AFS-12-112-E

Exemption No.10650

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

YVES ROSSY, Pilot

JOHN D. PARKER, Owner 

KENNETH SCHERADO JR., Agent Regulatory Docket No. FAA-2011-1360

 

for an exemption from § 91.151(a)(1) 

of Title 14, Code of 

Federal Regulations 

 

PARTIAL GRANT OF EXEMPTION

By letter dated December 2, 2011, and supporting documents dated January 11, 2012, 

and February 1, 2012, Mr. Kenneth Scherado Jr. (petitioner), agent authorized by John D. 

Parker; the owner of N15YR; a JETWING, Serial Number 003, petitioned the Federal 

Aviation Administration (FAA) for an exemption from § 91.151(a)(1) of Title 14, Code of 

Federal Regulations (14 CFR). The proposed exemption, if granted, would allow one pilot, 

Mr. Yves Rossy, to operate N15YR as an experimental category aircraft without meeting the 

fuel requirements for daytime flight under visual flight rules (VFR).

 

The petitioner requests relief from the following regulations:

§ 91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal cruising speed-

(1) During the day, to fly after that for at least 30 minutes [Emphasis supplied.]
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The petitioner supports its request with the following information:

The petitioner states that the designer and manufacturer of the Jetwing, Mr. Yves Rossy, will 

be the sole pilot for all operations of Jetwing N15YR. The petitioner also states that the 

Jetwing N15YR differs from a normal aircraft because the entire device is a small jet pack 

composed of a jet propelled wing attached to the back of the pilot through a special harness. 

The aircraft has four small jet engines that provide thrust. The fuel system is composed of four 

small fuel bladders, two in each side of the wing. Total fuel capacity of the Jetwing NI5YR is 

7.9 gallons. This fuel capacity equates to a total flight time of between 10 and 15 minutes 

depending on power settings.

The Jetwing N15YR is not designed to take off and land from a runway. The pilot performs 

his normal preflight, attaches the Jetwing NI5YR to his back utilizing the harness. He then 

climbs into an aircraft that is utilized for launching skydivers or on the side skid of a 

helicopter. During the climb, at an altitude of approximately 4000 feet above ground level 

(AGL), the four small jet engines are started and stabilized at idle. At an altitude between 

4,500 and 9,000 feet above ground level (AGL) the pilot exits the lifting aircraft or launches 

from the helicopter skid.

The Jetwing Nl5YR is controlled by the pilot by shifting his body weight and utilizing the 

engines for thrust to increase speed for certain maneuvers. The pilot can also pitch up to slow 

down and for level flight. At the end of the flight the pilot enters level flight and sets the 

engines to idle. He then proceeds to shut the engines down and deploys his parachute at an 

altitude of approximately 2,500 feet AGL and lands like a normal parachutist.

The petitioner states that the intent of the Jetwing N15YR operation is for exhibiting its 

specific flight characteristics over a short flight of less than 10 minutes in a very limited flight 

area. The Jetwing N15YR is not designed to travel distances. The Jetwing N15YR is also not 

designed to land, under normal operation, at an airport or have to divert to another location up 

to 30 minutes from his original destination.

The petitioner states that a grant of exemption would benefit the public as a whole. The 

petitioner states that because aviation today is evolving into many new and exciting areas, the 

technologies today will lead to innovating changes in all areas of the aviation community. 

Additionally, the petitioner has stated that there are other individuals developing this same 

type of aircraft and that by granting this exemption it will open the door for future developers 

to utilize the same type of aircraft with no adverse effect on the operation or create an undo 

safety concern for the public. This exemption will allow the Mr. Yves Rossy to perform under 

Jetwing N15YR's exhibition limitations for the entertainment of the general public without 

having to add systems, added weight, and other limitations not intended for this type of 

aircraft design.
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The petitioner states that a grant of exemption would not adversely affect safety. Mr. Yves 

Rossy has over 600 flights in aircraft similar to Jetwing N15YR, a very high level of expertise 

in launching, flying, and landing the Jetwing both in motorized and gliding conditions. Mr. 

