Parisi-USCPSC 2006

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U.S. Department
o f Transportation
Federal Aviation
Administration
April 2, 2006
Ms. Barbara E. Parisi
Regulatory Affairs Division
Office of the Chief Counsel
U.S. Consumer Product Safety Commission
Washington, D.C. 20207
Dear Ms. Parisi:
Office of the Chief Counsel
800 Independence Ave., SW.
Washington, DC 20591

This letter responds to your Febrnaiy 9, 2006, request regai·ding confm nation of the Federal Aviation Administration's (FAA) regulatory jurisdiction over motorized pai·agliders. The FAA's general authority to regulate aircraft is set forth in § 44701 of Title 49, United States Code. That section states, in pertinent paii, that:

The Administrator of th e Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing - (1) minimum standards required in the interest of safety for applian ces and for the design, material, constrnction, quality of work, and perfonnance of aircraft, aircraft engines, an d propellers;

(2) regulations an d minimum stan dai·ds in the interest of safety for- (A) inspecting, servicing and overhauling aircraft, aircraft engines, propellers and appliances;

Pai·agraph (a)(5) of th at section fmth er states that the Administrator shall prescribe "regulations and Ininimum standai·ds for other practices, methods, and procedure the Administrator finds necessaiy for safety in air commerce and national security."

To cai1y out this man date the FAA has issued regulations in Title 14, Code of Federal Regulations (14 CFR). Part 91 of that title prescribes rnles governing the operation of aircraft within the United States and its coastal waters. The FAA, in§ 1.1 of 14 CFR, broadly defines an aircraft as "a device th at is used or intended to be used in flight in the air."

The FAA, however, has excepted the operation of ultralight vehicles from Paii 91 under th e provisions of§ 91. l(a). The agency regulates the operation of ultralight vehicles in Paii 103 of 14 CFR. Section 103.1 of that paii specifically defines an ultralight vehicle as a vehicle that:

(b) Is used or intended to be used for recreation or sport pmposes only;

(e) If powered:

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(1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation;

(3) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and (4) Has a power-off stalling speed which does not exceed 24 knots calibrated airspeed.

The operation of a motorized paraglider is therefore subject to the regulatory jurisdiction of the FAA. A motorized paraglider that meets the definition of an ultralight vehicle is subject to the requirements of part 103. If the motorized paraglider does not meet the parameters for an ultralight vehicle as specified in § 103.1 its operation is subject to regulation under part 91 and other applicable regulations.

If you have any further questions please contact Mr. Paul Greer of my staff at (202) 267-7930.

Sincerely,

Rebecca MacPherson

Assistant Chief Counsel, Regulations