AFS

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- 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

- 1 360

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, 201 2

, and February 1, 2012, Mr. Kenneth Scherado Jr. (petitioner), agent authorized by John D. Parker; the owner o f 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 VF R 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.]2

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 harnes s. 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 tim e 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 betw een 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 fo r 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 a pproximately 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 fligh t 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 state s 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 th e 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 o ther limitations not intended for this type of aircraft design.3

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 Je twing 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 that

1) Jetwing N15YR will never travel over long distances; 2) Mr. Yves Rossy will never have a sit uation 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 Ros sy can jettison Jetwing NI5YR, which immediately shuts the engines down and deploys the Jetwing's own parachute . T he 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 Fed eral 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 e xperimental, 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 impos sible 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 sys tem 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 absolute4

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 ea ch 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 patte rn.

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 us ed 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 durin g 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 req uired 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 a wareness 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.5

The FAA's Decision

In considera tion 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.

Yv es 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 followin g 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 publi cly 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 VF R 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 estima ted 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

exempt ion 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 p rohibited 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 in6

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. Y ves 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 condition s 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