April 30, 2013

Mr. David L. Potts

131 Llanfair Lane NW

New Philadelphia, OH 44663

Dear Mr. Potts:

This letter is in response to your September 18 and November 29, 2012 submissions to the 

public docket (No. FAA-2012-1024) in which you petition the Federal Aviation 

Administration (FAA) for exemption from § 21.191(i)(1) of Title 14, Code of Federal 

Regulations (14 CFR). The relief you seek would enable you to obtain an experimental 

certificate for the purpose of operating a light-sport aircraft for your Buckeye Dream Machine 

powered parachute even though your aircraft has previously been issued a U.S. airworthiness 

certificate and the January 31, 2008 cutoff date for the issuance of these experimental 

certificates has passed. 

We are unable to process your request because the additional information you submitted does 

not address the requirements of 14 CFR § 11.81(d) and (e). Specifically, you have not 

addressed the reasons why granting your request would be in the public interest; that is how it 

would benefit the public as a whole and why the exemption would not adversely affect safety 

or how the exemption would provide a level of safety at least equal to that provided by the 

rule from which you seek an exemption.

Section 21.191(i) specifies the eligibility requirements for issuing an airworthiness certificate 

in the experimental category for the purpose of operating a light-sport aircraft. Granting your

request would be contrary to the specified intent of that section as set forth in the final rule, 

Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft (69 FR 44772; 

July 27, 2004 and 69 FR 53335; September 1, 2004). This section was promulgated to 

provide a means for persons operating ultralight-like aircraft that did not meet the provisions 

of 14 CFR § 103.1 to obtain airworthiness certification for previously non-certificated 

aircraft. Section 21.191(i)(1) specifically allowed experimental certificates to be issued for 

existing aircraft that exceeded the weight, occupant, or performance limitations of § 103.1 

provided the aircraft had not previously been issued a U.S. or foreign airworthiness certificate 

and the certificate was issued on or before January 31, 2008. The date was established to 

provide applicants with sufficient time to register their aircraft and take those actions 

necessary to obtain an initial experimental certificate.
2

The FAA notes that an ultralight-like aircraft that has not been issued an experimental 

certificate under § 21.191(i)(1) may still be issued an experimental certificate for other 

purposes under other paragraphs of § 21.191 (e.g., exhibition ) provided the applicable 

provisions of those paragraphs are met. A person operating an aircraft issued such a 

certificate would also be required to comply with any operating limitations issued with that 

certificate.

You have not provided a compelling safety argument nor adequately explained how an 

exemption would be in the public interest. Therefore, we will take no further action on your 

petition.

Sincerely,

/s/

Frank P. Paskiewicz

Deputy Director, Aircraft Certification

 Service