Combining Mixed-Use Flight Operations Safely at Airports (2016)

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73 An ultralight vehicle is a special type of vehicle allowed to operate in the air by FAA under its own regulatory statute, Part 103, which was promulgated in 1982 (14 CFR 103). FAA chose to not regu- late ultralights in the same way it regulates certificated aircraft. For this reason, ultralights are not considered an aircraft under the FAA regulatory provisions and therefore are not issued any form of an FAA airworthiness certificate. Instead, they are referred to as vehicles. Certain operating restrictions are placed on the ultralight vehicle and its pilot under 14 CFR Part 103. Despite not being considered an aircraft, ultralight operation is an aeronautical activity and therefore is permitted at airports that have federal obligations, or that are subject to sponsor assurances. An ultralight vehicle can be unpowered (balloon, glider, hang glider, weight-shift trike, or para- glider) or powered (airships, powered parachutes, helicopters, gyrocopters or rotorcraft, airplane, or anything with means of horizontal propulsion), provided they meet the following requirements: • Has single occupancy. • Used for sport or recreational purposes only. • Has no airworthiness certificate. • If unpowered (i.e., balloons, gliders, WSCs and hang gliders), it weighs less than 155 lbs. • If powered, an ultralight has – an empty weight less than 254 lbs – a fuel capacity no greater than 5 gallons – full power airspeed no greater than 55 knots (64 mph) – power-off stall speed less than 24 knots (28 mph). The term “ultralight” is used in the United States for vehicles that are single seat and do not require a pilot certificate. A term commonly used in Europe is “microlight.” Microlight is a classification within the Fédération Aéronautique Internationale, which establishes regulations for air sporting events worldwide. The fédération classification includes aircraft that are heavier than U.S. ultralights, can have two seats, or can require a pilot certificate. In the United States, a vehicle with any of those conditions would fall under the LSA classification, unless an exemption is granted by the FAA. The FAA has issued exemptions of the single seat rule to qualifying organizations involved in training. Exempted ultralights can be used only for instructional purposes. Ultralights are not required to meet the same performance and manufacturing standards required of certificated aircraft, which are issued airworthiness certificates. Because ultralights are not cer- tificated as aircraft, the vehicles do not need to meet any maintenance requirement. A certificated aircraft can only be flown by a licensed pilot, whereas an ultralight pilot is not required to be licensed. Nor are pilots of ultralight vehicles required to meet any aeronautical knowledge, age, or experience requirements prior to operating the vehicle. This understanding is important for security and law enforcement officials asking an ultralight pilot to show a pilot license or an airworthiness certificate for the vehicle. The pilot is not required to have either. SELF-REGULATION Despite not being considered an aircraft, ultralight operation is an aeronautical activity by definition. Therefore, it is permitted at airports that have federal obligations, or at those subject to sponsor assur- ances. Ultralights can be restricted or prohibited at airports if the FAA agrees with an airport or ATC safety assessment. Chapter two provides a discussion on safety assessments. Appendix F provides one airport’s rules and regulations. chapter thirteen ULTRALIGHTS

