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Parachute Operations
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[Federal Register: May 9, 2001 (Volume 66, Number 90)]
[Rules and Regulations]
[Page 23543-23557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my01-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 65, 91, 105, 119
[Docket No. FAA-1999-5483; Amendment No. 65-42, 91-268, 105-12 and 119-
4]
RIN 2120-AG52
Parachute Operations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This rule amends regulations that govern parachute operations.
Amendments to these regulations reflect changes in the requirements
applicable to radio communications, airspace classification, parachute
packing, tandem parachute operations, and foreign parachutists. Through
this rule, the FAA intends to enhance the safety of parachute operation
in the National Airspace System (NAS).
EFFECTIVE DATE: July 9, 2001.
FOR FURTHER INFORMATION CONTACT: Ellen Crum, Airspace and Rules
Division, ATA-400, Air Traffic Airspace Management Program, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591, telephone (202) 267-8783; or Randy Montgomery, Flight Standards
Service Division, AFS-340, General Aviation and Commercial Branch,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591, telephone (202) 267-3155.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
You can get an electronic copy using the Internet by taking the
following steps:
(1) Go to the search function of the Department of Transportation's
electronic Docket Management System (DMS) Web Page (http://dms.dot.gov/
search).
(2) On the search page type in the last four digits of the Docket
number shown at the beginning of this final rule. Click on ``search.''
(3) On the next page, which contains the Docket summary information
for the Docket you selected, click on the final rule.
You can also get an electronic copy using the Internet through
FAA's web page at http://www.faa.gov/avr/armhome.htm or the Federal
Register's web page at http://www.access.gpo.gov/su_docs/aces/
aces140.html.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this final
rule.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996, requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. Therefore, any small entity that has a
question regarding this document may contact their local FAA official,
or the person listed under FOR FURTHER INFORMATION CONTACT. You can
find out more about SBREFA on the Internet at our site, http://www.gov/
avr/arm/sbrefa.htm. For more information on SBREFA, e-mail us 9-AWA-
SBREFA@faa.gov.
Background
In 1991, the FAA initiated a review of part 105, which was
originally published in 1962 to determine if the regulation continued
to reflect current practices and equipment used in the industry. Among
other information, the FAA studied reports received from the Aviation
Safety Reporting System (ASRS), the National Transportation Safety
Board (NTSB), Air Traffic Unsatisfactory Condition Reports (UCR), and
recommendations from the Air Traffic Procedures Advisory Committee and
the National Air Traffic Controllers Association (NATCA). Upon
completion of the review, the FAA determined that the regulation
required revision to be consistent with the parachute equipment used
today and current industry practices.
An example of changes that have taken place in the parachute
industry since the time part 105 was published is the development of
dual-harness, dual parachute systems designed to carry more than one
person at a time. In 1983 the FAA began receiving petitions for
rulemaking and exemption, requesting changes to the rule allowing use
of this equipment. During the 1990's, the FAA received petitions for
rulemaking to allow foreign parachutists to jump in the United States
without an exemption. Additionally, petitioners
[[Page 23544]]
requested removal of the requirement for static line assist devices
when ram air parachutes were used.
The following is a detailed discussion of these petitions and the
FAA's rationale for making the regulatory changes in this final rule.
Petitions for Exemption and Rulemaking
Tandem Parachute Operations
When part 105 was published in 1962, civilian parachute operations
were limited to the use of a single-harness, dual-parachute pack. Since
then, the parachute industry has developed dual harness systems that
support two people under a single parachute. Because part 105 currently
allows parachute operations with single-harness parachutes only, the
use of parachute equipment capable of supporting two people has only
been authorized by exemption. For purposes of the exemptions, the FAA
and the parachuting industry have adopted the term ``tandem'' to
describe those parachute operations that use a dual-harness, dual-
parachute system.
The first exemption authorizing tandem parachute operations in the
United States was granted to Strong Enterprises and Relative Workshop
by the FAA in 1984. Since then more than 2.5 million experimental
tandem parachute jumps have been conducted under exemption authority in
the United States and abroad. Under the exemptions, various companies
conducting tandem parachute operations were required to furnish the FAA
with accident statistics on tandem operations, which provided the FAA
with the means to evaluate the safety of tandem equipment compared to
the safety of equipment and operations currently permitted under part
105.
In July 1997, the United States Parachute Association (USPA)
submitted a petition for rulemaking requesting that the FAA permit
tandem parachute operations. While considering the USPA petition, the
FAA reviewed accident statistics from 1991 through 1996. Based on the
information collected during the review, the FAA has determined that
experimental tandem parachute operations conducted under an exemption
from part 105 have demonstrated that tandem operations can be conducted
safely.
Many of the new regulations applicable to tandem parachute
operations are based on terms and conditions previously contained in
exemptions. Although an exemption will no longer be required to conduct
a tandem parachute operation, the FAA has written the regulations to
include terms similar to those previously contained in the exemptions.
The FAA believes that the continued use of the practices and procedures
proven to be safe under exemption will ensure continued safety in these
operations. The specific terms and conditions adopted will be discussed
under the comment section.
Static-Line Assist Devices
The USPA submitted a petition in July 1997 requesting that the FAA
omit the requirement for using a static-line when using direct-
deployed, ram-air parachutes. As a basis for its request, the USPA
cited a series of tests it performed to determine if assist devices
improved the reliability of the static line direct deployment of a ram-
air canopy. The tests showed that an assist device does not improve the
deployment reliability when used with a static line. Moreover, there
was no evidence of adverse effects when the device is removed. As a
result of these tests, the FAA has concluded that safety would not be
compromised by removing the static-line assist device requirements for
ram-air parachutes.
Equipment and Packing Requirements for Foreign Parachutists
The USPA submitted a third petition for rulemaking in July 1997
requesting that the FAA allow foreign parachutists to make parachute
jumps in the United States using their own equipment.
The current regulations require that parachute equipment used in
operations conducted within the United States meet the standards set
forth under part 105. The practical impact of this requirement is that
foreign parachutists could not use their own equipment, usually
manufactured in another country, when participating in parachute
operations in the United States. The FAA has issued exemptions to
organizations sponsoring parachuting events attended by foreign
parachutists. This long time practice has demonstrated that operations
conducted under these exemptions have been conducted safely.
Additionally, the FAA recognizes that foreign manufacturers of
parachute equipment often meet U.S. standards.
Notice of Proposed Rulemaking
Based on the review, petitions received, and the collection of data
regarding parachute operations, the FAA published a notice of proposed
rulemaking (NPRM) (64 FR 18302), on April 13, 1999. The FAA proposed
numerous changes, including: (1) Changes in response to the airspace
reclassification rule, (2) changes to air traffic control communication
requirements, (3) changes to reflect improved parachute design, and (4)
changes in industry practices. The notice provided for a 90-day comment
period that closed on July 12, 1999.
In response to the NPRM, the FAA received 71 comments. Among the
comments received were several comments that are outside the scope of
the rule; therefore, those comments will not be addressed in this
rulemaking. While the majority of comments submitted to the public
docket were from parachutists, comments were also received from drop
zone operators; pilots; the Illinois Department of Transportation; the
U.S. Department of the Army; the United States Parachute Association
(USPA); the U.S. Department of Agriculture, Forest Service; Southwest
Airlines Pilots' Association the Aircraft Owners and Pilots Association
(AOPA); and the Air Line Pilots Association (ALPA).
The following is a discussion of the substantive comments received
in response to the NPRM. Sections that received no comments are not
included in this discussion, and are incorporated in the final rule as
proposed in the Notice.
