PETITION FOR EXEMPTION TO 14 CFR

December 17, 2013

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 info rmation is provided in support of Operation Migration’s petition for an exemption:

This petition for exemption is made by:

Charles R. Barnett, III Barnett & Borth, LLC 800 Waukegan Road, Suite 200 Glenview, IL 60025 Tel. 815-356-8647 Fax 815-356-7042 crb@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

The specific section of 14 CFR from which Oper ation Migration seeks an exemption is 91.319(e) and 61.113(a) (which was granted as Exemption Number 10429A on March 30, 2012) and further requests an exemption from 91.327(a);

§ 91.319 Aircraft having experimental ce rtificates: 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, [ . . .]2 §61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this se ction, 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) [ . . .]

§91.327 Aircraft having a special airworthine ss certificate in the light-sport category: Operating limitations.

(a) No person may operate an airc raft that has a special airworthin ess certificate in the light-sport category for compensation or hire [ . . . ]

The reasons why granting Operation Migration’s request would be in the public interest; that is, how it would benefit the public as a whole are as follows:

In the 1940’s only fifteen Whooping cranes existed in the world. They migrated from northern Canada to Texas where they were threatened by hurricanes, human encroachment, chemical spills or avian diseases. In or der to safeguard the species fr om extinction a second insurance flock was needed. However, Whooping cranes learn to migrate by following the parent generation. Unfortunately, all of the birds that used the eastern flyw ay were extirpated from that area by the late 1800’s so there were no parents to teach them the route.

Beginning in 1993, Operation Migration develo ped the only known method of reintroducing endangered birds in a migratory situation. Th is is accomplished by imprinting the birds on handler/pilots and conditioning them to fo llow a specific ultralight aircraft.

In 1998, the International Whoopi ng Crane Recovery Team aske d Operation Migration to spearhead an attempt to establis h a second flock that migrated from Wisconsin to Florida.

An association of nine Federal, State and private agencies known as the Whooping Crane Eastern Partnership (WCEP), was formed in 1999. Beginning in 2001 a new generation of Whooping cranes was hatched each year at the USGS Patuxent Wildlife Research Center in Maryland. In June they were transferred by private aircraft to Wisconsin where their conditioning continued. In the fa ll, they were led along a presel ected route to Florida that covered 1280 miles and seven states. The birds were monitored over the winter and made the return trip back to Wisconsin on their own. Th ere are now 100 Whooping cranes in the eastern flyway. So far, they have produced three offspri ng that have learned this same route from their parents. These three are the firs t wild hatched, migratory Whooping cr anes in this area since the last nest was reported in 1878.

The image of a modern aircraft leading an ancient species has generated worldwide media attention which provides an unprecedented education opportunity. Through Journey North, this project reaches 1.6 million students each year with online study plans. It has been featured on3 such media outlets as 60 Minutes, 20/20 and Nati onal Geographic and is the subject of at least nine books. Through Operation Migr ation’s live web camera and the social media, we reach hundreds of thousands of followers.

Although Operation Migration receives no funding a ssistance from the U. S. Fish and Wildlife Service, they have completed critical tasks to contribute both to the recovery efforts of the species under the Endangered Species Act as well as supporting the multi-national Migratory Bird Treaty Act.

In summary, there are many be nefits to American people:

 It safeguards a critical ly endangered species.

 It fulfills the mandate of the Intern ational Whooping Crane Recovery Team

 It fulfills the mandate of the Endangered Sp ecies 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 Wisconsi n, Florida and along the migration route

The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at leas t equal to that provided by the rule from which you seek the exemption are as follows:

 Operation Migration pilots are high time pilots that have been flyi ng ultralight vehicles, specifically weight-shift cont rol aircraft, for many years.

 All Operation Migration pilots curren tly hold private pilot certificates.

 Operation Migration pilots complete an exte nsive training program th at is designed to safely and specifically allow the whooping cr ane 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 privat e 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 Operat ion 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 quarte r mile out to help monitor the birds, communicate with ATC using flight following and to check weathe r conditions ahead.

 In order to fly slowly enough for the birds (38 to 40 MPH) Operati on Migration aircraft are very light and therefore able to glide l ong distance and safely land in small areas.

 Operation Migration aircraft are inspected annually.

 Operation Migration aircraft are hangare d and maintained to high standards.

 Engines are opened for inspection befo re reaching 400 hours and replaced or professionally rebuilt before 600 hours.4  In leading birds for thirteen years, Oper ation Migration has ne ver experienced an accident involving an aircraft.

 This exemption is for the limited purpose of Op eration Migration and will not have a far reaching impact on any other certificate ho lders outside of Operation Migration.

