ML20081C387

Request for Official Notice of Federal Regulation of Ultralight aircraft,47FR38770.Certificate of Svc Encl

ML20081C387
Person / Time
Site:	Limerick
Issue date:	10/27/1983
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8310310231
Download: ML20081C387 (14)

Text

4 DOCKETED USNRC UNITED STATES OF AM IC NUCLEAR REGULATORY COMMISSIO,N_,..-

C F 'CE Z ;l "l 1 Before the Atomic Safety and Licensing l Board In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S REQUEST FOR OFFICIAL NOTICE OF FEDERAL REGULATION OF ULTRALIGHT VEHICLES The instant request pertains t'o Applicant's pending motion for summary disposition of Contention V-4 and to the possible evidentiary hearing on this contention should the motion be denied. In its Statement of Material Facts (121) and Appendix thereto, and again at page 10 of its brief opposing the motion, intervenor AWPP asserts that "ultralight aircraft" are unregulated and beyond the juris-diction of the Federal Aviation Administration ("FAA").

Applicant respectfully requests the Licensing Board to take official notice of the Final Rule, including the statement of consideration, adopted and promulgated by the FAA governing the operation of ultralight vehicles, published at 47 Fed. Reg. 38770 (September 2, 1982). In particular, the Licensing Board's attention is directed to 14 C.F.R. S103.23 (47 Fed. Reg. 38776), which establishes minimum distance from clouds (e.g., a visible plume from Limerick) to be maintained by ultralight vehicles.

8310310231 831027 PDR ADOCK 05000352 D G PM

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The Commission's adjudicatory boards are authorized by regulation to take official notice of such matters. /

Respectfully submitted, CONNER & WETTERHAHN, .C.

Mark J. Wetterhahn Counsel for the Applicant October 27, 1983 ,

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• / 10 C.F.R. S2.743 (i) . See generally Union Electric l Company (Callaway Plant, Unit 1), ALAB-740, 18 NRC (September 14, 1983) (slip op, at 11).

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Request for Official Notice of Federal Regulation of Ultralight Vehicles," dated October 27, 1983, in the captioned matter have been served upon the following by deposit in the United States mail this 27th day of October, 1983:

Christine N. Kohl, Chairman

• Judge Richard F. Cole Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Gary'J. Edles

• Judge Peter A. Morris Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Reginald L. Gotchy .

Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section

• Judge Lawrence Brenner (2) Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission

. U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 i

• • Hand Delivery

Ann P. Hodgdon, Esq. David Wersan, Esq. Consumer Elaine I. Chan, Esq. Assistant Advocate Counsel for NRC Staff Office of Consumer Advocate Office of the Executive 1425 Strawberry Square Legal Director Harrisburg, PA 17120 U.S. Nuclear Regulatory Commission Steven P. Hershey, Esq.

Washington, D.C. 20555 Community Legal Services, Inc.

Atomic Safety and Licensing Law Center West North Board Panel 5219 Chestnut Street U.S. Nuclear Regulatory Philadelphia, PA 19.1.39 Commission

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Washington, D.C. 20555 Angus Love, Esq. 101 East Main Street Norristown, PA Philadelph(aElectricCompany 19401 ATTN: Edward G. Bauer, Jr.

Vice President & Mr. Joseph H. White, III Genpral Counsel 15 Ardmore Avenue 2301 Market Street Ardmore, PA 19003 Philadelphia, PA 19101 Robert J. Sugarman, Esq.

• • Mr. Frank R. Romano Sugarman & Denworth Suite 61 Forest Avenue 510 North American Building Ambler, Pennsylvania 19002 121 South Broad Street Philadelphia, PA 19107 Mr. Robert L. Anthony Friends of the Earth of Director, Pennsylvania the Delaware Valley Emergency Management Agency 106 Vernon Lane, Box 186 Basement, Transportation Moylan, Pennsylvania 19065 and Safety Building Harrisburg, PA 17120 Mr. Marvin I. Lewis 6504 Bradford Terrace Martha W. Bush, Esq.

Philadelphia, PA 19149 Kathryn S. Lewis, Esq.

City of Philadelphia Judith A. Dorsey, Esq. Municipal Services Bldg.

1315 Walnut Street 15th and JFK Blvd.

Suite 1632 Philadelphia, PA 19107 Philadelphia, PA 19107 Spence W. Perry, Esq.

Charles W. Elliott, Esq. Associate General Counsel Brose and Postwistilo Federal Emergency 1101 Building Management Agency lith & Northampton Streets 500 C Street, S.W., Rm. 840 Easton, PA 18042 Washington, DC 20472 I Jacqueline I. Ruttenberg Keysteon Alliance 3700 Chestnut Street Philadelphia, PA 19104

- ** Federal Express

Thomas Y. Au, Esq.

Assistant Counsel Commonwealth of Pennsylvania DER 505 Executive House P.O. Box 2357 Harrisburg, PA 17120 Thcmas Gerusky, Director Bureau of Radiation Frotection Department of Environmental Resources 5th Floor, Fulton Bank Bldg.

Third and Locust Streets H4'rrisburg, PA 17120 Jay M. Gutierrez, Esq.

U,S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406 Zori G. Ferkin Commonwealth of Pennsylvania Governor's Energy Council P.O. Box 8010 i 1625 N. Front Street Harrisburg, PA 17105 f

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'/ Vol.'47. No.* 1h / Thur'sday. September 2 1982 / Rulei and Regulatio '

,t 38770 i .

into adverse weather conditions in ron FunTwaMINFORMADON COsfrACT: which operations may be conducted by DEPARTMENT OF TRANSPORTATION Ken Peppard. Airspace and AirTraffic pilots and aircraft which are qualified Federal Aviation Aciministration Rules Branch (AAT-220). Federal forinstrument flight (IFR conditfons).

