800 Independence Ave., S.W. Washing ton, DC 20591

February 22, 2016

Prof essor Grant W. Petty Atmospheric and Oceanic Sciences University of Wisconsin

- Madison 1225 W. Dayton St Madison, WI 53706

Dear Prof essor Petty :

This is in response to your letter dated November 24, 2015

, posted to the public docket (No. FAA

- 2015

- 6781) petitioning the Federal Aviation Administration (FAA) to initiate rulemaking to amend § 103.1 of Title 14 Code of Federal Regulations (14 CFR). In your petition, you request an expansion of the definition of an Ultralight Vehicle to include

“use fo r noncommercial scientific research”. You indicate that other entities conduct scientific research with support from the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA) , the Department of Energy, and

other state and federal agencies.

An ultralight vehicle, as you mentioned, allows a “flexible program of low altitude, low speed measurements or observations that only a ultralight vehicle can make possible.” However, other conventional aircraft such as helicopter s, and other specially

- equipped,

FAA

- certificated aircraft are also capable of providing support for such scientific research safely without the need for a n exemption or rulemaking change as requested. The certificated aircraft would be operated by airman certificated per 14 CFR part 61 and meeting a standard of training and testing not required currently per 14 CFR § 103.7(b)

for ultralight vehicle operators . That section states, in pertinent part, that “operators of ultralight vehicles are not required t o meet any aeronautical knowledge, age, or experience requirements to operate those vehicles or to have airman or medical

certificates.”

In accordance with 14 CFR § 11.73 , the FAA must use the following criteria when making a decision as to whether or not to amend current regulations based on a petition for rulemaking:

1) The immediacy of the safety or security concerns you raise;2

2) The priority of other issues the FAA must deal with; and 3) The resources we have available to address these issues

.

Each year, t he FAA prioritizes its rulemaking projects based on issues that are crucial to the safety of the aviation community and the traveling public to ensure the FAA delivers the most value to the aviation system

.

After reviewing your request b ased on the curr ent priorities for the FAA and the guidelines found in § 11.73, we determined the issue you raised does not meet the criteria to pursue rulemaking at this time. However, your comments and arguments for the proposed rule change in your petition will be pla ced in a database, which we will examine when we consider future rulemaking.

If the FAA does pursue rulemaking in this area in the future, you would be able to find

out and track it through one of the two following websites :

 For significant rulemakings , you can find the status on the Department of Transportation’s (DOT) website ( http://www.dot.gov/regulations/report

- on

significant

- rulemakings )

.

 For non

- significant rulema kings, you can find the status on the DOT’s semi

annual regulatory agenda , through the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affair’s (OIRA) Unified Agenda website ( http://www.reginfo.gov/public/do/eAgendaMain ).

For the reasons above, we are dismissing your petition for rulemaking in accordance with 14 CFR § 11.73.

Sincerely,

/s/ John Barbagallo Depu ty Director, Flight Standards Service