BARNETT LAW OFFICES, P.C . 

CHARLES R . BARNETT, III 

ATTORNEY AT LAW 

815-356-8647 LAKE IN THE HILLS AIRPORT (3CK) Toll Free 800-578-5512 

815-356-7042 fax 8411 PYOTT ROAD, SUITEIIO crb@bamettlegal.com 

LAKE IN THE HILLS, ILLINOIS 60156 - 9704 

March 2, 2012 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-I40 

1200 New Jersey Avenue, SE. : ^ 

Washington, DC 20590 -^ 

Dear Sir or Madam, 

Please find enclosed a Petition for Exemption to 14 C.F.R. If you require any addition^' 

infonnation, please feel free to contact this office. 

Regards, 

Charles R. Barnett, III 

End. 
PETITION FOR EXEMPTION TO 14 CFR 

March 2, 2012 

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 information is provided in support of Operation 

Migration's petition for an exemption: 

This petition for exemption is made by: 

Charles R. Barnett, III 

Barnett Law Offices, PC 

Lake In The Hills Airport (3CK) 

8411 Pyott Road, Suite 109 

Lake In The Hills, Ulinois 60156-9704 

Tel. 815-356-8647 

Fax 815-356-7042 

crb@bamettlegal.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 sections of 14 CFR from which Operation Migration seeks an exemption are 

91.319(e) and 61.315(c) 2 and 3; 

§ 91.319 Aircraft having experimental certificates: 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, except a person may operate an aircraft issued an 

experimental certificate imder §21.191(i)(l) for compensation or hire to— 
And 

§ 61.315 What are the privileges and limits of my sport pilot certificate? 

(a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport aircraft, 

except as specified in paragraph (c) of this section. 

[••• ] 

(c) You may not act as pilot in conmiand of a light-sport aircraft: 

(1) That is carrying a passenger or property for compensation or hire. 

(2) For compensation or hire. 

(3) In fiirtherance of a business. 

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 order to safeguard the species from 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 flyway were extirpated from that 

area by the late 1800's so there were no parents to teach them the route. 

Begirming in 1993» Operation Migration developed the only known method of reintroducing 

endangered birds in a migratory situation. This is accomplished by imprinting the birds on 

handler/pilots and conditioning them to follow a specific ultralight aircraft. 

In 1998, the International Whooping Crane Recovery Team asked Operation Migration to 

spearhead an attempt to establish 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 fail, they were led along a preselected 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. There are now 100 Whooping cranes in the eastern 

flyway. So far, they have produced three offspring that have learned this same route fix)m their 
parents. These three are the first wild hatched, migratory Whooping cranes in this area since the 

last nest was reported in 1878. 

The image of a modem 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 on 

such media outlets as 60 Minutes, 20/20 and National Geographic and is the subject of at least 

nine books. Through Operation Migration's live web camera and the social media, we reach 

hundreds of thousands of followers. 

Although Operation Migration receives no fimding assistance from the US Fish and Wildlife 

Service, ihey 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 benefits to American people: 

• It safeguards a critically endangered species. 

• It fulfills the mandate of the International Whooping Crane Recovery Team 

• It fiilfills the mandate of the Endangered Species Act of the US Fish and Wildlife 

Service. 

• It promotes the conservation and restoration of wetiand habitat. 

• It provides an unprecedented education opportunity. 

• It promotes eco-tourism in Wisconsin, 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 least 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 flying ultralight aircraft, 

specifically weight-shift aircraft^ for many years. Before the FAA instituted the Sport 

Light Category these pilots held other certificates to fly ultralight aircraft. 

• Operation Migration pilots complete an extensive traiiung program that is designed to 

safely and specifically allow the whooping crane flock to migrate from Wisconsin to 

Florida. 

• To keep the birds wild and away from people, the Operation Migration route was 

specifically designed through uncontrolled airspace away from airports and over open 

rural areas. Landing sites are mostly on private 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 Operation Migration pilots do not fly in adverse 

conditions or marginal VFR weather. 

• When we are able, we recruit the services of volxmteer pilots to fly top-cover. These 

conventional aircraft fly cfrcles 1000 feet above and one quarter mile out to help monitor 

the birds, commumcale with ATC using flight following and to check -weather conditioTis 

ahead. 
• In order to fly slowly enough for the birds (38 to 40 MPH) our aircraft are very light and 

therefore able to glide long distance and safely land in small areas. 

• Operation Migration aircraft are inspected annually. 

• Operation Migration aircraft are hangared and maintained to high standards. 

• Engines are opened for inspection before reaching 400 hours and replaced or 

professionally rebuilt before 600 hours. 

• In leading birds for eleven years. Operation Migration has never experienced an accident 

involving one of our aircraft. 

• This exemption is for the limited purpose of Operation Migration and will not have a far 

reaching impact on any other certificate holders outside of Operation Migration. 

• This request is for a temporary exemption in order to allow Operation Migration to 

replace its fleet of Experimental Light-Sport Aircraft with a fleet of Special Light-Sport 

Aircraft which will not require an exemption for Operation Migration's use. 

• Operation Migration anticipates all of its pilots will hold Private Pilot Certificates prior to 

the commencement of the 2012 migration. 

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

Operation Migration seeks an exemption from 14 CFR §§91.319(e) and 61.315(c) 2 and 3 in 

order to conduct its flight operations using Light Sport Aircraft and Light Sport Pilots to 

continue to support and facilitate the migration of an endangered species of Whooping cranes. 

Finally, as additional information, please note that a solution of a permanent nature must be in 

place no later than April 1, 2012 in order to properly plan for the 2012 fall migration. Operation 

Migration anticipates all of its pilots will hold Private Pilot Certificates prior to the 

commencement of the 2012 migration and any flying conducted on behalf of Operation 

Migration pilots will be only incidental to the business of Operation Migration. Operation 

Migration believes it will be in a position to replace its fleet of Experimental Light-Sport Aircraft 

with a fleet of Special Light-Sport Aircraft prior to the commencement of the 2013 fall 

migration. Any consideration given to this request on an expedited manner will extremely 

helpfiil to the success of the current migration. 

Respectftilly Submitted, 

Charles R. Barnett, III 

crb@bamettlegal.com 

Barnett Law Offices, PC 

Lake In The Hills Airport (3CK) 

8411 Pyott Road, Suite 109 

Lake In The Hills, Illinois 60156-9704 

Tel. 815-356-8647 

Fax 815-356-7042 

As counsel for 

Operation Migration, Inc