Aviation Ad:ninistration. Washington, The midair collision potential presented DC 20591, telephone (202) 426-3128. or 14 CFR Part 103 by unauthorized operations is contrary

. Cary Perkins General Aviation to6the FAA responsibility of ensuring the

[ Docket No.21631; New Part 1031 Operations Branch (AFO-820)*

Federal Aviation Administranorr safety of all airspace operations 5 Ultralight Vehicles; Operating ask n. C 20591, telephone induding & ch aid j Requirements ate de pdendal h hazardous situations that can arise, the suFet.aMENTARY INFORMATIO8C f AcaNcy: Federal Aviation PAA has recorded data detailing g Administration (FAA). DOT. Background . numerous instances of ultralight Acno8C Final rule.

The FAAissued Advisory Cicadas, edicles in controlled airspace causing ~

=aa==v:This amendment establishes No.00-10. entitled " Recommended near-miss situations with aircraft. The Safety Parameters for Operatforeat . following examples highlight the rules governing the operation of _

Hang Clfders* on May 16.1974.That. - probleme '

ultralight vehicles in the Ur11ted States. circular contained Th2 rule defines ultralight vehicles in advisory'nded recomme safety parameters for the (11 On March 24.1981, an MU-2 flew two categories: powered and operation of sport hang gliders, in lieu of between two ultralights operating o unpowered.To be considered an formal Federal regulation.The advisory end of the runway at Winter-Haven, '

ultralight vehicle, a hang glider must circular. defined " hang glider" as "an Florida. Both ultralights were equipped

' d gh w:igh less than 155 pounds: while a unpowered single place vehicle whose I pow: red vehicle must weigh less than launch and landing capability depends (ththout1H ght .

254 pounds; is limited to 5 U.S. gallons of on the legs of the occupant and whose (2) On April 11.1981, a Western

- fu;l: must have a maximum speed of not ability to remain in flight is generated by Airlines 727 captain reported a near.

m:re than 55 knots; and must have a . miss with an ultralight vehicle in the power-off stall speed of not more than natural air currents only;' has The sport of hang gliding vicinity of Phoenix Sky Harbor Airport. ,

24 knots. Both powered and unpowered advanced dramatically since Advisory ultralight vehicles are limited to a single (3) In May of 1981. the pilot of a single '

Circular No. 60-10 was issued. There is engine' aircraft reported h near-miss occupant.Those vehicles which exceed ' now widespread use of powerplants, with an ultralight vehicle near Paso '

tha above criteria will be considered ' landing gear, and movable control c.ircraft for purposes of airworthmess surfaces to increase the speed. altitude. Robles. California. According to the  !

certification and registration. and their and distance capabilities of the vehicles. report filed under the FAA Aviation operators will be subject to the same Many models have passenger-carrying Safety Reporting Program, the ultralight p certification requirements as are aircraft capability. As a result of those. was operating at 7000 feet in IFR g r cperators. These rules for ultralight developments many hang glidmg wtherconqns, ne airp ane pilot, v;hicles are needed to achieveau, vehicles no longer fall within the scope who was operatmg on an H Hight plan. l receptable level of airsafety by -

envisioned by Advisory Circulae No. 60- was forced to take evasive action to reducing potential conflict with other 10.The additiottof powerplantsand avoit, a colhsion. -

tirspace users and to provide protectiorr controllabl~e aerodynamic surfaces has To satablish regulations to deter ts persons and property on the ground, createdvehicleswhich can approximate flights which present a serious danger to i Therulegeverns theoperationiof the operational capabilities of fixed- -

aircraft and to provide a basis for f ultralight vehicles.by specifying.ther wing androtarpwing aircraft. necessary enforcement action. the FAA 5 girspace which requires prior. . , Tha"-am? performance published Notice of Proposed

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auila Us of AirTrafficControt capabilih of these vehicles, and tHeir 9 Rulemaking No. 81-8 on July 27.1981 (46 9 (ATC) prohibiting operations.over greatfyincreased' number havecreated' FR 38472).That notice proposed to congested areas, and providing fbr spotentiakhazard to other aircraft:and- Include both powered and'unpowered f operations during twilight hours with operators as well as to the ultrahght . W properlighting.Right-of way and ' operators themselves. As the resultof hang gliders under the generic term mWmum visibility rules are also aerodynamic improvements, many ,

"tdtralight vehicle" and included established.

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' pseposed weight and fuellimitations for

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. %e FAA has chosen not to . g capable of extended soaring to afthodirs' exceeding 10.000 feet above the pointof g . those g vehicles.The g notfce 7

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certification. and vehicie registration. haunch that tha vehicles are used pnmarily for preferring that tne ultralight commumty capability of sustained flight above sport purposes. More than 2.500 persons .

assume the initiative for the 10.000 feet and forward speed exceeding and organizations submitted comments development of these important safety 50 knuts.The operations of thes, to that proposed rule. This rule is the programs.The ultralight commumty is vehicles are now a significant factorin aviation safety.The vehicles are result of FAA consideration of those comments in light of its responsibility

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elo t se p ogra mely routinely operated. without ,

for safety in the National Airspace j manner and gain FAA approval for their authorization into regulated airspace, System. Because of the growmg 3-implementation. Should this approach such as airport traffic areas. terminal significance of this segment of the f:ll to meet FAA safety objectives, control areas, positive control areas. aviation. community, the new rules have and prohibited and restricted areas. U further regulatory action will be been codified under a new part of the necessary. ' Many operations have also taken place E.?

- over congested areas and spectatorsand Federal Aviation Regulations.&Pa

,~~ EFFECTIVE DATE: October 4.1982.

