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. 4721N 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, for 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 instruction and the development of advanced flying skills/training by 

USHPA-certified instructors.

Comments 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 permitting 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 granted 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 the 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 responses. 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 instructional standards and to 

upgrade certification programs detailing proper two-place instructional techniques. 

USHPA’s Hang Gliding and Paragliding Accident/Incident Review committees evaluate flyingrelated accidents and incidents for the purpose of enhancing the safety of the sport. The 

committees publish accident and incident reports and provide annual summaries 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 

accident 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 the 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 over 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 paragliding 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 fall. 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 

paragliding 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 uncontrolled 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 instructors 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 clavicle. 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 policies 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 flights. 

The USHPA hereby petitions for an extension for Exemption No. 4721N, as amended from 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 advanced flying skills/training by USHPA certified 

instructors. The conditions and reasons stated in the original 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

Attachments: 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, training, 

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 pilot rating 

issued by the USHPA and at least one occupant must possess a current USHPA Tandem

Instructor rating.

4. Prior to 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 pilot 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 issue 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 needed.

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 copy 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, 

2018, unless sooner superseded or rescinded.