Discussion of the Comments
Section 65.111 Certificate Required
Proposal: The FAA proposed to revise paragraph (b) of current
Sec. 65.111, Certificate required, which in part, requires that anyone
who packs, maintains, or alters a main parachute of a dual parachute
pack to have an appropriate current certificate issued under subpart F
of part 65. This paragraph also allows non-certificated persons to pack
a main parachute of a dual parachute pack that is to be used by that
person for intentional jumping.
In the NPRM, the FAA proposed to allow persons to pack a main
parachute under the supervision of a certificated parachute rigger or
to allow a parachutist in command to pack a main parachute for tandem
parachute operations. The FAA also proposed to add the word ``next'' to
the provision that a person may pack a main parachute if that person
intends to make the ``next'' parachute jump using that parachute.
Comments: One commenter supports the proposed rule language.
Several commenters, including Skydive Delmarva, Inc. do not agree with
proposed Sec. 65.111. Skydive Delmarva, Inc. suggests adding a new
paragraph which would allow persons authorized in writing by a
certificated rigger to pack main parachutes without supervision.
Further, Skydive Delmarva, Inc.
[[Page 23545]]
requests that the FAA authorize organizations, other than the FAA, to
issue parachute rigger certificates.
FAA response: Skydive Delmarva Inc.'s comment to allow a non-
certificated person to receive permission in writing from a
certificated rigger to pack a main parachute was not addressed in the
NPRM. As a consequence, the comment goes beyond the scope of this
rulemaking. This comment will not, therefore, be addressed in the final
rule.
The FAA disagrees, for safety reasons, with Skydive Delmarva's
request to allow persons authorized in writing by a certificated rigger
to pack main parachutes without supervision. Further, in response to
Skydive Delmarva's request to authorize organizations, other than the
FAA, to issue parachute rigger certificates, the FAA recognizes and
currently allows designated parachute rigger examiners (DPRE's), who
are not FAA employees, to issue parachute rigger certificates.
Therefore, Sec. 65.111 is adopted in the final rule as proposed.
Section 105.3 Definitions
The FAA proposed to define the terms ``approved parachute,''
``automatic activation device,'' ``drop zone,'' ``fatal injury,''
``foreign parachutist,'' ``freefall,'' ``main parachute,'' ``object,''
``parachute drop,'' ``parachute jump,'' ``parachute operation,''
``parachutist,'' ``parachutist in command,'' ``passenger parachutist,''
``pilot chute,'' ``ram-air parachute,'' ``reserve parachute,''
``serious injury,'' ``single-harness, dual-parachute system,''
``supervision,'' ``tandem parachute operation,'' and ``tandem parachute
system.''
The following is a list of proposed definitions, on which the FAA
received comments, and the FAA response to those comments. Definitions
that were included in the proposal, but not commented on are included
in the final rule as proposed. However, definitions for ``foreign
parachutist,'' ``parachute drop,'' ``parachute operation,'' and
``parachutist,'' have been changed for further clarification. The
definitions for ``fatal injury'' and ``serious injury'' are deleted
from the final rule.
Automatic Activation Device (AAD)
Proposal: The FAA proposed to define an ``automatic activation
device'' as a self-contained mechanical device attached to a parachute,
other than a static line, which automatically initiates parachute
deployment at a preset altitude, time, percentage of terminal velocity,
or combination thereof if that parachute has not been manually
activated.
Comments: Several commenters object to the proposed definition for
the AAD. One of these commenters states that the definition should be
deleted because AAD's ``are not approved, reviewed, or certificated,''
therefore, they should not be addressed in this rulemaking. Another
commenter states that ``AAD'' should be defined as ``a self-contained
mechanical or electro-mechanical device,'' because this definition
accurately describes the type of equipment currently used in the
parachute industry.
FAA response: The FAA disagrees that the definition for AAD should
be deleted, but it agrees that the term ``electro-mechanical device''
should be added to the definition.
The FAA concluded that a definition for AAD should be included in
this final rule because parachutists frequently use this equipment
today. The fact that parachutists voluntarily rely on the AAD for their
safety is a testimony to its value. The FAA's required use of an AAD on
tandem parachute system reserve parachutes further attests to the added
protection afforded by the use of this device.
The FAA agrees with the commenter who recommended that the term
``electro-mechanical device'' should be added to the definition of AAD.
Upon receipt of this comment, the FAA reviewed the design and
construction of AAD's. Three types of AADs exist; the first type is
purely mechanical, or battery activated; the second type is a
microprocessor, which has a mini computer; the third type of AAD, which
is most frequently used today, combines the battery and computer
processor to create an electro-mechanical AAD. Given that this AAD is
the most frequently used, adding the phrase ``electro-mechanical'' to
the definition provides the most accurate description of AAD's used
today. Therefore, the FAA has added this phrase to the definition.
The FAA also amends the proposed definition for the term ``AAD'' in
two other respects. First, the definition states that the AAD is
attached to the interior of the reserve parachute container, instead of
the parachute itself. Second, the definition is corrected to state that
the AAD initiates deployment of the reserve parachute, which is a more
accurate description of the AAD's operation that what was originally
proposed.
Direct Supervision
Proposal: The FAA proposed to define the term ``supervision'' as
the act of a certificated rigger personally observing the packing of a
parachute by a noncertificated person to the extent necessary to ensure
that it is being done properly.
Comments: Several commenters recommend revising the proposed
definition of the term ``supervision'' to include that the certificated
rigger is readily available in person for consultation. One commenter
recommends that the definition be amended to state that a certificated
rigger also ``. . . takes responsibility for that packing.''
FAA response: The FAA agrees with the comment that a certificated
rigger needs to be available during the packing process. The FAA has
adopted a revised definition in the final rule to address this concern
by changing ``supervision'' to ``direct supervision.'' Although the
term ``direct supervision'' was not used in the NPRM, the FAA believes
that adding the word ``direct'' clarifies the FAA's intent that a
certificated rigger must be on the premises during the parachute
packing process. The certificated rigger's presence ensures that he/she
is readily available in person for consultation.
In addition, the FAA agrees with the commenters that direct
supervision includes taking responsibility for the packing. Therefore,
the phrase ``and takes responsibility for that packing'' has been added
to the term ``direct supervision'' in the final rule.
Fatal Injury
Proposal: The FAA proposed to define the term ``fatal injury'' as
any parachuting injury that results in death within 30 days from the
date of injury.
FAA Response: Many comments were received on this proposed term
because it is in conjunction with the proposed addition of Sec. 105.27,
Accident reporting requirements. Since the FAA has eliminated proposed
Sec. 105.27 in the final rule, this definition has been deleted.
Foreign Parachutist
Proposal: The FAA proposed to define this term as a parachutist who
is neither a U.S. citizen nor a resident alien.
FAA Response: While no comments were received on this definition,
the FAA has amended the proposed definition to clarify that a foreign
parachutist is a parachutist who is neither a U.S. citizen nor a
resident alien and is participating in parachute operations within the
United States using parachute equipment not manufactured in the United
States.
[[Page 23546]]
Parachute Drop
Proposal: The FAA proposed to define this term as a parachute
operation that involves the descent of an object to the surface from an
aircraft in flight when a parachute is used or intended to be used
during all or part of that descent.
FAA Response: While no comments were received on this definition,
the FAA amended the proposed definition to clarify that a parachute
drop means the descent of an object from an aircraft in flight when a
parachute is used or intended to be used during all or part of that
descent.
Parachute Operation
Proposal: The FAA proposed to define this term as any activity that
includes a parachute jump or a parachute drop. This activity involves,
but is not limited to the following persons: Parachutist, tandem
parachute operation, drop zone owner or operator, certificated
parachute rigger, pilot, or appropriate FAA personnel.