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.t no Rule will not be affected by these regulations that the higher weights resulted from Y because, as a number of commenters improvements which provide greater Subport A-Ceneral indicate they are usually conducted in structural integrity, better stability, more section 103.1 Applicability (proposed rural or remote areas, at low altitudes, positive controllability. and other ed I tot.1(a)(3)). away from areas where safety of other safety-oriented additions which do not

the This section defines the term pesons in the air or on the ground is compromised. It is only in congested derogate the characteristics commonly ultralight vehicle." The proposed rule associated with ultralightoperations.

would have limited the term to single- areas, airport traffic areas, and other Those characteristics are identifled as occupant designs weighing less than 155 areas frequented by aircraft involved in low forward speeds, low wing loadings.

pounds, with a fuel capacity of15 air c mmerce that these rules would low stall speeds, short takeoff and lie pounds or less, and which had no U.S. or restrict operations cf unpowered landing capabdity, and on enclosures foreign airworthiness certificate. The ultralight vehicles. around the pilot.

final rule expands the definition to e USHM s se5mgulation program Some commenters suggest that I differentiato between powered and .- cks the legal au&ority to enforce limitations of 220 pounds or 330 pounds unpowered ultralight vehicles. ne 155- mquiments to ensum de safety of be adopted because they are

.I pound weight Ilmitation has been cn em is n mquiment for anF " international standards." This is not k hang glider operator to be a mmber of correct. Canada. England, and Australia retained for unpowered designs and is

' e only criterion for those vehicles. - de SHGA. Current hang glider

, adopted 220 pounds as the maximum hose ultralights equipped with publications have carried a number of weight for a particular category of d e pty eigh n* 8 8 f

~ ad i o . re8ul8ti n8 85 " 88 th8'

. in e e ai i kwered ultralight vehicles must have a . must be certificated and the pilots

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~el capacity not exceeding 5 U.S.

m mandations of Advisory Circular , licensed. The 330-pound limit was No. 60-10. Those descriptions have

pilons and be incapable of more than included operations near and into established bI the Federation n kncts calibrated airspeed at full * * ""

clouds, low. altitude operations over

. J- power in level flight. The power-off stall open-air assemblies of persons, and

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prt. exceed 24 knots calibrated airspeed. large concentrations of airline and

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! gly n The rule restricts both powered and performance achievements of a general aviation aircraft operations.

= powered vehicles to single occupants Those potentially hazardous operations pad ar gmup d aWaA ,

" :d requires that the aircraft be used created the requirement for Federal FAA agms dat de weight

" exclusively for sport or recreational limitation for powered ultralight regulatory limitations on hang gliders, yposes. The proposed maximum weight vehicles should be raised from the hght i The FAA estimates that nestly all restriction ofless than 155' pounds was proposed 155 pounds. He 254-pound r epowered vehicles currently on the

1. retained for unpowered ultralight limitation was established because,it g narket will fall within the definition of vehicles to:(1) recognize the unpowered closely corresponds to commenters

'q,,, ultralight vehicle. The new criteria will vehicles as a separate entity from those recommendations that the weight exclude approximately 7% of the that are powered: and (2) ensure that the limitation be raised to at least 115 kilos.

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cwered vehicle designs currently being unpowered vehicles continue to meet and because the vast majority of current narketed as ultralights, although many essentially the same criteria that vehicles on the market weigh less than

" sf those may be suitable for 254 pounds.This weight does not prevented their being classified as ger to nodifications to bring them within the include floats or safety devices intended conventional gliders. Under this ru!c.

J scope of the definition. -

- those unpowered vehicles weighing 155 i r deployment irt an emergency ds b ated u '

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g de United States Hang Gliding - -to the-155. pound limitation on A large number of commenters.

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Association (USHC'A). object to the unpowered vehicles. recognize that. If the weight were raised.

ir.clusion of " pure" hang gliders in the some restriction would have to be

$ same definition as powered hang Powemd Ultmlight Vehicles ' imposed to ensure that the .

go c l aliders.ney raise the point that there < Alar'ge number of commenters

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do ei differences between a pure hang glider are a number of distinctive operational . request that the proposedmaximum , . ultralights.would be preserved. %ose .

pg, w C empty weight of155 pounds be raised commenters include organizations such L ,, ed a powered vehicle which should be for pcwered ultralight vehicles. The as the Experimental Aircraf t b 4 msidered when assessing the necessity suggestions range from 180 to 350 Association (EAA). the Aircraft Owners

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f regulations for these vehicles. The USHCA emphasizes its own self.

pounds. The reasons offered include greater structuralintegrity, more and Pilots Association (AOPA), and the Professional Ultralight Manufacturers 1g.,  %!ation program and safety record. opportunity for design innovations, and M Association (PUMA).

De FAA recognizes that the the fact that many of the vehicles The restrictions they propose range M '

teasures taken by the USHGA to presently operated exhibit all of the from simple wing loading values to D W::ote safety at USHCA launch sites other characteristics generally complex aerodynamic formulas. They e

ne been effective, particularly those attributed to ultralights but weigh more include maximum wing loading teasures taken to protect the than the proposed weight limit. suggestions. minimum wing areas in

. ;ar*icipants. However, the basic The FAA. by review of ultralight relation to weight, maximum power s han .e ationale for issuance of this rule is the ' advertisements as of March 1982, has capabilities in relation to weight, and

[the si infety of all users of national airspace, concluded that the empty weights of calculations oflaunch mass. Some

't101 . act just the ultralight operators. The most of those vehicles range from 150 to commenters suggest, and the FAA Dat maiority of hang gliding operations 250 pounds. It was further concluded considered. that the pilot be required to 9

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$319 38772* JFeder'aPRegistler / 'Vol 47,' Noc1717 Tfiursday."5Sptember ?.)i982 / Rures~and' Redufatio'n's" i ba sxposed fully to the relative wind. qualifications. Because pilot Section 103.5 Waivers his requirement was dropped to qualifications are not controlled or acc:mmodate cold weather operations In proposing to m.clude ultralight monitored the single-occupant and to avoid stifling design and operations under Part 101. ultralights requirement is a necessary component (fficiency irnprovements within the in the continuation of the policies which w uld have been eligible for the waiver pir: meters of an ultralight vehicle. allow the operation of ultralight vehicles provisions applicable to all operations ne maximum forward airspeed free from many of the restrictions under that part. By removing the

