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USHR A 

(JNTTGCI flTATCf HANC QUOM G 

K PWlABLraNn ftOAPCrATION 

UNITED STATES HANG GLIDING & 

PARAGLIDING ASSOQATION, Inc. 

Federal Awiallon Administration rJ- ::-— v" '' ^;;;^ f ^ ^rTM " 

ATTN: Rules Docket AGC-10 •- '- '- - '-•^* ^W ^ | f i ^ l^_^ 

Office of the Chief Counsel 

800 Independence Avenue, SW ''.R - 9 209 

Washington, DC 20591 . .,,„.. „ ,_ 

*^-ARJMG OOCKET 

March 8, 2010 ' 

RE: (a) Part A: Request for Extension of Exemption No. 4144L, revised as 4144M 

(b) Part B: Petition for Exemption, per Regulatory Docket No. FAA-2002-12590 11; 

•—> 

Office of the Chief Counsel: 

Part A: 

The United States Hang Gliding and Paragliding Association (USHPA) hereby petitions for renewal of 

Exemption number 4144L, to be revised as4144i\/l, to continue to allow unpowered ultralight vehicles to 

be towed aloft by USHPA tow-endorsed ultralight pilots with powered ultralights for recreational and/or 

instructional purposes only. Note that 4144L Incorporated a revision of wording from 4144K, for clarified 

understanding of limitations and requirements delineated in the exemption and to reflect our 

organization's name change from the United States Hang Gliding Association (USHGA) to the United 

States Hang Gliding and Paragliding Association (USHPA). That revised wording should be maintained in 

4144M (see attached draft of 4144M). 

Comments in Support of the Request 

Exemption number 4144 was originally granted in 1984, Renewal has been continuously approved since 

that time, most recently in 2008. Aerotowing is a vital component of our sport, and is the primary or only 

launch method available to hang glider pilots in many parts of the country with flat terrain. Each year, 

approximately 300,000 aerotow flights are performed by USHPA tow-endorsed powered ultraliglnt pilots 

operating under this exemption, 

As part of the exemption renewal process, the USHPA has kept the FAA informed and updated on the 

safety record of hang glider aerotowing operations. Our exemption renewal request letter for 4144K, 

dated April 27, 2006, reported details of seven incidents related to the aerotowing of hang gliders, 

spanning the years from 1985 to 2006. One addition incident has occurred since that time, on August 31, 

2009. An analysis of this accident was reported in the March 2010 issue of Hang Gliding/Paragliding 

Magazine, which surmised that the elderly novice pilot may have been distracted by a perceived problem 

with his equipment during the critical period of takeoff. As such, the cause was not likely specifically 

related to aerotowing, but rather to novice pilot error, exacerbated by possible degredation of reaction 

time and cognitive ability due to age. The overall reliability and safely of the aerotow method for launching 

of hang gliders is well-proven, as shown by our overall record, and has increased substantially since its 

inception nearly 40 years ago, USHPA's operating guidelines governing this practice represent a 

complete program for aerotowing safety. The association's efforts to continuously improve its aercitow 

operation standards, disseminate this information, and assure and monitor its adoption are 

comprehensive and designed to increase the safety and viability of the sport. Based on this safety record, 

the needs of our membership, and the effective structure of our existing USHPA aerotow safety pnagram, 

we request the renewal of 4144 to continue to allow towing of unpowered ultralights by powered 

ultralights for recreational and/or instructional purposes only. 

Mailing: P.O. Box 133D The United Stacee Hens Gfiding & Paragliding AeeaclBtlDn Physical: 1695 VV, Uintah St, 

CnlDrada Springs. GO 80901-1330 (a 501 (c)[31 corporacion) Coloredo Springs. CO BQBCM 

719.532.8300 • 800.616.6838 

fax; 719,632,6417 

uvusiw.u BhpB.eera 
03/15/2010 12:48 2022675075 OFFICE OF RULEMAKING PAGE 02 

PartB: 

The USHPA and its membership are pleased with the sections of the new Sport Pilot regulations and 

updated towing regulations that specifically allow aerotowing of unpowered ultralights by FAA towendorsed licensed Private Pilots flying light sport aircraft, as commercial operations. This change from the 

non-commercial nature of exemption 4144 opens up opportunity for growth of our sport via high volume 

operators with increased opportunities for the public to try our sport. Although we hope that the situation 

will eventually change, there are currently very few high volume commercial hang glider aerotowing 

operators in our country. The vast majority of hang glider aerotow operations located across the country 

are non-commercial in nature, provided by individuals and/or clubs, for recreational and/or instructional 

purposes only, consistent with the long-standing requirements of exemption 4144. 