Yves Rossy holds both a Swiss and United States (U.S.) pilot and parachute license. An 

acceptable level of safety will occur only with Yves Rossy being the pilot of Jetwing N15YR.

The petitioner believes the original intent of § 91.151(a)(1), was to create a level of safety for 

an aircraft designed for travel over long distances. The idea was to provide the pilot with the 

capability to divert to another airport in the case of any situation that would arise that could 

affect the safe landing of the aircraft at his intended destination. The petitioner continues by 

stating that1) Jetwing N15YR will never travel over long distances;

2) Mr. Yves Rossy will never have a situation where he would need to divert; and

3) Jetwing N15YR does not have the fuel capacity or capabilities to fly for 30 minutes.

If there is an emergency during the flight both Mr. Yves Rossy and the Jetwing N15YR have 

individual parachutes. Mr. Yves Rossy can jettison Jetwing NI5YR, which immediately shuts 

the engines down and deploys the Jetwing's own parachute. The Jetwing then descends by 

parachute to the ground. Mr. Yves Rossy deploys his parachute and lands as a parachutist. The 

petitioner contends the direct level of safety is maintained and even exceeded for both Mr. 

Yves Rossy and the general public through the use of the individual parachutes for landing 

during normal and emergency conditions.

A summary of the petition was published in the Federal Register on March 6, 2012

(77 FR 13384). One comment was received supporting a grant of exemption.

The FAA's analysis is as follows: 

The FAA must balance the need to protect persons and property on the ground with the unique 

characteristics of the Jetwing. It would be inconsistent with the FAA safety mandate to allow 

aircraft with various airworthiness certificates, including experimental, to fly over or adjacent 

to airports, with or without spectator crowds, with no fuel reserve. A fuel reserve can ensure 

safety by precluding several potential causes of fuel exhaustion. The petitioner's assertion that 

the fuel reserve requirement was intended for cross-country flight recognizes only some of the 

possible causes of fuel exhaustion.

It is nearly impossible to determine an exact amount of fuel to be consumed during a 

particular flight considering several variables that are usually present. A fuel quantity 

indicating system, if used, would have to be completely accurate. A fuel dispensing 

measurement system would have to be completely accurate, especially if the aircraft has no 

fuel quantity indicating system, or if the fuel quantity indicating system is not accurate. The 

engine power settings would have to be exact to ensure a precise fuel flow rate for a precise 

time at each setting. Fuel plumbing and tankage systems would have to have absolute 
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integrity, never allowing a leak or increased fuel flow. The pilot would have to make exact 

determinations of density altitude to apply to consumption rates of each engine.

The mentioned potential variables are separate from such variables as wind, delays, and 

straying off course, which apply largely to cross-country flights, but also apply to flights to 

undertake aerobatic maneuvers and others in the traffic pattern.

Most exhibitions may be held in the vicinity of an airport, which would normally allow an 

almost immediate landing in the event of an emergency. Even during exhibitions, an accident 

or other emergency might close the airport in use. Unlike airports used for exhibitions, not 

every airport or area used for proficiency practice can be closed to all other users during 

practice sessions.

The FAA does not believe that it is appropriate to wait for an accident to occur before 

preventative action is taken. It is much more in keeping with our Congressional mandate for 

the FAA to take a proactive role and identify and control potential causes of accidents.

The petitioner has not identified any specific limitations governing Jetwing proximity to an 

airport during exhibitions or for proficiency practice flights. The petitioner has not shown how 

being entirely exempt from fuel reserve requirements for exhibitions and proficiency practice 

provides a level of safety equivalent to that provided by the rule from which relief is sought.

