September 28, 2016

A 501 (C) (3) Corporation

PO Box 1330

Colorado Springs, CO 80901

- 1330

Tel : 800

- 616

- 6888 / 719

- 632

- 8300

Fax: 719

- 632

- 6417

www.ushpa.aero U.S. Department of Transportation Docket Operations, M

- 30 West Building ground floor

Room W12

- 140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

RE: Request for Renewal of Exemption (Docket Number FAA

- 2002

- 13588)

No. 4721 N from Title 14 CFR ( FAR Section)

- 103.1 (a ) & (b)

The United States Hang Gliding and Paragliding Association, Inc., (USHPA) hereby petitions, pursuant to section 11.25 of the Federal Aviation Regulations , fo r an exemption from paragraph (a ) & (b) of FAR 103.1 as amended, so that the definition of “ultralight vehicle” will apply to the use of unpowered vehicles weighing 155 pounds or less to carry two USHPA

- rated occupants for the purpose of flight instruc tion and the development of advanced flying skills/training by

USHPA

- certified instructors.



# Comm ents In Support Of This Request

The USHPA believes that the quality of the education and the safety of hang glider and paraglider pilots are enhanced by permi tting the continuation of “in

- flight” instruction in two

- place hang gliders and paragliders . Two

- place flights have been conducted since the beginning of our sport

and the number of two

- place flights has increased substantially since the exemption was gra nted in

1983. In the past 10 years, more than 300,000 students have been provided flight training by USHPA Certified Tandem Instructors using two

- place flights, 190,000 of them in the last 5 years

alone.

Two

- place instruction is helpful in introducing th e new student pilot to the launching, control, flying characteristics and landing of hang gliders and paragliders. Two

- place instruction is especially helpful in developing proper control techniques, particularly stall recognition and stall

recovery respo nses. It is an effective means for more experienced pilots to share their knowledge with junior pilots who are transitioning to flying in more complex situations. It is also a very effective resource for familiarizing a pilot with a new flying site.

The USHPA is committed to enhancing the safety of two

- place hang gliding and paragliding instruction and operational standards. In the thirty

- three years since the original exemption was granted, the USHPA continues to research and develop two

- place instruct ional standards and to upgrade certification programs detailing proper two

- pla ce instructional techniques.

USHPA’s Hang Gliding and Paragliding Accident/Incident Review committees evaluate flying

related accidents and incidents for the purpose of enhancing the safety of the sport. The committees publish accident and incident reports and provide annual summarie s detailing the causes of hang gliding and paragliding

- related incidents, accidents and fatalities in the

Association’s digital and print publications

.

During the term of the current exemption, No. 4721N, there was one reported hang gliding tandem

acciden t resulting in fatalities to both the instructor and student, and one reported paragliding tandem accident resulting in a fatality of the instructor. During that same term, there was one reported hang gliding tandem accident involving serious injury to th e student and three reported paragliding tandem accidents involving serious injuries to students. The total tandem accidents involving serious injury to students over the last 10 years totals six students. This yields a 0.001% fatality rate and a 0.002% serious injury rate over the last 10 year period.September 28, 2016

A 501 (C) (3) Corporation

PO Box 1330

Colorado Springs, CO 80901

- 1330

Tel : 800

- 616

- 6888 / 719

- 632

- 8300

Fax: 719

- 632

- 6417

www.ushpa.aero The tandem hang gliding fatality occurred during a tow launch of the tandem flight. During the launch, the tow line became entangled with the wheels on the glider and caused the glider to dive into the ground, resulting in fatal injuries to the instructor and student. The instructor was a Master rated pilot with o ver 26 years of flying experience, 23 years as a Certified Tandem Instructor. USHPA's accident review committee performed an extensive investigation and published its results to all of its Certified Tandem Instructors and all USHPA members.

The tandem pa ragliding fatality occurred when the Certified Tandem Instructor, with 17 years of flying experience, 12 years as a Certified Tandem Instructor, launched without fastening the leg straps on his own harness. He slipped out of the harness and had a fatal fa ll. The student, a relative, successfully landed the glider without injury. Following this accident, the USHPA accident review committee reminded all pilots of the importance of pre

- flight and specifically of ensuring a connection with the glider. USHPA has also produced and made available iPad Apps,

Interactive PDFs and videos highlighting pre

- flight safety . See https://www.ushpa.org/page/ushpa

- preflight

- safety

The one tandem hang gliding accident involving serious injuries and one of the tandem

parag liding serious injury accidents involved instructors operating for a single school at a coastal ridge soaring site. In both cases, the instructors were scratching (soaring in close proximity to the cliff), encountered thermal turbulence, and experienced u ncontrolled descent. In both cases the students suffered significant back injuries and the instructors suffered undisclosed injuries. The instructors employed by this flight school are no longer authorized to provide tandem instructional flights as USHPA Certified Tandem Instructors. It is our understanding that the school is, instead, continuing their two place operations under FAA Exemption # 9785, issued to Aero Sports

Connection.