Since the enactment of the new Sport Pilot and towing regulations, which allow for commercial hang 

glider towing operations with much higher-level pilot requirements than specified under exemption 4144, 

the USHPA has received numerous reports of the closure of many of our smaller non-commercial 

individual and club aen^towing operations. The closure of these grass-roots operations affect a significant 

portion of our membership, and are the life-blood of much of hang gliding across the country. Their loss is 

becoming a crisis situation for the USHPA, which we must believe was not the intent of the FAA with the 

enactment of Sport Pilot regulations. Fundamentally, the problem is that the Private Pilot license, as now 

required for all types of hang glider aerotowing, including commercial operations, is much too high a 

standard for non-commercial hang glider towing operations. It is simply not economically or practically 

justifiable to require ultralight or LSA tug pilots towing hang gliders for small non-commercial individual 

and club operations to hold a Private Pilot license. Unfortunately, it seems that the logic followed in the 

creation of the Sport Pilot regulations, which does not require a Certified Sport Pilot Instructor to hold a 

Private Pilot license, was not extended to towing. None of the operational privileges or areas of 

aeronautical knowledge and flight proficiency required for the Private Pilot license that go beyond the 

level of the Sport Pilot license are needed, nor would be used, by sport pilots for non-commercial towing 

of hang gliders. For example, hang glider tow pilots usually tow to 2500 feet agl within 1 mile of their 

launch site and rarely fly above 5000 feet agl or beyond 5 miles of their launch site, or have need for radio 

communications with ATC, and they typically tow at airspeeds between 25 to 35 mph because of the tow 

speed limitations of hang gliders. Towing at these very low airspeeds requires use of powered ultralight 

tow vehicles or very light LSAs carrying very light fuel loads, which restricts range and time aloft. As 

demonstrated by USHPA tow-endorsed ultralight tow pilots for nearly 25 years, who have performed 

millions of safe aerotows under exemption 4144, private pilot skills and privileges are simply not needed 

for towing of hang gliders for recreational and/or instructional purposes. 

Based on this safety record, the needs of our membership, and the effective structure of our existing 

USHPA aerotow safety program, we petitioned for an exemption to amend 4144 in 2008 to allow 

unpowered ultralight vehicles to be towed aloft by FAA tow-endorsed licensed sport pilots with light sport 

aircraft for recreational and/or instructional purposes only. While we agree that holding a Private Pilot's 

license is a reasonable standarel for commercial towing of hang gliders under the new Sport Pilot 

regulations, it is not justifiable or realistic for non-commercial towing operations with light sport aircraft, 

and has resulted in numerous closures of small individual and club non-commercial operations. 

Exacerbating this problem is the very low number of weight-shift private pilot examiners currently 

available In this country, which is preventing or delaying certification of tug pilots who seek Private Pilot 

certification. As such, in 2008 we requested an amendment to exemption 4144 to allow unpowered 

ultralight vehicles to be towed aloft by FAA tow-endorsed licensed sport pilots with light sport aircraft for 

recreational and/or instructional purposes only. 

Our request was posted in the Federal Register as Regulatory Docket No. FAA-2002-12590, as follows: 

Issued in Washington, DC, on July 11, 2008, 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 
03/15/2010 12:48 2022B75075 OFFICE OF RULEMAKING PAGE 03 

Petition for Exemption 

Docket No.: F/VA-2002-12590, 

Petitioner: United States Hang Gliding and Paragliding Association. 

