November 1, 2012

Mr. Lee Fischer

6008 Lakeview Road Larsen, WI 54947

Dear Mr. Fischer:

This letter is to inform you that we are unable to process your request for an exemption from § 103.1(e)(1) of Title 14, Code of Federal Regulati ons (14 CFR). It explains why we can not process your request, gives you some important information about how we have handled similar requests, and tells you what you should do in the next 30 days.

Why We Can Not Process Your Request

We entered your October 11, 2012, exemption request for you into the public docket (No. FAA-2012-1112), but we are unable to process your request any further. The information you sent does not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request any further, you must send us all of the following:

 The specific section or sections of 14 CFR from which you seek relief, the extent of the relief you seek, and the reason you seek relief.

 The reasons granting the request would be in the public interest; that is, how it would benefit the public as a whole.

 The reasons the exemption wouldn’t adversely affect safety or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek an exemption.

 Any more information, views, or arguments available to support your request.

 The specific reasons you need to exercise the privileges of your exemption outside the

United States.2

How We Have Handled Similar Requests

It is important for you to know that we have issued denials of exemption in circumstances similar to those presented in your petition. We are enclosing for your review examples of these denials, Exemption Nos. 8678 and 8732. As noted in these denials, the FAA has found that in 1982, it promulgated the ultralight vehicle regulations and provided rules governing their operation. At that time, the FAA defined an ultralight vehicle as one that—

1. Is intended for single occupancy,

2. Is used for sport or recreation,

3. Does not have a U.S. or foreign airworthiness certificate, and

4. If powered, weighs less than 254 pounds em pty weight, excluding floats and safety devices intended for deployment in a potentially catastrophic situation; has a fuel capacity not exceeding 5 U.S. gallons; is not capable of more than 55 knots calibrated air speed; and has a maximum power-off stall speed not exceeding 24 knots.

Vehicles meeting the definition of an ultralight vehicle may be operated under part 103 and are not subject to the aircraft certification requirements of 14 CFR part 21, the maintenance requirements of 14 CFR part 43, the marking re quirements of 14 CFR part 45, the registration requirements of 14 CFR part 47, the airmen cer tification requirements of 14 CFR part 61, the medical requirements of 14 CFR part 67, or the operating rules of 14 CFR part 91. However, any vehicle not meeting all of the elements in the ultralight vehicle definition above may not be operated under part 103 and is subject to all of the aircraft, airmen, equipment, and operating rules. The FAA noted that the ultralight regulations were intended to protect individuals not involved in the sport, incl uding persons and property on the ground, and other users of the airspace.

Because the previous denials of exemption dealt with circumstances similar to those presented in your petition, there is little reason to believe that we would grant your petition for exemption.

What You Should Do

 Before we commit agency resources to process and analyze your exemption request, we suggest that you review the enclosed denials of exemption.

 If, after that review, you still want the agency to process your petition, you must tell us how the facts and circumstances of your par ticular situation are significantly different from the previous denials of exemption.

 Send the information about your particular situation, and the information we requested earlier in this letter that will enable us to process your request, to reach us within 30 days. We will consider the docket on your request open for that period.3

If We Do Not Hear From You

If we do not hear from you within 30 days, we will close the docket without telling you

further.

If you have any questions or need more time, you may call (202) 267-9677.

Sincerely,

/s/ Ida M. Klepper Manager, Airmen and Airspace Rules Division

Enclosures