74 Part 103 does prohibit the operation of an ultralight over congested areas. However, the term “congested area” has not been defined by the FAA or the NTSB. Instead, it is determined on a case- by-case basis in which a number of different factors are evaluated (R.B. MacPherson, personal communication to L. Simmons, March 8, 2010). The operators of ultralight vehicles are responsible for assessing the risks involved and assuring their personal safety. Part 103 assumes that an individual who elects to fly an ultralight vehicle has assessed the dangers involved and assumes personal responsibility for his or her safety. Part 103 rules are intended to assure the safety of those not involved in the sport, such as persons and property on the ground and other users of the airspace. Safety of aircraft operations on the airport is always a prime consideration for any airport operator. Therefore, the airport owner or manager has a responsibility for determining the compatibility of operating the various classes of aircraft on the airport. If an ultralight pilot seeks to operate from an airport, the airport owner has the authority to manage safety through appropriate measures and can grant or deny permission to operate. If the airport is obligated to meet grant or planning assur- ances, then “reasonable accommodations” becomes the operative term. Unless the airport sponsor can demonstrate a negative impact to overall safety and airspace efficiency at the airport, the reason- able accommodation provision of the sponsor assurances would warrant any aeronautical activity to be allowed. It is expected that off-airport operations would require the permission of the landowner. In that regard, local zoning or state regulations may apply. FAA has the legal authority to inspect any ultralight, whether it is operated as an aircraft under Part 91 or as an ultralight vehicle under Part 103. A fatal accident involving an ultralight falls under the purview of the NTSB and can be investigated by the board. The NTSB can also choose to delegate investigations of accidents or incidents to the FAA. LIGHT SPORT AIRCRAFT If a pilot seeks to carry a second person or conduct commercial training in an ultralight, he or she cannot do so under the ultralight rules. They must upgrade to the LSA category, or obtain an exemption to Part 103 from FAA. The LSA category of aircraft was created in 2004 to help meet an aviation need for a simple, low-cost option to full aircraft and pilot certification. The LSA category bridges the gap between the limitations of an ultralight and the full certification of larger aircraft. The FAA’s intent behind establishing the LSA category was to provide for safety with a minimum amount of regu- lation. The LSA category does place limitations on weight, power, pilot certification, and maintenance, but allows a more affordable option for people to enter into and enjoy the realm of flight. Operators of LSA aircraft are to have a sport, recreational, private, or other license. LSAs are to be used for sport, recreation, flight training, and aircraft rental only. No LSA or aircraft having an airworthiness certificate can operate under Part 103. LSA are registered as aircraft with the FAA and receive an FAA registration N-number. The LSA category of aircraft can include airplanes (land or sea), gyroplanes, rotorcraft, airships, balloons, weight-shift control vehicles (land or sea), gliders, and powered parachutes. AIRSPACE ACCOMMODATION Separation is a key component to integrating ultralight activity safely into the airport environment. To the extent possible, separating ultralights from other aeronautical activity can enhance overall safety of airport operations. FAA’s interest and responsibility toward ultralights is to ensure the safety of other airspace users and persons and property on the ground. At uncontrolled airports, it is the ultralight operator’s responsibility for “see-and-avoid” and right-of-way procedures. Airport operators can enhance the safety of operations by establishing policies, standards, and rules and regulations, and by separating to the extent possible ultralight activities from other aeronautical activities. A culture of safety awareness can arise from enforcement of the same policies and rules.

75 Although ultralight vehicle operators are not required to demonstrate any aeronautical knowledge or experience, failure to recognize and avoid certain airspace can be hazardous. It can also place the operator in violation of FAA regulations. Part 103 states that no person may operate an ultralight vehicle within an airport traffic area, control zone, terminal control area, or positive control area unless that person has prior authorization from the air traffic control facility having jurisdiction over the air- space (14 CFR 103, 103.17). Guidance on operating in controlled airspace can be found in AC 103-6, Ultralight Vehicle Operations—Airports, Air Traffic Control, and Weather (FAA 1983a). Operations outside of ATC airspace or at uncontrolled airports do not require a pilot to have a radio. Aircraft with- out radios or those they fail to operate are routinely referred to as NORDO (NO RaDio Operation). The design and weight limitations of an ultralight do not lend the vehicles to having radios routinely installed, although ultralight pilots can and often do carry handheld radios to communicate with ATC, other traffic, or with each other. At uncontrolled airports, there is no requirement for a pilot to have a radio, though good practice suggests doing so. For operations at uncontrolled airports, AC 90-42F provides guidance (Advisory Circular 90-42F 1990a). In this study, few ultralights were noted to have been based or to operate from tower-controlled airports. Permission to operate in ATC airspace requires any pilot to obtain and coordinate authoriza- tion beforehand. Generally, this is accomplished through a radio while in the air, but authorization can also be accomplished through telephone, personal visit, or similar communication. According to AC 103-6, controllers can authorize ultralight operations provided they will not interfere with, and can be kept relatively clear of, normal aircraft operations. An ATC controller has discretionary authority to disallow an activity if safety and airspace efficiency is a concern. This authority refers to ATC’s responsibility to operate an efficient airspace system, a condition that allows controllers to deny or restrict certain classes or kinds of aeronautical activities. A common practice for ultralight operators without a radio is to call and communicate with an air traffic facility prior to operating within its jurisdiction. Usually, light gun signals will be arranged, or altitude and directional information will be provided. Even while in communication with an air traffic facility, ultralight pilots will only receive advisory notices, rather than receive ATC separation services. Those services are typically available to only regular aircraft. When communicating with ATC, it is common practice for an ultralight pilot to state the word “ultralight” when communicating its type identification. At uncontrolled airports, the responsibility for separation of aircraft falls under the concept of see-and-avoid and right-of-way procedures. It is solely the ultralight pilot’s responsi- bility to avoid a conflict with aircraft and other ultralights. Ultralight vehicles are to yield the right of way to aircraft, per Part 103. By their nature, ultralights fly at low altitudes and at slower speeds than other aircraft. For these reasons, establishing a separate takeoff and landing area or a different traffic pattern helps improve safety of operation. If operating from turf, a graded area free of holes, muddy spots, rocks, dips in the terrain, high grass, and other objects prevents problems during takeoff and landing. Appendix Q is a traffic pattern diagram from the Pikes Peak Paragliding Club and the Meadow Lake Airport Association in Colorado Springs, Colorado. Individuals operating a powered paraglider at Meadow Lake are required to read the procedures, receive a briefing from a club member, and sign a letter acknowledging both actions and agreeing to follow these procedures Because of their weight and power constraints, all ultralights and LSA are affected by their ability to operate in strong winds. For this reason, the alignment of a runway or the presence of obstacles close to a landing or takeoff area can pose a safety risk. Generally, winds need to remain under 10 mph for many ultralights. Winds of 15 mph are generally considered unsafe. Other concerns related to ultralights are: • Because of possible lower operating altitudes, noise intensity can be higher from powered ultralights. • Lower altitudes can create a perception in the general populace of ultralights not being safe. • Both ultralights and LSA fly significantly slower than normal category airplanes. • Ultralights can exhibit very steep takeoff and approach angles.