' limitation was selected by the FAA imposed on aircraft. Persons wishing to ultralight proposal from Part 101, the because it is faster than almost all operate two-place vehicles have the waiver eligibility for ultralights would ultralight vehicles currently being sold avadability of existing provisions 'of the have been lost. 'nie FAA has concluded but still places those vehicles in a FAR's for conducting such operations. that the ultralight industry and the sigmficanti) slower performance public would be best served by

- category than conventional aircraft.The Recreation orSport Purposes Only , retentian of waiver eligibility for thesa '

determination and enforcement of this vehicles.

speed limitation it within the capability Recent activities and advertisements .-

in ultralight-oriented publications - Thus, i 103.5-is added to the final rule.

and resources of the FAA under the giving the ultralight operator the-inspection requirements of the rule. (included in the docket) imply that .

commercial operations may be Opportunity to apply for a certificate of A number of commenters suggest conducted by an uncertificated pilot in waiver frem any provisions of Part 103.

maximum stall speed restrictions ringing from 18 to 25 miles perhour, an ultralight which has not been Section 103.7 Certification and '

believing that thirlimitation would certificated as an aircraft. Those types. - registration- '-

continue to ensure the safe nature of of operations are.not allowedunder the ultralight vehicles. The FAA believes rule. The intent of'the FAAis to provide for thzt the ability of those vehicles to Several commenters suggest that safety in the national airspace with a operate from surfaces other than those ultralight vehicles be limited to sport or minimum amount of regulation.

designed for aircraft is a factor which recreational purposes only. The position Accordingly, those vehicles which meet _

ltssens the potential for collisions and - of the FAA had consistently been that the definition of"ultralight vehicle

• will reduces the interference with aircraft thesevehicles may-be operated for sport be exempt from FAA certificatf orr and operations. A relatively slow stall speed and recreation purposes only. The registration requirements. Similarly, is a malor contributing factorin justification for allowing the ooeration pilots of ultralight vehicles, as defined in allowing ultralight pilots to operate .in,a of these vehicles without requiring this part, will not be required to possess

'N3 "*""'" aircraft- and pilot-certification has beerr FAA pilot certificates or airman medical

.. A maximum power offstaltspeed of certificates.

that this activity is a " sport" 8enerallY 24 knots was chosen because it While this rule does not,at this time, encompasses most of the vehicles - conducted away from concentrations of population and aircraft operations. Like require airman / aircraft certification or currently on the market The stallis-exsily determined through a simple ' any sport, the participants are viewed as vehicle registration and is premised on calculation using information which is taking personal risks which do not affect the absolute minimum regulation roidily available to the FAA inspector others not involved in the activity, necessary to ensure safety in the public when inspecting a specific vehicle. interest, a continuation of burgeoning Section 1032 Inspection requirements gr wth f the ultralight population could The total allowable fualcapacity was (p# Eosed i101.55)*

raised from the proposed 15 pounds ta s _ necessitate further regulation. The best U.S. gallons. The decision to increase This section ensures that FAA's practicesand methods ta preclude the tha volume of fuel is a direct resultof authority tainspect.ultralight vehicles need for further Federal regulation '

tha desire by theFAA.in response to for complianca with thaIlmits specified. appear to at least include:self.

public comments to ensure that- in i 103.1 and is retained in the final rule- regulation and self policing, safety

- cdiquate fuel reserves are available for as proposed inNotice No.81-4, slandards, membership in organizations safe flight. .

- A large numbecof commenters object and associations equipped to function . l .

Single Occupant ~ to the inspection requirements, believing and operate programs approved by the

. that considerable FAA manpower and. FAA markings and identification of -

- The rulelimitsbottepoweredand' resources would be required in this vehicles, programs including provisions

- ~ unpoweredultralight vehicles to at single effort.TheUSHCA and its membership similarto Federal AviatforrRegulations -.

iN v$r be a a carrying passengers or for training-for contributed a maiority of the objecting comments,' citing the remoteness of hang airworthiness), etc.

relating to aircraft (botfr operation and ,]

purposes. The basis for a:iowing glidmg sites as impract: cal:or the r AA FAA will conunue to meni:or ultralight vehicles to operate under to monitor. performance of the ultralight community ,

special rules which do not require pilot Given the current level of ultralight in terms of safety statistics. growth i end aircraft certification is the " sport" activity. the FAA is confident that trends, and maturi+y and,if mdicated, aspect of the operation. For example the enforcement of the provisions of Part will take addi!!onal regulatory actions to assumption can be made that a person 103 can be accomplished with the preclude degradation of safety to the 7 who elects, without pilot qualifications, existing resources. As is the case today, general public while allowing maximum i to operate an uncertificated vehicle many investigations of suspected freedom for ultralight operation. In alone is fully aware of the risks violations are prompted by reports summary,it should be emphasized that .

Involved..This asrumption does not hold received from pilots, air traffic the individual ultralight operator's E

. true of a passenger selected randomly i controllers, citizene, and other sources. support and compliance with national >

~ from the general public. Persons in the The FAA foresees no appreciable self-regulation programs is essential to general publicwilllikely assume that increase in the number of these reporte the FAA's continued policy of allowing L m the operatoe has certificated pilot . _ , as a result of this rule.  ;- ,- industry self regulation in these areas. g u . ~- - - n- -- s. .

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Federal Register / Vgl.47,.N .171./ %ursday, September 2,1982 / Rul:s and Regulations - ,,

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diver does when engaged in his sport.. ,The FAA has observed ultrahght Milot Certification' .

operations during the twilight periods The FAA has noted and commends the A! b efforts f the USHGA to establish . and has found the light available for b:lieve that e shou!be some design standards and flight testing of such operations to be adequate in many requirement that pilots of ultralfghts be new hang glider designs.The FAA instances. Operators were able to required to exhibit some knowiedge endorses the development of similar rianeuver safely to avoid each other and end/or experience before being allowed standards ano testing of new powered also effect safe takeoffs and landings.