FAA Response: While no comments were received on the proposed
definition for parachute operation, the FAA determined that it should
be further clarified. Therefore, the FAA has amended the proposed
definition to define a parachute operation as any activity associated
with, or performed in support of a parachute jump or a parachute drop.
A parachute operation can involve, but is not limited to, the following
persons: Parachutist, a parachutist in command and passenger in tandem
parachute operations, jump master, certificated parachute rigger, or
pilot.
Parachutist
Proposal: The FAA proposed to define this term as a person who
boards an aircraft with the intent to exit the aircraft while in flight
using a single-harness, dual parachute system to descend to the
surface.
FAA Response: While no comments were received on this definition,
the FAA has amended the proposed definition to clarify that a
parachutist is a person who intends to exit an aircraft while in flight
using a single-harness, dual parachute system to descend to the
surface.
Parachutist in Command
Proposal: The FAA proposed to add the term ``parachutist in
command'' to address the instructor of a tandem parachute operation,
which the FAA defined as the person responsible for the operation and
safety of a tandem parachute operation before, during, and after a
tandem parachute operation.
Comments: Several commenters state that the term ``parachutist in
command'' should be changed to ``tandem instructor,'' which would more
accurately reflect that person's function as a teacher, not simply the
person in charge of the tandem parachute operation.
The USPA contents that the parachutist in the forward harness is
more than a passenger because he or she could sabotage the safety of
the operation by failing to follow proper procedures between exit and
touch down.
FAA response: The FAA has given the commenters' recommendations
serious consideration but cannot agree that ``tandem instructor'' would
accurately reflect the role and responsibility that this person holds.
Although it is true that the parachutist in command provides
instruction, the amount of time spent instructing is greatly outweighed
by the responsibilities held by the person in this role. The bulk of
the parachutist-in-command's duties are centered on the safety of the
tandem parachute operation. Safety, in this case, only begins with the
passenger's instruction in proper procedures. In fact, the parachutist-
in-command controls the safety of the operation from the moment the
pair exit the aircraft to the time that touch down is safety
accomplished.
The FAA has also given further consideration to the USPA's concern
that the passenger can sabotage the tandem parachute operation. The FAA
agrees with the USPA regarding the potential for a passenger to
inadvertently act in a manner that would sabotage the safety of the
operation, but such an event is highly unlikely. However, if such event
occurred, the parachutist-in-command would be required to bring the
operation back under control. The FAA believes that the term
``parachutist-in-command'' provides the broadest range of applicability
and most accurately describes the responsibilities of the person who
occupies the rear harness in a tandem parachute operation. Therefore,
the term ``parachutist-in-command'' is adopted in the final rule.
Passenger Parachutist
Proposal: The FAA proposed to add the term ``passenger
parachutist'' and define it as a person who boards an aircraft, acting
as other than the parachutist in command of a tandem parachute
operation, with the intent of exiting the aircraft while in flight
using the forward harness of a dual harness tandem parachute system.
Comments: Several commenters suggest changing this term to
``student tandem parachutist.'' One commenter suggests changing the
term to ``tandem student.'' Another commenter suggests that the term
should be changed because the term ``passenger'' is used when referring
to aircraft operations and is not appropriate when referring to tandem
parachute operations since the person is a ``student,'' not a
``passenger.''
FAA response: The FAA believes that the term ``passenger
parachutist'' best describes the role of the person occupying the
forward harness of a tandem parachute system. The term ``passenger
parachutist'' is more inclusive than the terms ``student tandem
parachutist'' or ``tandem student.'' Therefore, this term broadens the
classification of persons participating in tandem parachute operations.
In addition, this term clarifies that the parachutist-in-command would
be solely responsible for regaining control of the parachute and the
safety of the parachute operation, in the event of an emergency. It is
highly unlikely that the parachutist in the forward would have the
knowledge and experience to handle an emergency situation properly. For
these reasons, the term ``passenger parachutist'' is most appropriate
to describe the parachutist using the forward harness of a tandem
parachute.
Serious Injury
Proposal: The FAA proposed to define the term ``serious injury'' as
any injury that requires hospitalization for more than 48 hours,
commencing within 7 days from the date the injury was received; results
in a fracture of any bone (except simple fractures of fingers, toes, or
the nose); causes severe hemorrhages, or nerve, muscle, or tendon
damage; or involves any internal organ.
FAA response: Many comments were received in response to this
proposed term because of its relation to the proposed addition of
Sec. 105.27, Accident reporting requirements. Since the FAA has
eliminated proposed Sec. 105.27 in the final rule, this definition has
been deleted.
Tandem Parachute Operation
Proposal: The FAA proposed to define the term ``tandem parachute
operation'' as a parachute operation in which more than one person
simultaneously uses the same tandem parachute system while descending
from an aircraft in flight.
Comments: Several commenters suggest that this term be change to
``tandem parachute jump,'' or that
[[Page 23547]]
``tandem parachute jump'' be used in addition to ``tandem parachute
operation'' to more accurately describe the action taking place, and to
be consistent with current terminology.
FAA response: The FAA does not agree with these commenters. The
proposed definition is intended to include more than just the actual
jump, it also includes all aspects of the jump, from the time the jump
aircraft departs until the last parachutist(s) descend to the surface.
Therefore, the FAA adopts the definition as proposed.
Section 105. General
Proposal: In the NPRM, the FAA proposed to make the following
editorial changes to current Sec. 105.13: (1) Replace the word ``make''
with the phrase ``to conduct,'' (2) replace the term ``parachute jump''
with the term ``parachute operation,'' (3) replace the word ``made''
with the word ``conducted,'' and (4) replace the word ``jump'' with the
word ``operation.''
Comments: Several comments were received on this proposal from the
USPA, AOPA and others, requesting that the FAA incorporate language
into the proposed Sec. 105.5, which would hold the parachutists, not
pilots, responsible for creating hazards to air traffic. These comments
state that pilots of jump aircraft should be relieved from full
responsibility for a parachutist exiting their aircraft. The comments'
justification for their position is that parachutes used in these types
of operations can be steered, therefore, the parachutist can maneuver
out of the designated drop zone, possibly creating a hazard to air
traffic.
FAA response: The proposed changes to this section were editorial
in nature, not substantive. Comments that concern the responsibility of
the pilot-in-command are beyond the scope of this rulemaking and
therefore, are not addressed. This section is adopted as proposed.
Subpart B--Operating Rules
Section 105.13 Radio Equipment and Use Requirements
Proposal: Currently, part 105 requires that the pilot of an
aircraft used for conducting parachute operations establish radio
communications with the nearest FAA air traffic control facility or FAA
Flight Service Station at least 5 minutes before the jumping activity
is to begin.
The FAA proposed to amend this section to require that the jump
aircraft establish radio communications with the air traffic control
facility having jurisdiction over the affected airspace. A pilot of a
jump aircraft will no longer be required to establish radio
communications with Flight Service Stations for the purpose of
receiving traffic information.
The FAA also proposed amending this section to require pilots to
notify ATC when the last parachutist or object leaves the aircraft. The
current rule requires the pilot of the jump aircraft to notify ATC when
the last parachutist reaches the ground.
In addition, the notice proposed to amend the lost communication
procedures applicable to parachute operations. Currently, if
communications systems become inoperative in flight after receipt of a
required ATC authorization, the jumping activity from that flight may
be continued. The notice proposed that if the required radio
communications system is or becomes inoperative during any parachute
operation in or into controlled airspace, the parachute operation msut
be aborted.