The other two tandem paragliding serious injury accidents involved ins tructors operating for a different single school at an inland mountain site. The first involved a failure to achieve flying speed at launch, resulting in the instructor and student being swung into the ground. The student

sustained a broken femur and cla vicle. The second involved a decision by the instructor to set up the landing low over a line of trees. The feet of the student impacted a tree top, the glider lost flying speed and fell to the ground. The student sustained fractures of spine and ribs. The

instructors employed by this school are no longer certified by USHPA as Tandem Instructors.

USHPA continues to closely monitor two

- place instructional procedures to enhance safety and evaluate rules for the maintenance of a tandem rating. These polic ies are re

- evaluated during each exemption period.

The USHPA has effectively administered FAA exemption from FAR Part 103.1(a ) & (b) , which allows USHPA members to operate two

- place unpowered ultralight vehicles for flight instruction and pilot upgrade recreational flying for over 33 years. The conduct of two

- place flight provides a

realistic environment that has proven to be a safer and more effective approach to hang gliding and paragliding instruction. The two

- place instructional capability provides a “hands

- on” training experience that facilitates a student’s transition to individual flight. It has also proven to be a valuable training asset for disseminating knowledge from experienced pilots to lesser

- experienced pilots during recreational tandem f lights.

The USHPA hereby petitions for an e xtension for Exemption No. 4721N , as amended f rom FAR 103.1(a ) & (b) , and for the continuation of accepted USHPA two

- place ultralight administrative procedures.September 28, 2016

A 501 (C) (3) Corporation

PO Box 1330

Colorado Springs, CO 80901

- 1330

Tel : 800

- 616

- 6888 / 719

- 632

- 8300

Fax: 719

- 632

- 6417

www.ushpa.aero 

# Summary for the Federal Register

The United States Hang Gliding and Paragliding Association (USHPA) petitions for an extension of Exemption No. 4721N , as amended, from FAR 103.1(a ) & (b) , of the Federal Aviation Regulations so that the definition of “ultralight vehicle” will apply to the use of unpowered vehicles weighing 155 pounds or less to carry two USHPA

- rated occupants for the purpose of flight instruction and development of advance d flying skills/training by USHP A certified instructors. The conditions and reasons stated in the orig inal petition upon which the exemption was initially granted remain unchanged.

Respectfully,

Martin Palmaz

Executive Director executivedirector@ushpa. org

cc: Paul Murdoch , President

Jamie Shelden , Vice President Steve Rodrigues , Secretary Mark Forbes, Treasurer Paul Voight, Regional Director, Tandem Committee Chair Greg Kelley, Director

- at

- Large, Safety & Training Committee Chair

A ttachments: Proposed Text of FAA Tandem Exemption # 4721O (draft)September 28, 2016

A 501 (C) (3) Corporation

PO Box 1330

Colorado Springs, CO 80901

- 1330

Tel : 800

- 616

- 6888 / 719

- 632

- 8300

Fax: 719

- 632

- 6417

www.ushpa.aero 

# Proposed Text of FAA Exemption # 4721 O

[This] exemption to § 103.1(a) and (b) of Title 14, Code of Federal Regulations allows USHPA to operate unpowered ultralight vehicles ( e.g. hang gliders and paragliders ) weighing less than 155 pounds, with another occupant, for the purpose of sport, traini ng, or recreation.

Conditions and Limitations

1. Each operation must comply with all sections of Part 103, except § 103.1 (a).

2. For training purposes, this exemption applies only to flights for the purpose of giving

instruction in two

- place unpowered ultralight vehicles from USHPA

- approved launch

sites.

3. Both occupants on all two

- place training flights must possess a current p ilot rating issued by the USHPA and at least one occupant must possess a current USHPA Tandem

I nstructor rating.

4. Prior t o all two

- occupant training flights, the student must be informed that the flight is conducted under an exemption granted by the FAA and that the ultralight vehicle does not meet aircraft certification standards set forth by the FAA.

5. Both occupants on all two

- place flights, other than for training purposes, must possess

a current p ilot rating issued by the USHPA and at least one occupant must possess a

current Tandem Pilot rating issued by the USHPA.

6. For identification purposes, the USHPA shall issu e an individual authorization to each person allowed to conduct operations under this exemption. Each authorization shall include an identification number and a copy of this exemption. The USHPA shall also have a procedure to rescind this authority when ne eded.

7. Each individual who operates an ultralight vehicle under the authority of this exemption must be familiar with the provisions contained herein and must have in his or her personal possession a copy of the authorization issued by the USHPA and a c opy of this exemption. These documents shall be presented for inspection upon request by the

FAA.

[This] extends the termination date of Exemption No. 4721, as amended, to October 31,

201 8 , unless sooner superseded or rescinded.