76 • Within a traffic pattern, turns in an ultralight turns will generally be made sooner and closer to the runway than with a normal aircraft, so as to clear the area expediently. • Takeoff and landing distances will be considerably shorter than normal category aircraft. HANG GLIDING The United States Hang Gliding & Paragliding Association has developed a number of recommended procedures for their sport to help ensure safety. The guidelines call for handouts, postings, or site familiarizations that include information on launch and landing location and elevation, names of access roads, radio frequency for local emergency crew contact, site protocols, required or recommended skill ratings, safety equipment, maps including street names and addresses, and specific directions to launches and landing fields. At an airport, hang gliders are normally towed into the air by a powered aircraft. To do so, an ultra- light pilot rides a dolly that is towed by an aircraft, as shown in Figure 31. Figure 32 shows a powered ultralight vehicle towing an unpowered WSC hang glider positioned on a dolly. Safe practice suggests a released dolly be retrieved from the operating area so to not constitute a hazard to others. Hang gliding pilots will often be equipped with a ham-type radio or a cell phone. The hang gliding and paragliding association has several licensed business band frequencies. The band 151.625 is for emergency purposes, as is 146.520, which is the national simplex frequency used by any licensed ham radio operator. The frequencies do not interfere with any radio repeater in the country. FIGURE 31 WSC hang glider positioned on a dolly for takeoff (Credit: A. Elchin, Highland Aerosports, Ridgely, Maryland. Used with permission.). FIGURE 32 Powered ultralight towing an unpowered WSC hang glider set on a dolly (Credit: A. Elchin, Highland Aerosports, Ridgely, Maryland. Used with permission.).

77 POWERED PARACHUTES AND GLIDERS There are two types of powered parachutes (also known as parafoils or paragliders). There are Paraplane™ and foot- or dolly-launched versions of it. A Paraplane has a tricycle landing gear with a seat and engine/propeller suspended below a high-performance rectangular parachute (Figure 33). Substitute a rotor for the parachute and you have a gyroplane. The Paraplane normally takes off and lands on a designated clear or runway area. The foot- or dolly-launched clone versions of the Paraplane also have a small engine with a pro- peller mounted inside a wire cage. However, the engine is strapped to the back of the pilot and is often called a paramotor. The pilot starts running to inflate the parachute, or a vehicle-pulled dolly is used. A seat or harness supports the pilot once airborne. Foot- or dolly-launched paramotors can take off wherever adequate space exists, not just at airports. They are often found soaring along foothill areas of mountains, similar to hang gliders. Using an unpowered parachute towed by a boat or vehicle is termed parasailing. POWERED WEIGHT-SHIFT CONTROL (TRIKE) A parawing is an aircraft that has rigid leading edges rather that the inflatable edge of a powered parachute or paraglider. A parawing trike is a powered ultralight based on a hang glider–type wing, but with a tricycle geared undercarriage incorporating the pilot seating and a pusher-type propeller and engine (Figure 34). “Trike” is the industry term for both ultralight vehicles and LSA WSC aircraft that FIGURE 33 Powered trike paraglider (Source: https://en.wikipedia. org/wiki/Powered_parachute. Public domain.). FIGURE 34 Powered parawing trike (Credit: S. Quilty, SMQ Airport Services, Lutz, Florida. Used with permission.).