Comments: Several commenters, including USPA, AOPA, and the
Southwest Airlines Pilot's Association recommended changes to this
section. The USPA suggests adding the phrase, ``airspace of intended
exit altitude(s)'' to paragraph (a)(1)(ii). The USPA requests this
change because parachute operations can pass through the airspace of
several ATC facilities and sectors, depending on the altitude of the
aircraft. According to the USPA, the proposal did not clarify which ATC
facility would be the appropriate facility to contact. The change
requested by the USPA would clarify that the appropriate facility to
contact would be the one that has jurisdiction over the airspace and
the altitude where the aircraft is located when the parachutist exists
the aircraft.
Another commenter believes that the requirement to contact the ATC
facility having jurisdiction over the airspace could be interpreted to
require the pilot to maintain communications with two or more
facilities during the jump operation. The commenter contends that if
communications must be maintained with more than one ATC facility, a
second radio would be required, imposing a financial burden of at least
$1200 to $1500. This commenter believes that the current requirement is
sufficient and should not be changed.
The USPA objects to the FAA proposal to require the parachutists on
the flight to share responsibility to establish radio communications
and to receive information about air traffic activity. The commenter
recommends that the pilot in command have sole responsibility for radio
communications.
Several commenters object to the proposed removal of the
requirement to contact FAA Flight Service Stations (FSS). These
commenters are concerned that Notices to Airman (NOTAM) regarding
parachute operations, normally submitted to FSS's, will not be received
or disseminated. The commenters believe that this creates a safety
problem for non-radio equipped aircraft operating in airspace where
parachute operations are being conducted.
Several commenters object to the proposal that requires that
parachute operations must be aborted if radio communications equipment
becomes inoperative. Currently, parachute operations may continue if
the radio failure occurs after receipt of the ATC authorization. The
USPA contends that the parachute operation should continue after
receipt of an ATC authorization, regardless of the operational status
of the radio communications system. According to the USPA, safety would
not be compromised because the ATC has identified the aircraft on radio
and has been advised of the jump operation.
FAA response: The FAA agrees with some of the comments received in
response to the proposed changes.
The FAA agrees with the USPA's comment to include the phrase
``airspace of the first intended exit altitude'' in
Sec. 105.13(a)(1)(ii). Since parachute operations can require the use
of more than one altitude, the FAA agrees with USPA's comment. The FAA
believes that further clarification is necessary by adding that radio
communications should be established over the affected airspace of
``the first'' intended exit altitude. Therefore, this clarifying
language has been added to the phrase proposed by the USPA and is
incorporated in the final rule. The adoption of this phrase clarifies
which ATC facility to contact when parachute operations are being
conducted.
The FAA also agrees that the rule as proposed could be interpreted
to mean that the aircraft must have more than one radio to meet the
communications requirement. The FAA's intent was not to require the
pilot to contact more than one ATC facility, nor is it the intent of
the FAA to increase the pilot's workload during a jump activity. It is
common practice for ATC facilities to coordinate information regarding
parachute jump operations. Pilots, therefore, typically are not
required to contact more than one facility. By inserting the phrase,
``airspace of first intended exit altitude,'' in the rule language, the
FAA believes that this confusion will be eliminated.
[[Page 23548]]
The FAA concurs with the USPA that the pilot in command should be
solely responsible for establishing and maintaining radio
communications and information about air traffic activity. The proposal
was intended to ensure that known air traffic information is
communicated to both the pilot and the parachutist. However, the
configuration of most aircraft avionics, make it impractical for both
pilot and parachutist to share the responsibility for establishing
radio communications. Traffic information can be relayed within the
aircraft from the pilot to the parachutists. Therefore, the FAA has
deleted the requirement, that the parachutists also be responsible for
establishing radio communications, from the final rule.
The FAA believes that commenters concerned about the FAA's failure
to disseminate NOTAMs on parachute operations misunderstand the
communications requirements. The current rule requires that pilots
conducting parachute operations contact FSS's to receive information
about know air traffic in the vicinity. This is solely a communication
requirement; it does not address filing or disseminating NOTAM's. In
addition, Sec. 91.103 requires all pilots to become familiar with all
available information concerning the flight that includes NOTAM's.
Since pilots who operate non-radio equipped aircraft are required to
check NOTAM's prior to a flight, this change will not impact safety.
This rule does not change the current industry practice that pilots
contact FSS's to file NOTAM information.
The FAA does not agree with the USPA recommendation to retain the
current rule language that permits jump activities to continue if the
aircraft loss its radio communications capability. The purpose of this
proposal is to increase the safety of all aircraft in the vicinity of
the parachute operation by ensuring that two-way radio communications
have been established and maintained between the jump aircraft and the
ATC facility that has jurisdction over the airspace. If, prior to
receipt of an ATC authorization or during the parachute operation, the
radio communications system becomes inoperative, traffic information or
the status of the parachute operation cannot be exchanged, therefore,
the parachute operation must be aborted. The proposed language is
adopted in the final rule.
Section 105.15 Information Required and Notice of Cancellation or
Postponement of a Parachute Operation
Proposal: The current rule lists information that must be submitted
to the FAA when an individual or an organization requests an
authorization for a parachute jump. This information includes the radio
frequencies, if any, available in the aircraft. The FAA proposed that
when required to submit information regarding parachute operations, the
radio frequencies appropriate to the facilities used during the
parachute operation would be specified, rather than the radio
frequencies avialable in the aircraft.
Comments: Several commenters, including USPA recommend that the
requirement to submit the radio frequencies appropriate to the ATC
facility be replaced with the name of the ATC facility that has
jurisdiction over the airspace where the jump will take place. The USPA
contends that the pilot or fjum proponent may not know the radio
frequencies that are used by ATC for the jump operation until
coordination is completed with the proper ATC facility.
One commenter disagrees with the proposed requirement that a
request for authorization should include the registration number for
the jump aircraft. The commenter adds that this requirement is
acceptable when filing a NOTAM. However, when a request is submitted to
conduct a demonstration several days in advance of the jump operation,
the person(s) participating in the demonstration may not know which
aircraft is going to be used.
FAA response: The FAA agrees with the USPA's recommendation that
the proponent of the parachute operation must submit the name of the
ATC facility that has jurisdicaiton over the airspace where the jump
will take place. In many cases, the pilot or jump proponent does not
know which ATC radio frequencies are designated for the sector where
the parachute operation will take place. By incorporating this change
into the final rule, the pilot will know which ATC facility is the
appropriate one to contact, and that facility may issue the appropriate
frequency to the pilot.
In addition, the FAA understands that there may be some
circumstances where the registration number of the jump aircraft is not
known until the day of the hump. If this is the case, multiple
registration numbers may be submitted along with an explanation to the
ATC facility. Knowing the registration number of the aircraft
identifies to the controllers the aircraft that will be involved in the
jump operation. Having the aircraft identification number makes the
intentions of the pilot contained in the authorization available to the
controller, and therefore, reduces radio frequency congestion. The rule
language remains as proposed.
The FAA has also added clarifying language to paragraph (a)(8),
requiring persons requesting an authorization to conduct a parachute
operation to provide the name of that air traffic control facility
having jurisdiction of the airspace at the ``first intended'' exist
altitude to be used in that parachute operation. The FAA believes this
clarifying language is necessary to ensure that radio communication are
established between the pilot of the hump aircraft and the appropriate
air traffic control facility. Therefore, this phrase has been added to
Sec. 105.15(a)(8) in the final rule.
Section 105.19 Parachute Operations Between Sunset and Sunrise
Proposal: Proposed Sec. 105.19 would have added a requirement for
parachutist(s) and objects descending from an aircraft to display a
light which is visible for 3 statute miles in all directions.
Comments: Several commenters, including the USPA and the Southwest
Airlines Pilot's Association, object to the requirement to display a
light that is visible ``in all directions.'' The commenters believe it
would require that a parachutist or an object be equipped with more
than one light.
