How to find a waiver - possibly the only one ever issued!

[RonKMiller85750]

Greeting Gents:

I'm a brand spankin' new member here, but just passed my 30th anniversary as a commercial LTA (Lighter Than Air) pilot.

I've had a thermal - or "hot air" airship since 1987 and it was registered in the UK with a G number. I obtained a British license and flew it in the US for about a year. It's been mothballed since then - but only has 40 hours on it!

http://www.youtube.com/watch?v=IMXoQeEpuTQ&list=PL0CD1C4A3DBD717A1&feature=mh_lolz

I attempted to get the G number registered again (it was taken off the Brit's registry for inactivity) along with an annual and new standard airworthiness certificate but found the process of having it registered and examined again by the CAA to be just about impossible - and extremely expensive - as in ship it to England and back. I would also have to re-new my British pilot's license.

To that end I intend to register it in the US as an Experimental Exhibition. Of course that would not allow me to sell advertising for the sides - which is of course a great way to make some serious $$.

I understand that a waiver was issued for a California based Experimental SkyMedia thermal airship allowing it to carry advertising, it was probably issued around 2000 or so. Unfortunately the airship was destroyed on it's first flight and the company imploded to the tune of $1.3 million... :(

http://www.hotairships.com/airships/skymedia/

According to that story: "The SkyMedia SMA 1001 was the first and so far only Experimental hot air airship which has been issued an FAA waiver to authorize commercial advertising flights."

Can anyone give me some guidance as to how about locating a copy of this waiver? Phone calls to the now defunct company just ring and ring.

Once I have a copy of that waiver in hand I think it would greatly simplify the task of getting another one for my airship - and yes - possibly allow me to make some $$ with an Experimental aircraft!

Thanks in advance for everyone's input.

Cheers,

Ron

[WLIU]

My understanding is that each waiver lives in the files of the FSDO that issued it. I do not believe that there is a central repository. So start by tracking down the FSDO in who's district that company was based. Then hope that the ASI or the section chief has not retired. It sounds pretty unusual so if you can find the right office they will likely remember it.

Best of luck,

Wes
N78PS

[RonKMiller85750]

My understanding is that each waiver lives in the files of the FSDO that issued it. I do not believe that there is a central repository. So start by tracking down the FSDO in who's district that company was based. Then hope that the ASI or the section chief has not retired. It sounds pretty unusual so if you can find the right office they will likely remember it.

Best of luck,

Wes
N78PS

Thank you sir - hopefully I can narrow that down rapidly! :thumbsup: Called the San Diego FSDO and left a message.

[Bill Berson]

Well if the first and only experimental/ commercial hot air airship was destroyed on the first flight......

Might be harder to get a waiver now. Let us know what you find.

[martymayes]

Well if the first and only experimental/ commercial hot air airship was destroyed on the first flight......

Might be harder to get a waiver now. Let us know what you find.

For sure, even had it been the most successful endeavor in aviation, the Feds are under no obligation whatsoever to issue another waiver.

[RonKMiller85750]

Well if the first and only experimental/ commercial hot air airship was destroyed on the first flight......

Might be harder to get a waiver now. Let us know what you find.

My bad, I should have read the article more carefully. They had hundreds of successful test flight hours before it was destroyed during ground operations by trying to move it with two trucks:

"The envelope suffered significant damage from a catastrophic failure while undergoing ground operations at Brown Field in San Diego on June 22, 2002. The envelope was tied off to two trucks, one at the nose and one at the tail. The trucks both moved at the same time to reposition the airship into the wind. The combination of high internal envelope overpressure along with the uncoordinated, opposing pull on the nose and tail from both trucks caused the envelope to burst."

[RonKMiller85750]

For sure, even had it been the most successful endeavor in aviation, the Feds are under no obligation whatsoever to issue another waiver.

Agreed, but it sure would be nice to walk in there showing that one had been granted before - I think it will depend on the FSDO and the mood they're in that day. Time for Krispy Kremes!

[Bill Berson]

I am interested in this idea of getting waivers.
For example, FAR 103.5 mentions waivers. But how likely is a waiver to be granted?

I would like to get a waiver to operate a single place ultralight vehicle that weighs 240 pounds at 80kt over non congested areas. How likely is such a request to be reviewed or granted?

[WLIU]

Well, since you asked....

The FAA issues many Certificates of Authorizations and some Waivers. The scope of the two are different but if you submit the right paperwork they are issued routinely. I have done a bunch for aerobatics and skydiving, and I know folks who get them for banner towing and other specialized operations.

Typically, a Certificate of Authorization is issued to permit an operation that would otherwise be prohibited by the FAR's, with specific operating limitations. That is, the named individual or organization can fly an operation in a specific geographic area during specific times and dates, according to specified additional rules, and maybe with the pre-notification of ATC.