13 operate these vehicles.The designs by the ultralight community. Since most vehicles are operated at i

suggistions range from no requirements However, the FAA presently has no nearly the same altitude, they could be t3 pilot certification under the intent to require certification of these easdy seen silhouetted against the requirements of part 61.%e general vehicles by Federal regulation. lighted axy. Operations were conducted groupings of the comments are:(1) No ' I r .a y s cirtification: (2) required ground training Subpart B-Operating Rules ,"g g p s a y on regulations and conventional aircraft Section 103.9 Hazardous operations aware of the others' presence. The mild (pmp sed i E7h weseer conMons which gencaUy 1 a in tru tor a fo u pervised prevailed dwing the twilight ptriods his section prohibits any ultralight i

sols operations: (4) successful passage cf a written test such as the FAA glider operator from engaging in activity which j,dra Ety f 6 "

i pilot written examination. (5) Issuance jeopardizes the safety of persons or ance se safety faMw @t.

of an Ultralight Pilot Certificate by the property on the ground or in the air.The The FAA is concerned. however, that FAA based on satisfactory completion prohibition against hazardous flight or unlimited operations of this type could - ,-

j of an examinationrand observed- dropping of objectsis common in the p se ethre.at to aMNoperate pIrformance as the pilot of an ultralight; ' regulations pertaining to civil aircraft, at higher speeds and higher altitudes, i and (6) conforming to the certification and the FAA is addressing ultralight e numb t tial en ters rzquirements of Part 61 for student and , operations with equivalent stringency.

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• T F endorses the ultralight (P sed .43 perate into areas normally traversed

< community's efforts to develop and The proped rule wald havelimited by certificated aircraft. Also, the ability-cdminister, under FAA guidehnes. a e p"ation of ultraDghts to the hours- of aircraft pilots descending into the rEtional pilot certification program. At between official sunrise and offical lower altitudes to see u'tralights would this time, however pilots of ultralight sunset.The limitation m daytime be minimal due to the darkened vzhicles are not required by Federal perayons was mtaind 4 an aMed backdrop of the ground. Pilots would regulation to be certificated- provision for twilight operations under often not be aware of such operations

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certain conditions. Other night. time taking place and could easily overrun an Aircraft Registedtion ultralight without ever having visual quations am not aHowed.

Some commenters, primarily State Alarge number of commenters contact.

and local governments, recommend that request that flight during the twilight The FAA has adopted an alternative I these vehicles be registered and be which provides an acceptable level of

' periods of the day be allowed since required to display their registration those are prime times to conduct safety to aircraft while still allowing -

number. The reasons center around ultralight operations.They state that ultralights to operate in uncontrolled idtntification of any offenders.The meteorological conditions are often best airspace during this periodof the day.

FAA s experience in identification of during those periods and are The FAA's conclusion on this issue is to.

offsnders and processing enforcement characterized by a lack of wind and disallow ultralight operations in I

action validates their recommendations. turbulence.The AOpA believes that controlled airspace during the periode

& FAA endorses the ultralight calm air is particularly important for the . from sunset to sunrise.This affords f 1 community's efforts to develop and novice flyer and provides an increased aircraft operators the margin of safety to m:intain. under FAA guidelines, a safety factor, especially during training which they are entitled and, at the same nitional registration system which . when confidence building is essential. time. leaves adequate airspace to the would be immediately accessible to the Many mmmenters believa that the ultralight operator during a 30. minute FAA. However, registration of ultralight available light is generally adequate to twilight period. _

vdicles will not be required by Federal allow operations during those periods & FAA has determined that the

' regulation at this time. ~ W .and thatother craft could be safely occasional aircraft operation in c .u A

, AlicroA Certificotw.n , . Q. gyp avoided. . ..,w.;t.u. .& M.e 4- uncontrolled airspace during.the twilight -

period should not entirely preclude -

i" hre are a smalinumber of-wm 5 hre are some believe mmmaters that operations whorshould in Alaska - ultralight operations.h visibility from commenters who recommend additional be excluded from the dayiight above of ultralights operating at very Federal regulations requirmg low levels can be significandy enhanced certification of ultralight vehicles to operations section.They allude to the uniqueness of their" normal" day and by the addition of an anticollision light some design standards. The FAA has. on these vehicles. Such a light would consistently refrained from the how ultralight operations would be adversely affected. provide the descending aircraft pilot certification of these vehicles because they were operated by a single occupant Several comments support the original with a distinct indication of the proposal and do not want operations ultralight's presence. Additionally. it 1

for sport or recraational purposes. This policy is in accord with Federal during the night-time hours. The primary would enable ultralight operators to concer s centers around the difficulty in better see and avoid each other.

regulatory policies regarding other sport For the purposes of ultralight 3

activities.The pilots of these vehicles seeing these vehicles, especially at the

- higher altitudes, and the perceived operation, an anticollision light is

f accept the responsibility for assuring defined as any flashing orstroboscopic W th1ir personal safety much as the driver inability of these operations to be conducted safely. .- . -. device that is of sufficientintensity so

• of a moped street vehicle or a scuba i

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38774 Federal Register' / Vcl. 47. Nr.171/ Thursday. Sept mber 2.1982 / Ruhs and Reguhti:ns

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. as to be visible for at least 3 statute abla to see t!ie ultralight vehicle as aircraft based on catastrophic incidents i miles.This regulatory approach does not readily as the pilot of the ultratight which have occurred in the past. The impose on the ultralight owner the vehicle will be able to see or hear the potential for such an incident makes the 3 economic burden associated with a large aircraft. Due to the forward speeds generalissuance of the suggested <

certificated lighting system.The of the majority of aircraft. It may be authorization unacceptable. 'llie FAA  !

ultralight must remain in uncontrolled impossible for the aircraft to make believes that concentrations of the airspace. and the anti-collision light sudden changes of direction required to generil public must be protected from must be operating during the twilight avoid small objects sighted at close the possible dangers inherent in the j periods whenever the vehicle is in quarters. The FAA recommends that operations of vehicles of uncertificated.

motion. operators engaged in ultralight possibly unproven designs. In specific l With respect to twilight operations in operations avoid,if possible, areas limited instances.'with appropriate '

Alaska, the FAA recognizes that the where significant operations of aircraft operational limita tions, ultralight >

periods of twilight are significantly are occurring so as to minimize the risk operations may be approved over +

different from those experienced in the of midair collisions. congested areas, through the waiver '

lowerlatitudes. A review of the Air Some ultralight operators e.wress provisions of I 103.5.