FAA response: The FAA has revisited this proposal and agrees with
the commenters. Therefore, the FAA is rescinding the proposal and has
deleted the phrase ``in all directions'' in the final rule. The common
practice of mounting a light on the parachutist's helmet should make
him or her visible to aircraft operating on the same horizontal plane.
A helmet-mounted light may not be visible to aircraft flying at higher
or lower altitudes than the parachutist, but the parachutist should not
present a hazard to those aircraft. In addition, the requirement to
have a light that is visible ``in all directions'' would require that a
parachutist be equipped with two lights which would exceed the
requirements for aircraft lights in part 91. Therefore, the phrase ``in
all directions'' is not included in the final rule.
Section 105.21 Parachute Operations Over or Into a Congested Area or
an Open Air Assembly of Persons
Proposal: In the NPRM, the FAA proposed to remove the 4-day
requirement to apply for a certificate of
[[Page 23549]]
authorization to make a parachute jump over or into congested areas or
open air assemblies since that amount of time for processing
certificates of authorization is no longer necessary.
Comments: Several commenters, including USPA, oppose deleting the
4-day reporting requirement, because in the commenters' opinion, it may
take the FAA longer than 4 days to process a certificate of
authorization. All of the commenters request that the regulation be
amended to require processing of applications for certificates of
authorization within 5 business days after submission, instead of
leaving the processing time unspecified.
FAA response: The FAA does not agree with the commenters that
removing the 4-day reporting requirement will increase the time it
takes the FAA to process a certificate of authorization. The FAA and
the parachute industry may use current technology (i.e., computers and
fax capability) which makes it possible to process certificates of
authorization in less than 4 days. Currently, the FAA uses this
technology to issue certificates of authorization for other aviation
events (i.e., air shows). Therefore, the FAA has determined that
removing the 4-day reporting requirement will not cause additional
processing delays and will actually expedite the process. The
requirement is adopted in the final rule, as proposed.
Section 105.23 Parachute Operations Over or Onto Airports
Proposal: Currently, unless prior approval has been given by
aircraft management, part 105 prohibits parachute operations over or
onto any airport that does not have a functioning control tower
operated by the United States. In the NPRM, the FAA proposed amending
the regulation to require pilots of aircraft conducting parachute
operations to contact the air traffic control tower having jurisdiction
over the area where parachute operations are taking place, regardless
of who is responsible for tower operations.
Comments: The commenters did not offer specific comments on the
proposed change to this section. However, many commenters disagree with
the current rule language which grants airport managers the authority
to approve parachute operations over or onto the airports.
FAA response: The FAA did not propose an amendment to change the
longstanding policy authorizing airport managers to grant approval for
parachute operations over or onto their airport. The comments are
therefore, outside the scope of the NPRM, and have not been considered.
Section 105.25 Parachute Operations in Designated Airspace
Proposal: The FAA proposed to prohibit parachute operations in
restricted or prohibited areas unless authorized by the controlling
agency of the area concerned. The FAA also proposed to prohibit
parachute operations in Class A, B, C, or D airspace without an air
traffic control authorization. Further, the FAA proposed to prohibit
parachute operations within Class E or G airspace unless the air
traffic control facility having jurisdiction over the affected airspace
is notified of the parachute operation no earlier than 24 hours before
or not later than 1 hour before the parachute operation begins.
Comments: There were no substantive comments received on this
section.
FAA response: Although there were no comments received on this
section, the FAA determined that in paragraph (c) of this section,
``air traffic control'' should be replaced with ``the FAA'' to indicate
that other FAA organizations, besides air traffic, may revoke the
acceptance of the notification for any failure of the organization
conducting the parachute operations to comply with FAA requirements.
With the exception of this change, this section remains as proposed.
Section 105.27 Accident Reporting Requirements
Proposal: Currently, there are no FAA requirements to report
accidents involving parachutist. In the NPRM the FAA proposed a new
section which would require the parachutist(s), the pilot of the
aircraft, or the drop zone owner or operator to notify the FAA within
48 hours of any parachute operation resulting in a serious or fatal
injury to the parachutist.
Comments: Numerous commenters, including USPA, AOPA, and Southwest
Airlines Pilot's Association strongly oppose this proposed requirement,
while one commenter supports it. Most of the commenter state that the
pilot should not be responsible for reporting an accident because it
would be very difficult for the pilot to know if a parachutist who
jumped from his or her aircraft was injured from the fall. Several
commenters state that only ``serious'' injuries, requiring a
physician's attention, should be reported. In addition, several
commenters also dispute the number of estimated parachute jumping
accidents per year that was used as a basis for cost analysis and
determining paperwork burden, versus the number of accidents that
actually occur.
FAA response: Based on the comments received, the FAA has revisited
its original proposal to determine whether or not current FAA policy,
as well as industry practices, provide adequate information pertaining
to parachute operation incidents.
The FAA believed that collection and review of information
pertaining to parachute operation accidents could be used to assess the
safety of parachute operations and assist in preventing future
parachute accidents.
However, to be effective, this data collection requires a system,
or infrastructure, to collect, store and evaluate the information,
which the FAA does not have the resources to support at this time. In
addition, this requirement imposes a significant paperwork burden on
individuals conducting or participating in parachute operations. After
considering the lack of available FAA resources and the paperwork
burden that would be necessary to meet this requirement, the FAA has
concluded that the infrastructure for this type of data collection is
currently unavailable, and that the paperwork burden would be
excessive.
Additionally, the FAA and the USPA have a close working
relationship with regard to the safe conduct of parachute operations
within the National Airspace System. When safety issues surface within
either organization, an exchange of information is commonplace. We
expect this relationship to continue, and believe that cooperation
between the two organizations will provide the same, if not a better
alternative than regulations at this time.
Therefore, Sec. 105.27 and the definitions in Sec. 105.3 associated
with this section (i.e., ``fatal injury'' and ``serious injury'') are
not included in the final rule. Although this section is not adopted in
the final rule, the FAA will continue to monitor the safety of
parachute operations and the possible need for accident reporting
requirements for possible consideration in a future rulemaking action.
Subpart C--Parachute Equipment and Packing
Section 105.43 Use of Single-Harness, Dual-Parachute Systems
Proposal: Currently, the rule provides that only a certificated
parachute rigger, or the person making the parachute jump with that
parachute, may pack a main parachute. The FAA proposed that a non-
certificated person also may pack a main parachute under the direct
[[Page 23550]]
supervision of a certificated parachute rigger. The FAA also proposed
that if installed, the automatic activation device (AAD) must be
maintained in accordance with manufacturer instructions for that AAD.
Comments: Several commenters, including USPA, believe that the
responsibility for the safety of parachute equipment should rest with
the certificated rigger and the parachute jumper, not the pilot of the
aircraft used for the jump, as current stated in Sec. 105.43(a).
In addition, the USPA states that the certificated rigger should be
on the premises during parachute packing, and thus available for
personal consultation.
Several commenters support the current 120-day repack cycle
requirement, which was also included in the proposal. Numerous
commenters oppose the current 120-day repack cycle, and favor either a
180-day or a 6-month repack cycle.
Several commenters, including USPA, request the deletion of
Sec. 105.43(b)(3), which requires that if AAD's are installed, they
must be maintained in accordance with the manufacturer's instructions.
The USPA states that if this paragraph is retained in the final rule,
there is no method of documentation available for a pilot to verify
that the AAD is in compliance with the manufacturer's guidelines/
instructions, and thus, in compliance with the rule. In addition, other
commenters note that this piece of equipment is supplemental and does
not require FAA certification, therefore, it should not be included in
the regulation.
