AFS

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- 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 lette r 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

T itle 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 relie f from the following regulations :

Section 91.309(a)(2) prescribes, in pertinent part, that n o 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 A dministrator; and

Section 91.309(a)(3) prescribes, in pertinent part, t he 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 th is 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 towlin e to the glider or unpowered ultralight vehicle with a breaking strength not less than 80 percent of the2

maximum certificated operating weight of the glider or unpowered ultralight vehicle and not greater than twice this operating weight;

(ii) A safety li nk 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 exempt ion 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 a ircraft 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, of fered 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 t his 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 releas e 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 Dr agonfly 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) m ust mee t the requirements of ASTM standard F2245

, Annex A1.1 through A1.7

, when the aircraft is equipped for towing

.3

The Bailey Tow & Release System in t his 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 fr om 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 partici pate 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 autho rity contained in 49 U.S.C. §§ 106(f), 40113 and 44701 delegated to me by the Administrator, Pitman Air , LLC is granted an exemption f or the Bailey Tow & Release System from §§ 91.309 (a)(2) and 91.309(a)(3) of Title 14 Code of Federal Regulations to the e xtent 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 l imitations 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 an d 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 p ilot operating handbook (POH) must meet the requiremen ts 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.4

5. A copy of this exemption must either be incorporated into the aircraft pilot operation handbook (POH) or carried on the aircraft while operating un der 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