AFS

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May 16, 2016

Exemption No. 16655 Regulatory Docket No. FAA

- 2016

- 4336

Mr. Michael Jefferson BDA Big Air Hang Gliding

840 Lewis Ave Sunnyvale

, CA 94086

Dear Mr. Jefferson :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By lette r dated February 20

, 2016

, you petitioned the Federal Aviation Administration (FAA)

on behalf of BDA Big Air Hang Gliding ( BAHG) for an exemption from § 103.1(a) of

Title 14, Code of Federal Regulations (14 CFR) to the extent necessa ry to allow BAHG to

ope rate unpowered ultralight vehicles with another o ccupant for the purpose of training hang gliding pilots with its purpose

- built Wills Wing tandem hang glider

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in th e Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to BAHG

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those present ed in your petition. I n Grant of Exemption No. 9785

, as amended (copy enclosed), the FAA recognize d the value of dual flight instruction and, in the past, had granted exemptions to allow training in powered and unpowered ultralights. With the sport pilot rules becoming effective, the exemptions that expired have eliminated tandem training, since training can be conducted in light sport aircraft. However, foot

- launched, two

- place2

powered and unpowered paragliders or hang gliders could not be certified in a manner similar to other air vehicles; therefore, an alternative method for training approval is necessary.

It is possible that a foot

- launched, two

- place powered and unpowered paraglider or hang glider can carry a pilot in training along with an instruc tor while remaining in compliance with all other subparagraphs of part 103. The FAA recognizes that having an experienced flight instructor on board the air vehicle during training is safe. The FAA finds that a grant of exemption from § 103.1(a) is in th e public interest and would provide an equivalent level of safety as provided by the current regulations.

Having reviewed your reasons for requesting an exemption, I find that

—

 they are similar in all material respects to relief previously requested in t he enclose d Grant of Exemption No. 9785 , as amended ;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9785 , as amended, also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decisio n

Under the authority contained in 49 U.S.C. § 106(f), 40113

, and 44701

, which the FAA Administrator has delegated to me, I hereby grant BDA Big Air Hang Gliding (BAHG) an exemption from 14 CFR § 103.1(a) to allow BAHG to operate unpowered ultralight vehic les

with another o ccupant for the purpose of training hang gliding pilots with its purpose

- built Wills Wing tandem hang glider , subj ect to the conditions and limitations described below.

Conditions and Limitations

1. This exemption is limited to § 103.1(a) o nly.

2. Each operation must comply with all other sections of part 103.

3. All flights operating under this exemption must be for training purposes only. This exemption applies only to flights for the purpose of giving instruction in foot

launched, two

- place po wered and unpowered paragliders or hang gliders.

4. Prior to all two

- occupant training flights, the student must be informed that the flight

is being conducted under an exemption granted by the FAA and that the foot

launched, two

- place powered and unpowered p araglider or hang glider does not meet aircraft certification standards set forth by the FAA.

5. For identification purposes, BAHG shall issue an individual authorization to each person allowed to conduct operations under this exemption. Each authorization s hall include an identification number and a copy of this exemption. BAHG shall also have a procedure to rescind this authority when needed.3

6. Each individual who operates a foot

- launched, two

- place powered and unpowered paraglider or hang glider 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 BAHG and a copy of this exemption. These documents shall be presented for inspection upo n request by any authorized representative of the

FAA.

Thi s exemption terminates on May 31

, 2018 unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosure Exemption No. 9785