FAA response: The FAA agrees with the commenters who request that
the certificated rigger should be held responsible for packing the
parachute properly. However, this requirement is not new to the
regulations. Certificated riggers have always been responsible for the
proper rigging of a parachute, which is evident from the fact that the
rigger is required to obtain a certificate. Section 65.129 of the
regulations further requires that the certificated rigger ensure that
parachutes are packed in accordance with the Administrator's and
manufacturer's requirements. The FAA has adopted the revision of
``supervision'' to ``direct supervision,'' and has included the phrase
``takes responsibility for that packing'' in definition.
The FAA cannot agree entirely with those commenters who believe
that the pilot should not be held responsible for the safety of the
parachute equipment. The FAA wants to retain this longstanding
requirement in the final rule for more than one reason. First and
foremost, the pilot is the final checkpoint for equipment that a
parachutist encounters before jumping from the aircraft. The pilot
merely verifies that the jumper's equipment is properly inspected,
which is not a burdensome task. The FAA believes that the pilot should
bear this burden because the pilot has responsibility for the safety of
the parachutist(s) while they are aboard the aircraft and the FAA
believes that this responsibility should include ensuring that the
parachutist(s) are using proper equipment.
The FAA agrees with the USPA's recommendation that a certificated
rigger should be on the premises during parachute packing and available
for personal consultation. The FAA also believes a certificated rigger
should directly supervise the packing of the parachute. It is not
sufficient, from a safety standpoint, to have a non-certificated person
pack a parachute without a certificated rigger directly supervising the
packing, and ensuring that it is done properly. Accordingly,
Sec. 105.43(a) is adopted as proposed.
With regard to the repack cycle, the 180-day and 6 month repack
cycles were not part of the original proposal; therefore, they are
outside the scope of this rulemaking. The requirement for a 120-day
repack cycle is retained in the final rule.
The FAA disagrees with the commenters' request to delete
Sec. 105.43(b)(3), which requires that if AAD's are installed, they
must be maintained in accordance with the manufacturer's instructions.
Although AAD's are not subject to approval under a TSO or airworthiness
certification, the FAA believes this requirement is necessary for
safety considerations, even though AAD's are an optional piece of
equipment, except in tandem operations. Therefore, this requirement is
retained in the final rule.
The FAA also made a correction to the paragraph designation of this
section. In the proposal, paragraph (b)(3) was incorrectly labeled; it
has been correctly designated as paragraph (c) in the final rule.
Section 105.45 Use of Tandem Parachute Systems
Proposal: This proposed section provided for tandem parachute
operations, and incorporated the conditions and limitations, with some
modification, set forth in the grants of exemption issued to
experimental tandem parachute operators. These conditions and
limitations include instructor experience requirements, briefings for
passenger parachutists, equipment inspections, and packing
requirements.
In addition, the FAA proposed that a certificated parachute rigger
supervise persons packing parachutes who are not certificated by the
FAA, unless the person packing the parachute is a parachutist in
command.
Comments: Several commenters, including USPA, recommend that
manufacturer's directives for tandem parachute systems be made
mandatory. The commenters also request that the number of freefall
jumps to qualify as a tandem jump instructor be changed from 300 of 500
freefall jumps with a ram air parachute to 500 freefall jumps, because
currently, only ram air parachutes are used. According to the
commenters, this change would reflect the recommendation by USPA and
the manufacturers for tandem jump instructor qualifications.
FAA response: The USPA's recommendation that the manufacturer's
directives for tandem parachute systems should be mandatory is outside
the scope of this rulemaking, and therefore, cannot be addressed at
this time.
The FAA has decided to eliminate the requirement that 300 of the
500 freefall jumps must be made using a ram air parachute. The
commenters correctly point out that round have long become obsolete.
Today, almost all jumps are made with ram air parachutes. The FAA has
changed this requirement to 500 jumps using a ram-air parachute in the
final rule.
Section 105.47 Use of Static Lines
Proposal: The current rule requires that no person may make a
parachute jump using a static line unless an assist device is used to
aid the pilot chute in performing its function, or if no pilot chute is
used, to aid in the direct deployment of the main parachute canopy. The
Notice proposed to remove the requirement that assist devices must be
used with ram-air parachutes.
Comments: Several commenters, including USPA, submitted comments on
this proposed section. The commenters ask that the term ``direct-
deployed'' be changed to ``direct-bag deployed'' and that the term
``ram-air parachutes'' be replaced with the term ``ram-air canopies,''
because according to the commenters, these terms are used currently in
the parachute industry.
FAA response: The FAA does not agree with these commenters. The use
of the terms ``ram-air canopies'' and ``ram-air parachutes'' are nearly
synonymous in the parachute industry, as are the terms ``direct-bag
deployed'' and ``direct
[[Page 23551]]
deployed.'' Therefore, these terms are adopted as proposed.
Section 105.49 Foreign Parachutists and Equipment
Proposal: This new section will be added to address equipment and
packing requirements for foreign parachutists. Only single-harness,
dual-parachute systems which contain a non-technical standard order
(TSO) reserve parachute or non-TSO'd harness and container would be
allowed to be used in the United States by the owner or agent of that
equipment. The parachute system used by the foreign parachutist must
also meet the civil aviation authority requirements of the foreign
parachutist's country, and must be packed by the foreign parachutist
making the next parachute jump with that parachute, or a U.S.
certificate parachute rigger.
Comments: Several commenters, including the USPA, believe that this
section needs clarification. For example, the commenters suggest that
the FAA should clarify that when a foreign jumper brings a parachute
system into the United States, the foreign parachute system should be
subject to the U.S. repack cycle (120 days).
FAA response: The FAA does not agree with the commenter's
recommendations that the foreign parachute system should be subject to
the U.S. repack cycle (120 days). The FAA has already determined that
foreign parachute systems must meet the requirements of their country
or its civil aviation authority. This section is incorporated into the
final rule as proposed, with one exception. In the proposal, the two
subparagraphs in paragraph (a)(4) were incorrectly labeled (a) and (b);
they have been correctly designated as (i) and (ii), respectively, in
the final rule.
Section 119.1 Applicability
Proposal: Currently, Sec. 119.1(e)(6) provides an exception for
nonstop flights conducted within a 25 statute mile radius of the
airport of takeoff carrying persons for the purpose of intentional
parachute jumps. The FAA proposed to amend this section to add the word
``objects'' in addition to ``persons'' when a flight is conducted for
intentional parachute operations.
Comments: Several commenters, including USPA, submitted comments on
this proposed section. Some commenters ask for the elimination of this
section, as they claim it is unnecessary, given the nature of parachute
operations today. Several other commenters, including USPA, suggest
that the 25-statue mile limit be increased to a 100-statute mile limit
of the departure airport.
FAA response: The FAA does not agree with the commenters' requested
changes. Since the request to increase the statute mile limit from 25
to 100 statute miles from the airport of departure, is outside the
scope of the Notice, it will not be considered in this action.
Therefore, the language originally proposed in the Notice is retained
in the final rule.
Paperwork Reduction Act
At the NPRM stage of this final rule, the FAA proposed a
requirement for accident reporting. Because this requirement involved
the voluntary submission of information from the public on accidents
involving parachute operations, the FAA prepared an estimate of the
paperwork burden that would be required of the public and submitted it
to OMB for approval. However, after reviewing the comments received
from the public on the accident reporting proposal in the NPRM, the FAA
has decided not to include this requirement in the final rule.
Therefore, in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the agency has determined that there are no longer
information requirements associated with this final rule.