Description of Relief Sought: To amend United States Hang Gliding and Paragliding Association 

(USHPA) cun-ent Exemption No. 4144, which allows USHPA members to tow unpowered 

ultralight vehicles (hang gliders) using powered ultralight vehicles. The requested amendment 

would allow USHPA members who are licensed sport pilots, with light sport aircraft, to tow aloft 

unpowered ultralight vehicles (hang gliders) for recreational and/or instructional purposes, as 

well. 

Because our petition is still in-process within the FAA, we have not added the wording for the amendment 

to our request for revision of 4144L to 4144M. However, should our petition be approved in the near 

future, we have attached a draft of the amended wording for 4144 to this letter (see attached draft of 

4144M-Ammended.) 

Summary for the Federal Record 

The United States Hang Gliding and Paragliding Association (USHPA) requests an extension and 

revision of Exemption 4144L, to continue to allow unpowered ultralight vehicles to be towed aloft by 

USHPA tow-endorsed ultralight pilots with powered ultralights for recreational and/or instructional 

purposes only. The USHPA has a related petition in-process (see Regulatory Docket No. FAA-2002-

12590) to amend 4144 and to allow unpowered ultralight vehicles to be towed aloft by FAA tow-endorsed 

licensed sport pilots with light sport ain;raft for recreational and/or instnjctional purposes only. 

Respectfully submitted. 

Paul Montville 

Executive Director 

United States Hang Gliding and Paragliding Association, Inc. 

Phone: 719-632-8300 

Fax:719-632-6417 

Email: paul.montville@ushpa.aero<mailto:paul.montville@ushpa.aero> 

cc: Lisa Tate, President 

Riss Estes, Vice President 

Rich Hass, Secretary 

Mark Forbes, Treasurer 

David Broyles, Regional Director, Chair for the Safety and Training committee 

L. Felipe Amunategui, Regional Director, Chair for the Towing committee 

attachments: FAA Towing Exemption 4144M (draft) 

FAA Towing Exemption 4144M-Ammended (draft) 
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FAA TOWING EXEMPTION No. 4144M (draft) 

Pursuant to the authority contained in Sections 313(a) and 601(c) of the Federal Aviation Act of 1958, 

delegated to me by the Administrator (14 CFR 11.53), the individuals authorized by the USHPA are 

granted an exemption for the FAR's to the extent necessary to allow unpowered ultralight vehicles to be 

towed aloft by USHPA tow-endorsed ultralight pilots with powered ultralights for recreational and/or 

instructional purposes only, and to allow unpowered ultralight vehicles to be towed aloft by FAA towendorsed licensed sport pilots with light sport aircraft for recreational and/or instructional purposes only. 

This exemption terminates on June 30th, 2012, unless sooner superseded or rescinded. 

(name) 

Director, Flight Standards Ser\/ice 

Issued in Washington, DC. on October 25, 1984 and renewed on (date) 

The exemption is subject to the following limitations regarding unpowered ultralight vehicles to be towed 

aloft by USHPA tow-endorsed ultralight pilots with powered ultralights for recreational and/or instructional 

purposes only: 

1. Each operation must comply with all sections of 14 CFR Part 103 except 103.1(b). 

2. No charge, assessment or fee may be made for the operation of the towing ultralight except the actual 

expenses of the specific flight. 

3. Both pilots on both ultralights must possess a current pilot rating issued by the USHPA, 

4. 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 have a procedure to rescind this authority when needed, 

5. 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. 

6. Operations conducted under this exemption shall be in accordance with the safety and certification 

rules and guidelines, as amended, established by the USHPA, including those specified in paragraphs 1 

through 12 in the petitioners supportive information, as follows: 

The following requirements must be adhered to: 

1. Both vehicles (powered and unpowered ultralight) must meet the vehicle standards of Part 103. 

2. Both vehicles must meet the requirements of the USHPA Towing standards, 

3. While towing, both vehicles may be used for recreational and/or instructional purposes only. 

4. The pilot of the powered ultralight vehicle must possess and have in his possession a current aerotow 

pilot rating issued by the USHPA. 

5. The pilot of the unpowered ultralight vehicle must possess and have in his possession a current pilot 

rating issued by the USHPA, with aerotow special skill endorsement. This rating shall be at least a 

USHPA Intermediate (level 3) for a recreational pilot and a USHPA Novice (level 2) for a student pilot 

under the supervision of a USHPA certified instnjctor. 