Almanac reveals that. in the u per concern that. if they are not given the latitudes, some days have no aylight right-of-way over aircraft, the pilots of Section 103.17 Operations in certain periods but have over 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of civil those aircraft might deliberately fly in air 8 pace (proposed i101.45).

twilight. Civil twilight is defined as the close proximity to the ultralights. In The NpRM proposed to require the period between official sunset and situations where this act can be ultralight operator to bbtain sunrise when the sun is less than 6 substantiated, an investigation will be authonzation prior to operating within degrees below the horizon. . . . initiated to determine whether the pilot airport trafSc areas, control zones, Regulations currently exist in Parts 91- of the conventional aircraft operated in terminal control area's, and positive and 101 which acknowledge the need to a careless or reckless manner in controlled airspace.

grant special allowances for operations violation of 5 91.9.

in Alaska after sunset, and the FAA has ~ Operators of aircraft commented that Some commenters recommend the the speed and visibility of ultralights are determined that ultralights are entitled establishment of areas where ultralight to the same consideration. Therefore, a incompat:ble with other operations and operations could be conducted and all that they should not be allowed at allin provision to permit ultralight operations aircraft operations would be prohibited.

in Alaska during civil twilight has been those areas. Some even suggest that a While the FAA has undertaken to -

added to i 103.11. The requirement to identify locations on aeronautical charts maximum operating altitude, such as I have an operating anticollision light 3.000 feet AGL. be imposed on all wnere a specialized aeronauticci d.tring twilight operations is applicable ultralight operations activity, such as parachute Jumping or to operations during this period in gliding is being conducted, no action is The FAA shares the concern r Alaska. anticipated which would restrict other expressed by pilots who are wary of the -

ability to intermix faster aircraft safely

-Section 103.13 Operations near aircraft types of aeronautical acmes g Wose with the relatively slow ultralights: but, h and other ultralight vehicles: Right-of- areas and. simuarly, no such action is contemplated for ultraHghts. experience has shown that aircraft of way rules (proposed I 101.49). significantly different performance '

The proposed regulations with respect Section 103.15 Operations ov.~ characteristics can be accommodated

. to ultralight vehicle right-of-way are congested areas (proposed 1 101.47). when operations are conducted in l adopted. An additional provision is The proposed prohibitir a of ultralight accordance with specific authorizations.

added to clarify the right-of-way vehicle operations over ccngested areas There is considerable precedence in the 3 form of glider operations, hot air requirements in situations involving is retained in the final rule. The i powered and unpowered ultralight comments favoring an easing of the ballooning, and parachuting being -

vehicles. -

proposed rule focus on three main areas: conducted while aircraft safely transit

" Die comments regarding right-of-way the area. Historically, the greatest [

(1) Those who favor permitting r range from those woo believe that operations with a minimum altitude danger comes not from performance '

• unpowered ultralight vehicles should ranning from 1.000 to 3.000 feet AGI4 (2) variables but from operations unknown ,

have the right-of-way over all other those requestt 3 that the n inimum to the pilot or controller. The- f vehicles and aircraft to those who - altitude requirements of I M.79 be requirement to gain authorization before '

believe that the requirements of I 91.07 allowed: and (3) those who believe that entering these airspace areas enhances should be adopted, with unpowered no mmimum altitude should be the safety to all airspace users. The FAA _

- , ultralights being grouped with gliders . . specified, especially for unpowered has concluded that ultralight vehicles in

and the powered ultralights grouped a _ vehicles;due to the short field landing - compliance with the provisions 'of 4 with airplanes. The most salient reasons ability and small size of the vehicles. I 103.19 will be able to operate safely in cited include lack of- aneuvering ability The representatives cf cities e .d those airspace areas.

{

and inability to change location in the towns who commented genardy favor Although the subject was not air quickly. the prohibition. believing that addressed in the NTDi. some The suggestions and associated uncertificated aviation actsities have commenters voice concern about rationale do not reveal any areas which no place over congested areas, ultralight operations conducted at or has not been considered during the The FAA's position is based on the near uncontrolled airpor+s with many fomulation of the Npnf.The FAA has fact that ultralight vehic!es are not persons noting a need to develop determined that uncertificated sport certificated as airworthy by any standard operating procedures. The operations should not be given the right- approved method and are ;Iown by FAA agrees with the need to establish a of-way over all other aircraft. The small uncertificated pilots for sport or compatible method of operation at  !

size and sport nature of the operations is recreational purposes only. Similar _ uncontrolled airports but believes that b

% o major factor in that determination. It is limitations apply to the operations of the variables associated with each 9 unlikely that the pilot of airt: raft will be experimental and restricted ca gory locality (terrain, runway configuration.

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Federal Register / Vcl. 47. NL 171/ Thursday. Sept:mber 2.1982 / Rul:a and Reguhtfons- 38775

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and the phys. .. .ical properties of the - and land safely'at any time without

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and other aeronautical activities. .

airport) combine in such a manner to ' entering obscuring weather phenomena.

