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.

2• 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.

3SUMMARY 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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