analysis is as follows:

The FAA finds that this exemption only applies to §§ 91.309(a)(2) and 91.309(a)(3) relief 

being sought, it does not apply to the non-regulatory request submitted by the petitioner.

The FAA finds that the tow and release assembly on Light Sport Aircraft (LSA) must be 

approved by the Administrator as specified by §§ 91.327(a)(1) and 91.319(e)(1) as applicable.

However, LSA are built to a FAA accepted standard owned by the American Society for 

Testing and Materials (ASTM), therefore the Dragonfly LSA certificated under §§ 21.190 or

21.191(i)(1) as applicable, are termed as FAA accepted and not FAA approved. The tow 

system must be manufactured and approved by the aircraft manufacturer in accordance with 

ASTM standard F2245, Annex A1.

The information in the Dragonfly LSA maintenance manual and pilot operating handbook 

(POH) must meet the requirements of ASTM standard F2245, Annex A1.1 through A1.7, 

when the aircraft is equipped for towing. 
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The Bailey Tow & Release System in this case may be accepted by the FAA if built to the 

applicable ASTM standards and is approved for installation by the LSA manufacturer. A grant 

of exemption from §§ 91.309(a)(2), (a)(3)(i) and (ii) would provide relief to the owners of the 

Dragonfly LSA from the regulatory requirement of having the tow and release assembly 

approved by the Administrator as required by§§ 91.327(a)(1) and 91.319(e)(1).

The FAA will not mandate owners and operators who opt to utilize the Bailey Tow and 

Release System to participate in the Continued Operational Safety Monitoring System for the 

Dragonfly SLSA and ELSA offered by Pitman Air, LLC. Also, we will not require the owners 

and operators of the Dragonfly SLSA and ELSA to pay a fee for administrative and 

monitoring services. These requests by Pitman Air, LLC are non-regulatory and will not be 

addressed by this exemption request.

The FAA’s Decision

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. §§ 106(f), 40113 and 44701

delegated to me by the Administrator, Pitman Air, LLC is granted an exemption for the Bailey 

Tow & Release System from §§ 91.309 (a)(2) and 91.309(a)(3) of Title 14 Code of Federal 

Regulations to the extent necessary for owners of the Dragonfly SLSA and ELSA aircraft 

certificated under §§ 21.190 and 21.191(i)(l), manufactured by Pitman Air LLC, equipped 

with the Bailey Tow & Release System to tow aircraft and be in compliance with the issued 

operation limitations under §§ 91.327(a)(1) and 91.319(e)(1) as applicable. Operators of the 

Dragonfly aircraft that opt to utilize the Bailey Tow and Release System on their Dragonfly 

aircraft must follow the Conditions and Limitations of this exemption, subject to the 

conditions and limitations listed below.

Conditions and Limitations

1. The owner/operator will utilize the Bailey Tow and Release System only on the 

Pitman Air Dragonfly Light Sport Aircraft certificated under §§ 21.190 and 

21.191(i)(1) of Title 14 Code of Federal Regulations.

2. The owner/operator will maintain and operate the tow hook assembly utilizing the 

Operation, Maintenance & Inspection Instructions for the Bailey Tow and Release 

System.

3. The information in the Dragonfly LSA maintenance manual and pilot operating 

handbook (POH) must meet the requirements of ASTM standard F2245 Annex A1.1 

through A1.7, when the aircraft is equipped for towing

4. For tow operations, the Light Sport Aircraft operator must meet the 100 hour 

inspection requirements of §§ 91.319(g)(1) or (g)(2), or 91.327 (c)(1) or (c)(2), of Title 

14 Code of Federal Regulations as certificated.
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5. A copy of this exemption must either be incorporated into the aircraft pilot operation

handbook (POH) or carried on the aircraft while operating under this exemption.

This exemption terminates on November 30, 2016 unless sooner superseded or rescinded.

Issued in Washington, DC, on November 18, 2014.

/s/

Michael J. Zenkovich

Deputy Director, Flight Standards Service