78 have the body and landing gear feature. A WSC aircraft is a powered aircraft with a framed pivoting wing and a fuselage controllable in pitch and roll only by the pilot’s ability to change the aircraft’s center of gravity with respect to the wing (FAA 2008b). Flight control of the aircraft depends on the wing’s ability to flexibly deform, rather than the use of control surfaces. WSC aircraft are single- and two-place trikes that can be either an ultralight vehicle or an LSA, depending upon its weight and the number of seats. AIRFIELD ACCOMMODATION The definition of an airport under 14 CFR Part 157 means any airport, heliport, helistop, vertiport, gliderport, seaplane base, ultralight flightpark, manned balloon launching facility, or other aircraft landing or takeoff area. Under federal and most state regulations, continued use of an area for ultralight operations would require the registration of the operating area or site. There are no FAA standards for the geometric design of a runway intended to serve ultralight vehicles exclusively. Because the FAA does not identify an ultralight as an aircraft but rather a vehicle, ultralights can be operated on and off any suitable surface. The FAA does reference in AC 150/5300-13A, Airport Design, that turf standards can be applied to a flightpark or ultralight runway design (FAA 2012c). AC 150/5370-10G, Standards for Specifying Construction of Airports, provides guidance on the types and attributes of turfing (FAA 2014b). An airport owner or manager can designate certain areas of an airport as suitable for any type of ultralight or normal aircraft category operation. AC 150/5300-13 provides guidance on drainage, compaction, gradient, approach clearances, and boundary marking for operating from a turf area. For an airport paved surface, the design AC suggests using the standards associated with small aircraft having approach speeds of more than 50 knots, and less than 50 knots, respectively. Several airports in the AFD and Form 5010 review were found to have identified and designated turf landing areas adjacent to a runway or taxiway available for ultralights and gliders (see the chapter fifteen case example on Arlington Municipal Airport in Washington). Several other airports were found to expressly disallow turf operations. The FAA allows an airport operator to attach a “U” suffix to a runway designation to signify it is for ultralights only. The runway does not need to have designation markings. Only one airport was observed in all the AFDs descriptions to have a runway designated with a U for ultralight. Several had remarks that a runway was to be used for ultralights, but they did not have the U designation. See Appendix G for a list of AFD remarks regarding ultralight operations. Ultralights are often stored off airport and are transported by trailer from home storage (Figure 35). An airport operator can establish reasonable policies and rules for access to the airport, including training requirements. However, they cannot deny an ultralight operator access unless FAA concurrence is provided. The exceptions are private airports or those airports not federally or state-obligated under the sponsor assurances. An airport operator who believes it is unsafe to accommodate ultralights can request an FAA safety assessment of the proposed operations. See chapter three for more information on safety assessment. Similar to skydiving operators, ultralight operators have a passion for their sport. They often con- gregate on weekends to participate and socialize. Support facilities such as campsites, bunk houses, meeting rooms, toilet facilities, hangar assembly buildings, and parking are the norm. An airport operator needs to give consideration to operating rules and regulations, policies, and lease agreements that spell out what is allowable and what is not. NOTICES TO AIRMEN A NOTAM issued for hang gliding, powered parachute, or other ultralight activity will contain infor- mation on the radius area around an airport, upper and lower airspace limits, duration of activity, and other remarks as necessary. NOTAMs are issued for NPIAS airports. Ultralight activity often

79 occurs at airports that are private or not listed. For those airports, a NOTAM would require reference from either the nearest public-use airport or the closest VHF omnidirectional range navigational aid. Appendix G provides examples of ultralight remarks contained in the AFD. Examples of NOTAMs from JO 7930.2P are: • HANG GLIDERS WITHIN AN AREA DEFINED AS 2NM RADIUS OF BRK205018 SFC- 10000FT 1312141400-1312141830EST • GLIDERS WITHIN AN AREA DEFINED AS 2NM RADIUS OF MTU2700050 (5NM E U69) SFC-10000FT 1312141400-1312141830EST FIGURE 35 WSC aircraft transported in a trailer (Source: FAA 2008a.).