International Compatibility
The FAA has reviewed corresponding International Civil Aviation
Organization international standards and recommended practices and
Joint Aviation Authorities requirements and has identified no
differences in these proposed amendments and the foreign regulations.
Economic Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates
Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
Agency to propose or adopt a regulation only if the agency makes a
reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (19 U.S.C. 2531-
2533) prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, this Trade Act requires agencies to consider
international standards. Where appropriate, agencies are directed to
use those international standards as the basis of U.S. standards. And
fourth, the Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules. This requirement applies only to rules that
include a Federal mandate on State, local, or tribal governments, or
the private sector, likely to result in a total expenditure of $100
million or more in any one year (adjusted for inflation).
In conducting these analyses, the FAA has determined this rule: (1)
Has benefits which do justify its costs, is not a ``significant
regulatory action'' as defined in the Executive Order, and is not
``significant'' as defined in DOT's Regulatory Policies and Procedures;
(2) will not have a significant impact on a substantial number of small
entities; (3) will not impose restraints on international trade; and
(4) does not impose an unfunded mandate on State, local, or tribal
governments, or on the private sector. The FAA has placed these
analyses in the docket and summarized them below.
This final rule will amend the regulations that govern parachute
operations. Amendments to the regulations reflect changes in the
requirements applicable to radio communications, parachute packing,
tandem parachute operations, and foreign parachutists. Through this
rule, the FAA intends to enhance the safety of parachute operations in
the National Airspace System (NAS).
The benefits of the final rule are: (1) It should reduce the risk
of a midair collision between aircraft and persons engaged in parachute
operations, and reduce the risk of aircraft coming in close proximity
to the parachutists in the vicinity of an airport or within controlled
airspace; (2) it will revise some sections of the rule for better
understanding; and (3) it will permit certain operations that currently
are only allowed through exemptions granted by the FAA.
The amendments to part 105 will impose negligible additional cost,
if any, on parachutists, pilots of aircraft used in parachute
operations, certificated parachute riggers, and drop zone operators.
Major aspects of this rule such as the requirements for tandem
parachute operations and for parachute jumps by foreign parachutists
already are being met under exemptions granted by the FAA. Therefore,
this rulemaking action will not impose additional business expenses on
drop zone operators, parachute clubs, or foreign parachutists. Costs
imposed on the FAA
[[Page 23552]]
are negligible, since the agency will not be required to provide
additional oversight of parachute operations under the revision of
parts 65, 91, 105, and 119.
In view of the negligible additional cost of compliance to the
final rule, compared with the improvements in operating procedures that
enhance the safety of parachute operations, the FAA has determined that
the final rule is cost-justified.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to the
regulation.'' To achieve that principle, the Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The Act covers a wide-range of small
entities, including small businesses, not-for-profit organizations and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 Act provides that
the head of the agency may so certify and a regulatory flexibility
analysis is not required. The certification must include a statement
providing the factual basis for this determination, and the reasoning
should be clear.
The FAA conducted the required review of this final rule and
determined that it will not have a significant economic impact on a
substantial number of small entities. The small entities affected by
this final rule consist of parachutists, pilots of aircraft used in
parachute operations, certificated riggers, and drop zone operators.
The final rule will impose negligible additional cost, if any, on the
entities. Major aspects of this rulemaking such as permitting tandem
parachute operations will not impose additional business expenses for
compliance on drop zone operators or parachute clubs because these
entities currently adhere to the requirements of the rule through
grants of exemptions issued by the FAA under part 105. Accordingly,
pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the FAA
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities.
International Trade Impact Statement
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activity that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. In addition, consistent with the Administrator's belief in
the general superiority and desirability of free trade, it is the
policy of the Administration to remove or diminish, to the extent
feasible, barriers to international trade, including both barriers
affecting the export of American goods and services to foreign
countries and barriers affecting the import of foreign goods and
services into the United States.
The FAA has determined that the rule will promote parachuting by
foreign parachutists in the United States. The final rule will permit
foreign parachutists to jump in the United States using parachutes that
are packed in their country of origin and thereby encourage foreign
countries to grant permission for U.S. skydivers to jump in those
countries using parachutes packed in the United States.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub.
L. 104-4 on March 22, 1995, is intended, among other things, to curb
the practice of imposing unfunded Federal mandates on State, local, and
tribal governments.
Title II of the Act requires each Federal agency to prepare a
written statement assessing the effects of any Federal mandate in a
proposed or final agency rule that may result in a $100 million or more
expenditure (adjusted annually for inflation) in any one year by State,
local, and tribal governments, in the aggregate, or by the private
sector; such a mandate is deemed to be a ``significant regulatory
action.''
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. It has determined that
this action will not have a substantial direct effect on the States, or
the relationship betwen the national Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, the FAA has detemined that this final rule
does not have federalism implications.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j), this rulemaking action qualifies for a
categorical exclusion.
Energy Impact
The energy impact of the final rule has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined
that the final rule is not a major regulatory action under the
provisions of the EPCA.
Distribution and Derivation Tables
The following distribution table is provided to illustrates how the
current regulation would relate to the revised part 105, and the
derivation table identifies how the revised part 105 would relate to
the current rule.
Distribution Table
------------------------------------------------------------------------
Old section New section(s)
------------------------------------------------------------------------
105.1.................................... 105.1
105.11................................... 105.1
105.13................................... 105.5
105.14................................... 105.13
105.15................................... 105.21
105.17................................... 105.23
105.19................................... 105.25
105.23................................... 105.25
105.25................................... 105.15
105.33................................... 105.19
105.35................................... 105.7
105.37................................... 105.9
105.41................................... 105.41
105.43................................... 105.43 and 105.47
------------------------------------------------------------------------
Derivation Table
------------------------------------------------------------------------
New section Old section(s)
------------------------------------------------------------------------
105.1.................................... 105.1 and 105.11
[[Page 23553]]
105.3.................................... New
105.5.................................... 105.13
105.7.................................... 105.35
105.9.................................... 105.37
105.13................................... 105.14
105.15................................... 105.25
105.17................................... 105.29
105.19................................... 105.33
105.21................................... 105.15
105.23................................... 105.17
105.25................................... 105.19 and 105.23
105.41................................... 105.41
105.43................................... 105.43
105.45................................... New
105.47................................... 105.43
------------------------------------------------------------------------
List of Subjects
14 CFR Part 65
Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Drug abuse, Reporting and recordkeeping requirements.
14 CFR Part 91
Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Freight, Mexico, Noise
control, Political candidates, Reporting and recordkeeping
requirements, Yugoslavia.
14 CFR Part 105
Aircraft, Aviation safety, Recreation and recreation areas,
Reporting and recordkeeping requirements.
14 CFR Part 119
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends parts 65, 91, 105, and 119 of Title 14 Code of
Federal Regulations as follows:
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
1. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
2. Section 65.111 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 65.111 Certificate required.
(a) No person may pack, maintain, or alter any personnel-carrying
parachute intended for emergency use in connection with civil aircraft
of the United States (including the reserve parachute of a dual
parachute system to be used for intentional parachute jumping) unless
that person holds an appropriate current certificate and type rating
issued under this subpart and complies with Secs. 65.127 through
65.133.
(b) No person may pack, maintain, or alter any main parachute of a
dual-parachute system to be used for intentional parachute jumping in
connection with civil aircraft of the United States unless that
person--
(1) Has an appropriate current certificate issued under this
subpart;
(2) Is under the supervision of a current certificated parachute
rigger;
(3) Is the person making the next parachute jump with that
parachute in accordance with Sec. 105.43(a) of this chapter; or
(4) Is the parachutist in command making the next parachute jump
with that parachute in a tandem parachute operation conducted under
Sec. 105.45(b)(1) of this chapter.