Waivers are more interesting and are issued much less frequently. A waivers gives authority to ignore a specific FAR, with much less oversight. So wherever practical, a Certificate of Authorization is issued.

An example of a waiver is for aerobatic contests the low altitude and distance from people rules are waived. An official contest box has a judges line and boundary judges located where an Unlimited competitor, flying down to 328' AGL is going to violate the 500' minimum to people rule. Can't avoid it and fly that competition category. The FAA recognizes that those ground based contest participants are briefed and knowledgable about the low altitude operation and is willing to issue a waiver in that case.

If you need some light reading, the issuance of a Certificate of Authorization or Waiver is detailed in the FAA's online Flight Standards Information Management System docs.

Now Part 103 stuff gets sketchy simply because an ultralight is not officially an aircraft. So the FAA officially does not regulate them. But if you are operating over non-congested areas, why would you need an FAA authorization anyway? But getting back to working within the system, putting an N-number on your flying machine would make it officially an aircraft and then you would have what the lawyers call "standing" to go talk to the local FSDO.

Enjoy,

Wes
N78PS

[martymayes]

I am interested in this idea of getting waivers.
For example, FAR 103.5 mentions waivers. But how likely is a waiver to be granted?

I would like to get a waiver to operate a single place ultralight vehicle that weighs 240 pounds at 80kt over non congested areas. How likely is such a request to be reviewed or granted?

Make your request on a form and in a manner prescibed by the administrator and see what happens.



Subpart J of Part 91, specifically 91.905 has a long list of operating rules subject to waivers. All the operator has to do is show the proposed operation can be conducted safely. I once did some work for a guy that had a 91.119 waiver for his operation.

[martymayes]

Now Part 103 stuff gets sketchy simply because an ultralight is not officially an aircraft. So the FAA officially does not regulate them.

Ultralight vehicles are indeed "regulated" by the FAA.

[WLIU]

"Make your request on a form and in a manner prescibed by the administrator"

For folks who are not familiar with how this is done, the form for applying for a Certification of Authorization or Waiver is FAA Form 7711-2. Templates are available online. Some parts of the form, mostly the back side, are specific to airshows and must be left blank by most applicants, but the entire front side must be filled out. The form is submitted to the FSDO for the geographic district that you operate from. You will need to submit a cover letter detailing the proposed operation. It is always good to reference the FSIMs chapter that covers issuing a C of A for your type of operation and explain how you fit into their guidelines.

The FAA issues a Certificate of Authorization or a Waiver on form 7711-1, with and attached letter containing Special Provisions that are legally part of the 7711-1. Plan on 45 days for approval if you are doing something that is common and/or you have previously worked with the FSDO. Obviously, if you are asking for something sketchy or unusual, approval may not occur.

An example of how ultralights are viewed by the FAA. There are/were two great guys who put together an airshow wing walking act using an ultralight aircraft. Creative and entertaining. I believe the Bob Essel flew as he was the larger and heavier guy and Jon Faulkner stood on top. The aircraft was a Quicksilver II. The FAA saw their act and invoked their rules that to fly in waiver-ed airshow airspace, you must have a certificated aircraft and the crew must hold FAA competency cards for their operation. So Essel and Faulkner did the obvious. The put the Quicksilver into the experimental exhibition category, registered it as an N-numbered aircraft, and got competency cards through ICAS. Lived happily ever after as far as I know.

That's how the system works.

Best of luck,

Wes
N78PS

[WLIU]

'Ultralight vehicles are indeed "regulated" by the FAA. '

Well the FAA says essentially "stay withing our guidelines and go away don't bother us."

As illustrated by my explanation of how they treated Essell and Faulkner their position is essentially that if you want to operate like a "real" aircraft, you have to do the paperwork and follow the rules for "real" aircraft. Period. So if you would like a Certificate of Authorization to operate your Part 103 Ultralight like a Part 23 aircraft, you can ask, but I would rate your probability of success as low. But I only work with a couple of FSDO's and will be the first to admit that every FSDO is a different FAA. So your experience may differ.

Best of luck,

Wes
N78PS

[martymayes]

I don't think Part 103 = "guidelines"

[Bill Berson]

Thanks Wes and Marty, hope this isn't thread jacking Ron's questions, perhaps it will interest him as well.

I see three options:
1) Waiver
2) Certificate of Authorization
3) Application for Airworthiness Certificate-Special Flight Permit

Not sure which ( or any of the three) options is best or needed for a one seat ultralight that exceeds the speed limit.
I will have a look at the Flight Standards Information Management System for ideas.
I am trying to find ways to save sport aviation. I prefer the freedom of FAR 103 with a waiver for improved performance, because the ultralight rule allows for completed airplanes sales, while sales of kit planes are restricted to 49% and other requirements on operations, pilot certificates, flight review, etc.