• preclude a generalized nationwide Estab!!shment of specific visibility Many commenters support the regulatory approach. %e FAA has standards'is v:ewed as enhancing the proposal as reasonable and concluded that such operations could be representative of normal ultralight legitimacy and utili'Y of ultralight handled much more efficiently by operations. they recognize the wauons. .

airport managers developing local possibility of being caught "on top" and S rne commenters believed that the procedures in concert with the ultralight the danger, both to themselves and to distance from clouds should be reduced community. In this way the available other airspace users, of trying to to " clear of c!ouds." net basis for such facilities can be used to the full extent descend mrough a layer of clouds. A a change centers around the difficulty in while operational safety is maintained. few commenters believe that visual determining actual distances from Additicnally, the interaction of the reference to the surface is necessary douds.

ultralight operators and the airport only while climbing or descending and Other commenters suggest that hang managers will serve as a basis for not while in level flight. gliders be allowed to connnue inci-mutual understanding of the role this The FAA has determined that visual practice of operating near and in the

, growing segment of aviation will play in reference with the surface is necessary base of douds. Their rationale is based -

' the years ahead.The FAA encourages at all times. Experience with certificated on the added lift available from being in and supports efforts to reach such aircraft has shown that many pilots. close proximity to cumulus clouds. Some

! agreements and has been working with with fully instrumented aircraft, have hang glider operators fear that the user groups in the development of been caught "on top" and have required restriction on in-cloud operations would guidelines for ultralight operations at assistance from Air Traffic Control to eliminate their ability to vie for long-uncontrolled airports. .

descend safely. Flying "on top" or distance and high altitude records. ~

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• Section 103.k9 Operations in prohibited or restricted areas.

,'uab o - [h ot$ev ed ne FAA cannot appen +1e peradon of ultralights in or near clouds.

without instrumentation. The effect of In.the NPRhi. requirements for _ these illusions is to disorient the airman A specific distance from clouds is operations of ultralights were induded spatially, with a resulting loss of control required when operating in contre!!ed under the provisions of 1101.5. of the craft. It takes a well. trained and airspace, primanly due to the presence In the final rule. the requirement for disciplined pilot to ignore what of aircraft conducting instrument flight i ultralight operators to obtain information the human senses are operations through the clouds. The cloud i

authortzation prior to operating in providing and rely on the clearance requirements serve as a prohibited or restricted areas is retained instrumentation aboard the aircraft. practical buffer to reduce the poss2ility and restated under i 103.21. In the case of ultralights, there is of having an aircraft exit the doucs on Prohibited areas have been developed relativelylittle,if any, instrumentation an unalterable collision course.

to provide for the safety and security of . with which to confirm the flight attitude Operating too close to clouds does. in operations being conducted and to of the vehicle.Further,if the ultralight effect, cause a blind side in the aviator's i ,

segregate activities, considered to be operator should get caught "on top." vision. Operation in and near clouds l q hazardous to nonparticipating aircraft. . there is no alternative available but to severely restricts the ultralight l

- Such operations in these areas include descend unannounced through the operator's ability to see and avoid. an l military and presidential security, flight clouds.The ultralight operator would be training and testing. experimental ability that is paramount in allewmg L , risking not only his own life, but the ultralight operations to take p;4ce.

[8- , weapons testing. and the launch and lives of persons who rely on the Pe recovery of rocket. powered vehicles. safeguards inherent in certificated in maintaining a safe distance from Many commenters recognize the need aviation. clouds, the FAA has concluded that l ultralight operators can reasonably 1 to limit access to these operating areas The FAA has determined that I and accept the requirement to obtain inclusion in the final rule of the approximate, when operations are being l

f permission prior to operating in these requirement to maintain visual reference conducted, the required distance from areas. A few commenters believe that with the surfaceis necessary to reduce clouds. Experience with other segments un i this restriction should not apply to them the potential for collisions and insure of aviation has shown that it is readily and that ultralight vehicles should be the safe operation of ultralight vehides. apparent that, when operations l allowed to' operate at their own risk. appmad an unsafe hance b hf' Sectinn 103.23 Flight visibility and

TheFAA has determined that d uds and adherence to the prescribed allowing any aeronautical activity to doud clearance requirements (proposed q -

.. , mmtmum distance determination

. itL. enter prohibited or restricted areas. .; . . . .

,. becomes relatively easy. Therefore.

l C7 without prior authorization would *.\ ? The flightvisibility-andc!6hd-

, . retention of the flight visibility and derogate the purpose for which these clearance requirements proposed in the fin "

areas were established. Avoidance of NpRhi are the same as those under clouds clearance requirements. as proposed is essential for maintain.ag such areas by ultralight operators is not  ! 91.105, the basic minima for VFR flight airspace safety.

viewed as imposing a significant burden operations by fixed. wing aircraft. Since on ultralight operations. ultralight vehic!es will be sharing the L!st of Subjects in 14 CFR Part 103

' has e I d p -i Section 103.21 Visual reference to the k*i7p[ctfcafto pp y e, e Aviation safety. Ultralight vehicles.

j

- surface (proposed i 101.51). operating minima. Adoption of the Amendment l NpRhi No. 81-6 proposed that hiany commenters to this proposal are

'h a ultralight operators be required to receptive to the similarity in visibility Accordingly, the Federal Aviation f I' maintain visual reference to the surface requirements for all airspace users. Regulations (14 CFR Chapter I) are ht U during all flight operations. %is would hiany ultralight operators indicate an amended, effective October 4.1982 by E- # ensure that the operator of an ultralight appreciation for the inherent safety in adding to Subchapt,er F (14 CFR Chapter bn. , li would have the opportunity to descend being able to see and avoid obstructions I) a new Part 103 as follows:.

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' PART 103-ULTRALIGHT VEHICLES- g1015 waivers. .

(1) ne vehicle is equipped with an No persori may conduct operations operating anticollision light visibl'e for at Subpad M w al that require a deviation from this part least 3 statute miles: and sec. except under a written waiverissued by (2) All operations are conducted in 103.1 Applicabi!!ty. the Administrator. uncontrolled airspace.

