AFS-08-357-E Dec 07 2010 Exemption No. 4144N Regulatory Docket No. FAA-2002-12590

Mr. Paul Montville

Executive Director United States Hang Gliding and Paragliding Association

P.O. Box 1330 Colorado Springs, CO 80901

Dear Mr. Montville:

This letter is to inform you that we have denied your petition to amend Exemption No. 4144M, as amended. It explains the basi s for our decision and describes its effect.

The Basis for Our Decision

By letter dated March 8, 2010, Mr. Paul Montville, Executive Director, United States Hang Gliding and Paragliding Association (USHPA), P.O. Box 1330, Colorado Springs, Colorado 80901, petitioned the Federal Aviation Administration (FAA) on behalf of USHPS for an exemption from §§ 61.69(a)(1) and 61.315(c)(18) of Title 14, Code of Federal Regulations (14 CFR). The proposed amendment, if granted, would permit unpowered ultralight vehicles to be towed aloft by FAA tow-endorsed licensed sport pilots with light sport aircraft for recreational and/or instructional purposes.

The current regulations require a private pilot certificate for towing gliders or unpowered ultralights. The regulation also specifies expe rience, training, and endorsement requirements. Section 61.69(a)(1) prescribes, in pertinent part, that no person may act as pilot in command for towing a glider or ultralight vehicle unless that person holds a private, commercial or airline transport pilot certificate with a category rating for a powered aircraft. Section61.315(c)(18) states, in pertinent part, that you may not act as pilot in command of a lightsport aircraft while towing any object.

The USHPA has not provided a process for its sport pilots to establish the aeronautical experience and proficiency required for an equivalent level of training for a private pilot certificate. In addition, the private pilot certificate requires an FAA-issued medical2

certificate, which a sport pilot is not required to obtain. The USHPA has shown no equivalent means as it relates to the requirement to hold a medical certificate.

In addition, the USHPA requests that the sport pilot be “FAA tow-endorsed.” However, the FAA currently has no provisions for providing the endorsement. Section 61.69(a)(3) states, in pertinent part, that the logbook endorsement is given from an authorized instructor.

In consideration of the foregoing, I find that a grant of amendment would not be in the public interest and that an equivalent level of safety has not been provided. In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

A summary of the petition was published in the Federal Register on July 17, 2008 (73 FR 41164). No comments were received.

Our Decision

The FAA has considered fully the petitioner's supporting information. The FAA has determined that the justification for the issuance of Exemption No. 4144M, as amended, remains valid with respect to the original exemption and is still in the public interest.

However, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, it has been determined that the circumstances presented by the petitioner do not justify a grant of amendment to USHPA and, therefore, is denied an amendment from §§ 61.69 (a)(1) and 61.315(c)(18).

The Effect of Our Decision

Our decision maintains the termination date of Exemption No. 4144M, as amended, to June 30, 2012 unless sooner superseded or rescinded. All conditions and limitations of Exemption No. 4144, as amended, remain the same. This letter must be attached to, and is a part of, Exemption No. 4144.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service