The FAA recognizes that Mr. Yves Rossy is a highly competent and skilled pilot. The FAA 

also recognizes that most aircraft flying exhibitions are structured events held at or near 

airports, and are normally conducted with FAA oversight. These factors lead to a higher level 

of safety than would be expected from random flights conducted with less fuel than required 

by the regulation. Because of these factors, the FAA finds that a partial grant of exemption to 

allow some reduction in the required fuel reserve would provide an equivalent level of safety 

and is therefore warranted.

The FAA will impose a condition that at least a five-minute fuel reserve exists for each flight 

and that the Jetwing remain within parachute range of a safe landing area or airport.

The petitioner has suggested that relief from § 91.151(a)(1) would be in the public interest 

because the Jetwing may lead to advances to innovative aviation technologies. The FAA finds 

that aerobatic displays and exhibitions do elevate awareness of aviation. Improvements in 

aviation technology could, therefore, be expected to foster aviation growth and interest in 

aviation careers. These potential results are considered to be in the public interest.
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The FAA's Decision 

In consideration of the foregoing, I find that a partial grant of exemption is in the 

public interest and will not adversely affect safety. Therefore, pursuant to the authority 

contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the FAA Administrator, Mr. 

Yves Rossy, operating NI5YR, a JETWING, Serial Number: 003 is granted an exemption 

from 14 CFR § 91.151 (a) (l) to the extent necessary to allow him to operate N15YR without 

meeting the minimum fuel requirement for daytime VFR flight, subject to the following 

conditions and limitations:

Conditions and Limitations

1. This exemption applies only to the following aircraft- N15YR, a Jetwing, Serial 

Number 003.

2. The Jetwing must possess a valid Airworthiness Certificate and appropriate operating 

limitations prior to operations under this exemption.

3. This exemption allows Mr. Yves Rossy (the pilot) to operate the Jetwing without the 

30 minute fuel reserve required by § 91.151 (a) (1) for the special purposes of 

proficiency flights and participation in air shows or publicly recognized and 

government/industry sponsored events.

4. The Jetwing must be maintained in accordance with the maintenance program 

specified in its experimental certificate aircraft operating limitations.

5. The Jetwing will only be operated during daytime VFR conditions.

6. Unless an emergency arises, the Mr. Yves Rossy must be at or above and remain at or 

above an altitude that would allow for normal deployment of the parachute (at least 

2,500' AGL) 5 minutes prior to fuel exhaustion, calculated using an estimated fuel 

consumption that would allow for maintaining level flight at 2,500' AGL.

7. This exemption must be present and able to be produced prior to boarding the launch 

aircraft and upon rendezvous with the ground crew after landing. Additionally, this 

exemption must be presented for inspection, when requested, by a representative of the 

FAA Administrator.

8. Operation of this aircraft over densely populated areas, in congested airways, or near 

busy airports where passenger transport operations are conducted is prohibited unless 

in conjunction with a recognized air show and subject to FAA waiver limitations.

9. Carriage of any non-essential crew is not permitted.

10. Except for this exemption, Mr. Yves Rossy must comply with all applicable 

regulations to include, but not limited to, parts 61 and 91.

11. This exemption is only valid for operation inside the U.S airspace system. For those 

operations outside the U.S. Airspace system, the operator is required to gain 

authorization from the State who has control of that airspace. For operations in 
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International Airspace, the operator must adhere to all International Civil Aviation 

Organization standards listed in Annex 6, Part II.

12. No later than 72 hours prior to commencing flight operations of Jetwing N15YR, the 

petitioner or Mr. Yves Rossy must notify the jurisdictional FAA Flight Standards 

District Office (FSDO) where it intends to conduct the flight operations and will 

provide a copy of this exemption to that jurisdictional FAA FSDO.

Failure to comply with any of these conditions and limitations of this partial grant of 

exemption will be grounds for the immediate suspension or revocation of this 

exemption.

This exemption terminates on October 31, 2014, unless sooner superseded or rescinded

Issued in Washington, DC, on October 25, 2012.

/s/

John S. Duncan

Deputy Director, Flight Standards

 Service