A summary we can publish in the Federal Register, should state:

Operation Migration seeks an exemption from 14 CFR § 61.113(a) in order to allow Operation Migration Pilots holding a private pilot certificat e to continue to suppor t and facilitate the migration of an endangered species of Whooping cranes.

Operation Migration seeks an exemption from 14 CFR §91.319(e) in order to conduct its flight operations using Light Sport Aircraft to continue to support and facilitate the migration of an endangered species of Whooping cranes.

Operation Migration also seeks an exempti on from 14 CFR §91.327(a) in order to conduct its flight operations using Special Light Sport Aircraft certifi cated under 14 CFR § 21.190 once it has accepted delivery of said aircraft in order to continue to support and f acilitate the migration of an endangered species of Whooping cranes.

Finally, Operation Migration requests the continua nce of this exemption until such time as the reintroduction of Whooping cranes into the easter n flyway is successfully completed or ended because it is not viable.

The goal is to establish a self-sustaining migratory flock to augment the only surviving natural population that winters on the Texas coast.

Within this partnership, Operation Migration is responsible for care and rearing of a new generation of Whooping cranes chicks each seas on. The birds are imprinted on the handlers/ pilots and conditioned to follow our aircraft on th eir first migration to wintering grounds in the south eastern United States.

The Department of the Interior has authority over all endangered species within the United States. The Whooping Crane Recovery Team, made up of five biologists, is charged with the responsibility of safeguarding Whooping cranes from extinction. To do that, additional populations were needed but until Operation Migration developed a technique for teaching birds to migration, no method of reintroducing th em in a migratory situation existed.

To help fulfill the Recovery Team mandate a colla tion of nine Federal, State and private agencies known collectively as the Whooping Crane Easter n Partnership. (WCEP) was formed in 1998. WCEP is authorized to conduct this work under permits issued by the US Fish and Wildlife Service.

Member agencies of WCEP include:

 The U. S. Fish and Wildlife Service

 The National Fish and Wildlife Foundation

 USGS Patuxent Wildlife Research Center5  Operation Migration

 Wisconsin Department of Natural Resources

 The Wisconsin Natural Resources Foundation

 The International Crane Foundation

 The USGS Wildlife Health Center

 The International Whoopi ng Crane Recovery Team

Each year the results are evaluated and WC EP makes recommendations for approval by the Recovery Team. Although Operation Migratio n is a founding member of WCEP, it does not have autonomy over the methods used to reintr oduce the birds or the duration of project.

The goal of WCEP is to estab lish a self-sustaining migratory population that uses the eastern flyway. The self-sustaining level will be achie ved when the flock reached a minimum number of 125 individuals including approximately 25 breedi ng pairs. There are currently 100 birds in the eastern flock however Whooping cran es are a long-lived species that is slow to breed, and only six wild hatched chicks have been produced so far. Success could be achieved within five or ten years depending on survival rate s and reproduction. The decision to continue for that period or end the study will be made by the Recovery Team.

Because a mechanism already exists that determines the duration of this pr oject and/or the use of the aircraft led method conducted by Operation Mi gration, we requests an extension of the FAA exemption until such time as the project is completed or ended by the Recovery Team.

Operation Migration believes it wi ll be in a position to replace its fleet of Experimental LightSport Aircraft with a fleet of Sp ecial Light-Sport Aircraft prior to the commencement of the field season beginning near the fall of 2014. Replacem ent aircraft will consist of North Wing Apache aircraft manufactured by North Wing aircra ft manufactures in Ch elan, Washington. All replacement aircraft have been completely funded by donations and are currently under development. Operation Migration intends to work with its local F AA office to develop a program to facilitate subsequent successful mi grations of the endangered whooping cranes that would include the use of Special Light-Sport Aircraft certificated under § 21.190 in order to continue operations under subs equent exemption extensions.

Operation Migration request the exemption to 91.319(e) remain in effect until such time as it has accepted delivery of at least three of its Special Light-Sport Aircraft which is anticipated to be prior to November 1, 2014. Further, Operati on Migration request th e exemption to 61.113(a) and 91.327(a) to continue until such time as th e reintroduction of Whooping cranes into the eastern flyway is successfully completed or ende d because it is not viable as determined by the U. S. Department of Fish and Wildlife.

Respectfully Submitted,

Charles R. Barnett, III crb@barnettlegal.com Barnett & Borth, LLC 800 Waukegan Road, Suite 200 Glenview, IL 600256 Tel. 815-356-8647 Fax 815-356-7042

As counsel for Operation Migration, Inc