6. The towed unpowered ultralight (hang glider) may be used for two place instructional purposes if the 

instructor possesses a current USHPA instructor rating and is operating under the conditions of the twoplace exemption. 

7. Prior to a student's first flight in a towed unpowered ultralight, the pilot of the powered ultralight and the 

instructor must inform the student that instruction under tow is conducted under an exemption granted to 

the USHPA by the FAA. 

8. The instructor must keep written record of all operations conducted under this exemption. The record 

shall Include the student's name, the date and the location of the instruction. The record must be 

maintained for 12 calendar months. The instructors shall present this record for inspection upon 

reasonable request by the USHPA or the FAA. 

9. The instructor shall notify the USHPA within 30 days of any accident occurring while operating under 

this exemption. This information shall be made available upon reasonable request by the FAA. 

10. The stnjctural integrity of the tow hitch and tow line must be substantiated in accordance to USHPA 
03/15/2010 12:48 2022675075 OFFICE OF RULEMAKING PAGE 05 

standards and recorded in the tow launch vehicle records by the owner. 

11. To qualify for ultralight towing operations under this exemption, the operational capabilities of the 

powered ultralight to satisfactorily tow and release an unpowered ultralight must t>e initially demonstrated 

in an assigned test area under actual operational conditions to a USHPA observer and be duly recorted 

in the tow vehicle records. 

12, Both towed and towing pilots must obey operational procedures set forth in the USHPA Towing 

standards. 
03/15/2010 12:48 2022675075 OFFICE OF RULEMAKING PAGE 05 

FAA TOWING EXEMPTION No. 4144M-Ammended (draft) 

Pursuant to the authority contained in Sections 313(a) and 601(c) of the Federal Aviation Act of 1958, 

delegated to me by the Administrator (14 CFR 11.53), the individuals authorized by the USHPA are 

granted an exemption for the FAR's to the extent necessary to allow unpowered ultralight vehicles to be 

towed aloft by USHPA tow-endorsed ultralight pilots with powered ultralights for recreational and/or 

instructional purposes only, and to allow unpowered ultralight vehicles to be towed aloft by FAA towendorsed licensed sport pilots with light sport aircraft for recreational and/or instructional purposes only. 

This exemption terminates on June 30th, 2012, unless sooner superseded or rescinded. 

(name) 

Director, Flight Standards Sen/ice 

Issued in Washington, D.C. on October 25, 1984 and renewed on (date) 

A. The exemption is subject to the following limitations regarding unpowered ultralight vehicles to be 

towed aloft by USHPA tow-endorsed ulti-alight pilots with powered ultralights for recreational and/or 

instructional purposes only: 

1. Each operation must comply with all sections of 14 CFR Part 103 except 103,1(b). 

2. No charge, assessment or fee may be made for the operation of the towing ultralight except the actual 

expenses of the specific flight, 

3. Both pilots on both ultralights must possess a current pilot rating issued by the USHPA. 

4. 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 have a procedure to rescind this authority when needed. 

5. 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. 

6. Operations conducted under this exemption shall be in accordance with the safety and certification 

rules and guidelines, as amended, established by the USHPA, including those specified in paragraphs 1 

through 12 in the petitioners supportive information, as follows: 

The following requirements must be adhered to: 

1. Both vehicles (powered and unpowered ultralight) must meet the vehicle standards of Part 103. 

2. Both vehicles must meet the requirements of the USHPA Towing standards. 

3. While towing, both vehicles may be used for recreational and/or instructional purposes only. 

4. The pilot of the powered ultralight vehicle must possess and have in his possession a current aerotow 

pilot rating issued by the USHPA. 

5. The pilot of the unpowered ultralight vehicle must possess and have in his possession a current pilot 

rating issued by the USHPA, with aerotow special skill endorsement. This rating shall be at least a 

USHPA Intermediate (level 3) for a recreational pilot and a USHPA Novice (level 2) for a student pilot 

under the supervision of a USHPA certified instructor. 