[RonKMiller85750]

Thanks Wes and Marty, hope this isn't thread jacking Ron's questions, perhaps it will interest him as well.

I see three options:
1) Waiver
2) Certificate of Authorization
3) Application for Airworthiness Certificate-Special Flight Permit

Not sure which ( or any of the three) options is best or needed for a one seat ultralight that exceeds the speed limit.
I will have a look at the Flight Standards Information Management System for ideas.
I am trying to find ways to save sport aviation. I prefer the freedom of FAR 103 with a waiver for improved performance, because the ultralight rule allows for completed airplanes sales, while sales of kit planes are restricted to 49% and other requirements on operations, pilot certificates, flight review, etc.

I'm still tuned in and thanks! :thumbsup:

[Jim Hann]

Ultralight vehicles are indeed "regulated" by the FAA.
No they aren't "regulated," they are defined in 14CFR103.1:

§ 103.1 Applicability.This part prescribes rules governing the operation of ultralight vehicles in the United States. For the purposes of this part, an ultralight vehicle is a vehicle that:
(a) Is used or intended to be used for manned operation in the air by a single occupant;
(b) Is used or intended to be used for recreation or sport purposes only;
(c) Does not have any U.S. or foreign airworthiness certificate; and
(d) If unpowered, weighs less than 155 pounds; or
(e) If powered:
(1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation;
(2) Has a fuel capacity not exceeding 5 U.S. gallons;
(3) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and
(4) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.

And the rules say they don't have to follow the rules:

§ 103.7 Certification and registration.(a) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, ultralight vehicles and their component parts and equipment are not required to meet the airworthiness certification standards specified for aircraft or to have certificates of airworthiness.
(b) Notwithstanding any other section pertaining to airman certification, operators of ultralight vehicles are not required to meet any aeronautical knowledge, age, or experience requirements to operate those vehicles or to have airman or medical certificates.
(c) Notwithstanding any other section pertaining to registration and marking of aircraft, ultralight vehicles are not required to be registered or to bear markings of any type.

[Bill Berson]

FAR103 is a regulation. The regulation covers all operating rules for ultralight operation. FAR 91 compliance is not required at all when operating FAR 103.

This is interesting: I found the guidance for a waiver application in FAA 8900.1 * (see link below)thanks Wes.
It says: "if the regulation contains the word waiver, then regulatory flexibility will be referred to as waiver"
Since FAR103.5 mentions waiver, I should apply for a waiver. (I think)

Other choices are Deviation, Authorization or Exemption depending on applicable FAR.

In my case, I may ask for waiver flexibility based on the fact that I hold a pilot certificate. Since I have complied with the pilot requirements, the public would not be impacted if I fly at higher speeds than what FAR103 allows for non-certificated ultralight pilots. This waiver would allow me to operate new low drag, efficient aircraft designs that might exceed 55kt even with very low horsepower.
Bill

*http://fsims.faa.gov/wdocs/8900.1/v03%20tech%20admin/chapter%2002/03_002_001.htm

[martymayes]

In my case, I may ask for waiver flexibility based on the fact that I hold a pilot certificate. Since I have complied with the pilot requirements, the public would not be impacted if I fly at higher speeds than what FAR103 allows for non-certificated ultralight pilots. This waiver would allow me to operate new low drag, efficient aircraft designs that might exceed 55kt even with very low horsepower.

So the 55 kt speed limit is not in itself a limitation, correct? Your otherwise compliant design may go too fast due to low drag.

[Bill Berson]

So the 55 kt speed limit is not in itself a limitation, correct? Your otherwise compliant design may go too fast due to low drag.
FAR103 limits the speed to 55kt . But EAA officials have said the FAA is not really concerned with enforcing speed and maybe other criteria as long as it is one seat.
The ultralight rule did not anticipate low drag ultralight designs. Allowing new design development is a proper use of waivers, according to the FAA 8900.1 document.
I am hoping for 100mpg at some point. This would be in the public interest, I feel.

[RonKMiller85750]

Ummm, guys... this is REALLY getting off track, perhaps time for a new thread regarding ultralights, et al? Thanks.

[Bill Berson]

Ron, I am done here
The waiver form you will need is at the link I posted in post #18.

Is there anything else you need?

[tonycondon]

I would start out by spending the $10 and ordering the CD for the aircraft you're wondering about. I would think the waiver might be in there, or at least the operating limitations, it could give you a good starting point.

[RonKMiller85750]

Ron, I am done here
The waiver form you will need is at the link I posted in post #18.

Is there anything else you need?

I'm good - and thanks for you input, much appreciated.

[RonKMiller85750]

UPDATE:

No joy with the DAGO FSDO on finding the waiver, they are required to purge their files every couple of years. Looks like I'm on my own to get a waiver from Phoenix.

Should be an interesting pursuit! :eek: