REQUEST FOR EXTENSION 

EXEMPTION NO. 10984 

FAA-2013-1075 

March 31, 2016 

US Department of Transportation 

Docket Operations 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Pursuant to 14 CFR § 11.81 the following information is provided in support of Operation 

Migration’s Request for Extension to Exemption 10984: 

This Request for Extension is made by: 

Talbot Martin, Esq. 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

Tel. 202-679-6676

Fax 815-356-7042

tmm@barnettlegal.com 

As counsel for 

Operation Migration, Inc, and 

Joe Duff 

C.E.O. Operation Migration, Inc.

639-1623 Military Road

Niagara Falls, NY USA 14304-1745

Tel: 905-982-1096 

joe@operationmigration.org

REGULATIONS AT ISSUE 

The specific section of 14 CFR from which Operation Migration seeks a continued exemption 

are 14 C.F.R. §§ 61.113, 91.319(e), and 91.327(a). 
§61.113 Private pilot privileges and limitations: Pilot in command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft. 

(b) [ . . .] 

§ 91.319 Aircraft having experimental certificates: Operating limitations. 

[ . . .] 

(e) No person may operate an aircraft that is issued an experimental certificate under §21.191(i) 

of this chapter for compensation or hire, [ . . .] 

§91.327 Aircraft having a special airworthiness certificate in the light-sport category: 

Operating limitations. 

(a) No person may operate an aircraft that has a special airworthiness certificate in the light-sport 

category for compensation or hire [ . . . ] 

STATEMENT PUBLIC INTEREST 

The reasons why granting Operation Migration’s request would be in the public interest have not 

materially changed: 

• It safeguards a critically endangered species. 

• It fulfills the mandate of the International Whooping Crane Recovery Team 

• It fulfills the mandate of the Endangered Species Act of the U. S. Fish and Wildlife 

Service. 

• It promotes the conservation and restoration of wetland habitat. 

• It provides an unprecedented education opportunity. 

• It promotes eco-tourism in Wisconsin, Florida and along the migration route. 

STATEMENT OF EQUIVALENT LEVEL OF SAFETY 

The reasons why granting the extension would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to that provided by the rule have not changed: 

• Past operations of Operation Migration flights in support of whooping crane migration 

have a flawless safety record. 

• Operation Migration pilots are high time pilots that have been flying ultralight vehicles, 

specifically weight-shift control aircraft, for many years. 

• All Operation Migration pilots currently hold private pilot certificates. 

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• Operation Migration pilots complete an extensive training program that is designed to 

safely and specifically allow the whooping crane flock to migrate from Wisconsin to 

Florida. 

• To keep the birds wild and away from people, the Operation Migration route was 

specifically designed through airspace that is away from airports and over open rural 

areas. Landing sites are mostly on private property in isolated farm fields. 

• Because the birds learn to soar on the vortices created by the wingtip, Operation 

Migration will fly only in calm, cold air at sunrise. Conditions must be perfect in order 

for the birds to follow the pilots so Operation Migration pilots do not fly in adverse 

conditions or marginal VFR weather. 

• Operation Migration recruits the services of volunteer pilots to fly top-cover. These pilots 

fly circles 1000 feet above and one quarter mile out to help monitor the birds, 

communicate with ATC using flight following and to check weather conditions ahead. 

• In order to fly slowly enough for the birds (38 to 40 MPH) Operation Migration aircraft 

are very light and therefore able to glide long distance and safely land in small areas. 

• Operation Migration aircraft are inspected annually. 

• Operation Migration aircraft are hangared and maintained to high standards. 

• Engines are opened for inspection before reaching 400 hours and replaced or 

professionally rebuilt before 600 hours. 

• In leading birds for sixteen years, Operation Migration has never experienced an accident 

involving an aircraft. 

• This exemption is for the limited purpose of Operation Migration and will not have a far 

reaching impact on any other certificate holders outside of Operation Migration. 

In addition to previously stated reasons, it should be further pointed out that the particular 

aircraft used, two-seat “ultralight” type “trikes” (S-LSA aircraft) provide a unique level of safety 

to the surrounding environment, with an extremely low carbon foot print, noise emission, and a 

flight profile which does not conflict with airborne wildlife such as birds. These aircraft, with 

their low weight, slow speed, low fuel capacity and good glide characteristics reduce the risk of 

damage to the environment in the event of off-field landings or accidents. 

ADDITIONAL INFORMATION/CLARIFICATION 

Operation Migration believes that the language of Exemption No. 10984 is broad enough to 

permit a variety of flights, all of which support Operation Migration in unique ways. This is to 

include proficiency flights for the pilot’s, familiarization flights with the subject cranes, 

migratory flights and flights not migratory in nature but support the conservation mission with 

respect to the cranes. 

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SUMMARY 

A summary that can be published in the Federal Register, should state: 

Operation Migration seeks to extend their exemption for 14 C.F.R. §§ 61.113, 91.319 and 91.327 

in order to continue to support and facilitate the migration of an endangered species of Whooping 

Crane. The same pilots and aircraft would continue to conduct operations under the limits of the 

previously issued exemption. 

Respectfully Submitted, 

Talbot Martin 

tmm@barnettlegal.com 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

Tel. 815-356-8647 

Fax 815-356-7042 

As counsel for 

Operation Migration, Inc 

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