6. The towed unpowered ultralight (hang glider) may be used for two place instructional purposes if the 

instructor possesses a current USHPA instructor rating and is operating under the conditions of the twoplace exemption, 

7. Prior to a student's first flight in a towed unpowered ultralight, the pilot of the powered ultralight and the 

instructor must inform the student that instruction under tow is conducted under an exemption granted to 

the USHPA by the FAA. 

8. The instructor must keep written record of all operations conducted under this exemption. The record 

shall include the student's name, the date and the location of the instruction. The record must be 

maintained for 12 calendar months. The instructors shall present this record for inspection upon 

reasonable request by the USHPA or the FAA, 

9. The instructor shall notify the USHPA within 30 days of any accident occurring while operating under 

this exemption. This information shall be made available upon reasonable request by the FAA. 
03/15/2010 12:48 2022675075 OFFICE OF RULEMAKING PAGE 07 

10. The structural integrity of the tow hitch and tow line must be substantiated in accordance to USHPA 

standards and recorded in the tow launch vehicle records by the owner. 

11. To qualify for ultralight towing operations under this exemption, the operational capabilities of the 

powered ultralight to satisfactorily tow and release an unpowered ultralight must be initially demonstrated 

in an assigned test area under actual operational conditions to a USHPA observer and be duly recorded 

in the tow vehicle records. 

12. Both towed and towing pilots must obey operational procedures set forth in the USHPA Towing 

standards, 

B. The exemption is subject to the following limitations regarding unpowered ultralight vehicles to be 

towed aloft by FAA tow-endorsed licensed sport pilots with light sport aircraft for recreational and/or 

instructional purposes only. 

1. Each operation must comply witii all applicable sections of the FARs except 14 CFR 61.69(a)(1) and 

61.315(c)(18). 

2. No charge, assessment or fee may be made for the operation of the towing light sport aircraft except 

the actual expenses of the specific flight. 

3. Pilots on both the towing light sport aircraft and towed unpowered ultralight must possess a current 

pilot rating issued by the USHPA. 

4. 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 have a procedure to rescind this authority when needed. 

6, Each individual who operates either a light sport towing aircraft or a towed unpowered ultralight vehicle 

under the authority of this exemption must be familiar with tiie 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. 

6. Operations conducted under this exemption shall be in accordance with the safety and certification 

rules and guidelines, as amended, established by the USHPA. including those specified in paragraphs 1 

through 9 in the petitioners supportive infonnation, as follows: 

The following requirements must be adhered to: 

1. The towing aircraft must meet Light Sport Aircraft FAA ainworthiness certification standards, and the 

towed unpowered ultralight must meet the vehicle standards of Part 103. 

2. While towing, both vehicles may be used for recreational and/or instmctional purposes only. 

3. The pilot of the towing light sport aircraft must possess and have in his possession a cun-ent aerotow 

pilot rating issued by the USHPA, as well as the FAA Tow Endorsement per 14 CFR 61.69. 

4 The pilot of the unpowered ultralight vehicle must possess and have in his possession a current pilot 

rating issued by the USHPA, with aerotow special skill endorsement. This rating shall be at least a 

USHPA Intermediate (level 3) for a recreational pilot and a USHPA Novice (level 2) for a student pilot 

under the supervision of a USHPA certified instructor, 

5. The towed unpowered ultralight (hang glider) may be used for two place instructional purposes if the 

instructor possesses a current USHPA instructor rating and is operating under the conditions of the twoplace exemption. 

6. Prior to a student's first flight in a towed unpowered ultralight, the pilot of the towing light sport aircraft 

and the instructor must inform the student that instruction under tow is conducted under an exemption 

granted to the USHPA by the FAA. 

7. The instructor must keep written record of all operations conducted under this exemption. The record 

shall include the student's name, the date and the location of the instruction. The record must be 

maintained for 12 calendar months. The instructors shall present this record for inspection upon 

reasonable request by the USHPA or the FAA. 

8. The instructor shall notify the USHPA within 30 days of any accident occurring while operating under 

this exemption, This information shall be made available upon reasonable request by the FAA. 

9. Both towed and towing pilots must obey operational procedures set forth in the USHPA Towing 

standards.