103.3 Inspection requirements.

103.5 Watvers. I 103.7 Cartification and registration. I 103.13 Operation near aircraft: Right-of-103.7 Certification ard registration. (a) Notwithstanding any other section **Y***-

Subpart B-Operattng Rulee pertaining to certification of airt; raft or (a) Each person operating an ultralight their parts or equipment. ultralight vehit:le shall maintain vigilance so as to vehicles and their component parts and see and avoid aircraft and shall yield 03 1 Da g operaio 103.13 Operation near aircraft: rtsht.of.way equipment are not required to meet the

- the nght.cf-way to all aircraft. ,

rules. . airworthiness certification standards (b) No person may operate an 103.15 Operations over congested areas. specified for aircraft or to have ultralight vehicle in a manner that 103.17 Operations in certain airspace. certificates of airworthiness. creates a collision hazard with respect 103.19 Operations in prohibited or restricted - (b) Notwithstanding any other section to any aircraft.

arvaa.. . -

perta12ing to airman certification. (c) Powered ultralights shall yield the 103.21 Visual reference to the surface. operators of ultralight vehicles are not right.cf.way to unpowered ultralights.

103.23 Flight visibility and cloud clearance requirements. re9ufred to meet anY aeronautical j 103.15 Operations over congested

. Authority: Secs. 307. 313(a). 601(a). 603, and knowledge, age, or' experience aru s.

603. Federal Aviation Act of 1958 (49 U.S.C. requiremnts to operate those, vehicles No person may operate an ultralight 1348.1354(a)$ 1421(a).1422. and 14:31:sec.- or to have airman or medical- -

vehicle over any congested' area of a 6(c). Department of Transportation Act (49 . certificates. city, town or settlement, or over any U.S.C.1855(c) (c) Notwithstanding any other section

, open air assembly of persons.

pertaining to registration and marking of Subpart A-General aircraft. ultralight vehicles are not g 103.17 Operations in certain airspace.

I 103'1 Applicabuity. required to be registered or to beat No person may operate an ultralight nis part prescribes rules governing m8 -

veWe wGn an airport trah area, control zone, terminal control area, or ths operstien of ultralight vehicles In the Subpart B-Operating Rules positive control area unless that person United States. For the purposes of this f 103.9 Hazardous operations, has prior authorization from the air part. an ultraligh vehicle is a vehicle traffic control facility having jurisdiction thst: (a) No person may operate any ultralight vehicle in a manner that over that airspace. H (a)Is used or intended to be used for minned operation in the air by e. single creates a hazard to other persons or g 103.19 Cperations in prohibited of ,

occupant: ~

. ,. _ property. . restricted areas. l (b)Is used or intended to be used for (b) No person may allow an object to No persort may operate an ultralight recreation or sport purposes only; be dropped from an ultralight vehicle if vehicle in prohibited or restricted areas I (c) Does not have any U.S. or foreign such action creates a hazard to other unless that person has permission from airworthiness certificate: and - persons or property. the using or controlling agency, as (d) If unpowered. weighs less than 155 g 103.11 Dayttght operstrons. appropriate.

pounds: or (a) No person may operate an '

p I 103.21 Visual reference with the surface.

~ ultralight vehicle except between the No person may operate an ultralight  ;

( ye gh e than 25l pounds hours of sunrise and sunset.

(mpty weight. excluding floats and vehicle except by visual reference with ,

(b) Notwithstanding paragraph (a) of th* *urf* * '

safety devices which are intended for this section. ultralight vehicles may be djployment in a potentially catastrophic operated during the twilight periods 30 5 103.23 Flight visibility and cloud situation: minutes before official sunrise and 30 clarence rowirements. >

(2) Has a fuel capacity not exceedin8L minutes after official sunsetor. in No person may operate an ultralight I 5 U.S. gallons: Alaska, during the period of civil vehicle when the flight visibility or (Lij is not capable of more than 55 - twilight as defined in the Air Almanac. . distance from clouds is less than that in

.. knots calibrated airspeed at full power "~. it. - . . .u.x so c , v.E .* the following table, as appropriate:

• ,^ ":.Nn-WM J. '.. ' -+.M.

." in level flight: and- 'a ' W Z *.?E7"H f' 'F W1.T. Mf;-f@9:O-#W.47.; O ,, ~ % ^ ' ~ .).~

= - . . .

".W,does not exceed 24 knots calibrated (4) Has a power.off st' ll speed u mwhicH,. l - '

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g 103.3 inspection requirements. , , , , , , , ,

(a) Any pers'en operating an ultralight ust= =

v:hicle under this part shall. upon m me= coe is amaca a m,,w e.x m w stom m w re=n.

I request. allow the Administrator, or his m one coma.o amace i cw w em l dzsignee, to inspect the vehicle to u=* = m '**e acoa e* *s'== he w =

dstermine the applicability of this part. ((,."jS ;, a ,,,,c, 3 m % ,,,, m ,  %,,,,,

(b) The pilot or operator of an ultralight vehicle must, upon request of m ame. co woa.: ==ac= 1 sc,o wtee. m w atom m w man.

th] Administrator, furnish satisfactory ucre een 1.200 som ateve en as+ ace and as or s t.000 asse too 1.000 is : accm,1 seam mee F cvidence that the vehicle is subject only anaa 'o 0- W8'- '

'ma' ore.' F

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, Federal Register / Vcl. 47. Nr.171 / Thursd:y, September % 1982 / Rules tnd Regul:thns 387

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Note-ne FAA has'delermined that this regulation is not a major rule under Exsoutive -

Order 12291. 3ecause the rule will regulate a new user segment and because of substantial public interest. it has been determined that it is a sigruficant rule pursuant to the Department of Transportation Regulatory Pobcies and Fic,c.wi-re (44 FR 11034:

February 26.19*9).The total projected costs of this rule may be found in a copy of the regulatory evaluation contained in the public ~

docket. A copy of that evaluation may be .

obtained by contacting the person identified above under the caption "FOR FURTilER INFORMATION CONTACT."It is certified under the enteria of the Regulatory Fleubility Act that this rule wdl not have a significant l 4

economic impact on a substantial number of *- - -

' small entities. Dere are very few small

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q entities involved in ultralight vehicle -

activities and the majority of those will be unaffected by the implementation of this rule.

Issued in Washington. DC. on July 30,1982.

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