* * * * *
3. Section 65.125 is amended by revising paragraphs (a)(2) and
(b)(2) to read as follows:
Sec. 65.125 Certificates: Privileges.
(a) * * *
(2) Supervise other persons in packing any type of parachute for
which that person is rated in accordance with Sec. 105.43(a) or
Sec. 105.45(b)(1) of this chapter.
(b) * * *
(2) Supervise other persons in packing, maintaining, or altering
any type of parachute for which the certificated parachute rigger is
rated in accordance with Sec. 105.43(a) or Sec. 105.45(b)(1) of this
chapter.
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
4. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
5. Section 91.307 is amended by revising paragraph (b) to read as
follows:
Sec. 91.307 Parachutes and parachuting.
* * * * *
(b) Except in an emergency, no pilot in command may allow, and no
person may conduct, a parachute operation from an aircraft within the
United States except in accordance with part 105 of this chapter.
* * * * *
6. Part 105 is revised to read as follows:
PART 105--PARACHUTE OPERATIONS
Subpart A--General
105.1 Applicability.
105.3 Definitions.
105.5 General.
105.7 use of alcohol and drugs.
105.9 Inspections.
Subpart B--Operating Rules
105.13 Federal RegisterRadio equipment and use requirements.
105.15 Information required and notice of cancellation or
postponement of a parachute operation.
105.17 Flight visibility and clearance from cloud requirements.
105.19 Parachute operations between sunset and sunrise.
105.21 Parachute operations over or into a congested area or an
open-air assembly of persons.
105.23 Parachute operations over or onto airports.
105.25 Parachute operations in designated airspace.
Subpart C--Parachute Equipment and Packing
105.41 Applicability.
105.43 Use of single-harness, dual-parachute systems.
105.45 Use of tandem parachute systems.
105.47 Use of static lines.
105.49 Foreign parachutists and equipment.
Authority: 49 U.S.C. 106(g), 40113-40114, 44701-44702, 44721.
Sec. 105.1 Applicability.
(a) Except as provided in paragraphs (b) and (c) of this section,
this part prescribes rules governing parachute operations conducted in
the United States.
(b) This part does not apply to a parachute operation conducted--
(1) In response to an in-flight emergency, or
(2) To meet an emergency on the surface when it is conducted at the
direction or with the approval of an agency of the United States, or of
a State, Puerto Rico, the District of Columbia, or a possession of the
United States, or an agency or political subdivision thereof.
(c) Sections 105.5, 105.9, 105.13, 105.15, 105.17, 105.19 through
105.23, 105.25(a)(1) and 105.27 of this part do not apply to a
parachute operation
[[Page 23554]]
conducted by a member of an Armed Force--
(1) Over or within a restricted area when that area is under the
control of an Armed Force.
(2) During military operations in uncontrolled airspace.
Sec. 105.3 Definitions.
For the purposes of this part--
Approved parachute means a parachute manufactured under a type
certificate or a Technical Standard Order (C-23 series), or a
personnel-carrying U.S. military parachute (other than a high altitude,
high speed, or ejection type) identified by a Navy Air Facility, an
Army Air Field, and Air Force-Navy drawing number, an Army Air Field
order number, or any other military designation or specification
number.
Automatic Activation Device means a self-contained mechanical or
electro-mechanical device that is attached to the interior of the
reserve parachute container, which automatically initiates parachute
deployment of the reserve parachute at a pre-set altitude, time,
percentage of terminal velocity, or combination thereof.
Direct Supervision means that a certificated rigger personally
observes a non-certificated person packing a main parachute to the
extent necessary to ensure that it is being done properly, and takes
responsibility for that packing.
Drop Zone means any pre-determined area upon which parachutists or
objects land after making an intentional parachute jump or drop. The
center-point target of a drop zone is expressed in nautical miles from
the nearest VOR facility when 30 nautical miles or less; or from the
nearest airport, town, or city depicted on the appropriate Coast and
Geodetic Survey World Aeronautical Chart or Sectional Aeronautical
Chart, when the nearest VOR facility is more than 30 nautical miles
from the drop zone.
Foreign parachutist means a parachutist who is neither a U.S.
citizen or a resident alien and is participating in parachute
operations within the United States using parachute equipment not
manufctured in the United States.
Freefall means the portion of a parachute jump or drop between
aircraft exit and parachute deployment in which the parachute is
activated manually by the parachutist at the parachutist's discretion
or automatically, or, in the case of an object, is activated
automatically.
Main parachute means a parachute worn as the primary parachute used
or intended to be used in conjunction with a reserve parachute.
Object means any item other than a person that descends to the
surface from an aircraft in flight when a parachute is used or is
intended to be used during all or part of the descent.
Parachute drop means the descent of an object to the surface from
an aircraft in flight when a parachute is used or intended to be used
during all or part of that descent.
Parachute jump means a parachute operation that involves the
descent of one or more persons to the surface from an aircraft in
flight when a aircraft is used or intended to be used during all or
part of that descent.
Parachute operation means the performance of all activity for the
purpose of, or in support of, a parachute jump or a parachute drop.
This parachute operation can involve, but is not limited to, the
following persons: parachutist, parachutist in command and passenger in
tandem parachute operations, drop zone or owner or operator, jump
master, certificated parachute rigger, or pilot.
Parachutist means a person who intends to exit an aircraft while in
flight using a single-harness, dual parachute system to descend to the
surface.
Parachutist in command means the person responsible fro the
operation and safety of a tandem parachute operation.
Passenger parachutist means a person who boards an aircraft, acting
as other than the parachutist in command of a tandem parachute
operation, with the intent of existing the aircraft while in-flight
using the forward harness of a dual harness tandem parachute system to
descend to the surface.
Pilot chute means a small parachute used to initiate and/or
accelerate deployment of a main or reserve parachute.
Ram-air parachute means a parachute with a canopy consisting of an
upper and lower surface that is inflated by ram air entering through
specially designed openings in the front of the canopy to form a
gliding airfoil.
Reserve parachute means an approved parachute worn for emergency
use to be activated only upon failure of the main parachute or in any
other emergency where use of the main parachute is impractical or use
of the main parachute would increase risk.
Single-harness, dual parachute system: means the combination of a
main parachute, approved reserve parachute, and approved single person
harness and dual-parachute container. This parachute system may have an
operational automatic activation device installed.
Tandem parachute operation: means a parachute operation in which
more than one person simultaneously uses the same tandem parachute
system while descending to the surface from an aircraft in flight.
Tandem parachute system: means the combination of a main parachute,
approved reserve parachute, and approved harness and dual parachute
container, and a separate approved forward harness for a passenger
parachutist. This parachute system must have an operational automatic
activation device installed.
Sec. 105.5 General.
No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a parachute operation to be conducted
from an aircraft, if that operation creates a hazard to air traffic or
to persons or property on the surface.
Sec. 105.7 Use of alcohol and drugs.
No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a person to conduct a parachute
operation from that aircraft, if that person is or appears to be under
the influence of--
(a) Alcohol, or
(b) Any drug that affects that person's faculties in any way
contrary to safety.
Sec. 105.9 Inspections.
The Administrator may inspect any parachute operation to which this
part applies (including inspections at the site where the parachute
operation is being conducted) to determine compliance with the
regulations of this part.
Subpart B--Operating Rules
Sec. 105.13 Radio equipment and use requirements.
(a) Except when otherwise authorized by air traffic control--
(1) No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a parachute operation to be conducted
from that aircraft, in or into controlled airspace unless, during that
flight--
(i) The aircraft is equipped with a functioning two-way radio
communication system appropriate to the air traffic control facilities
being used; and
(ii) Radio communications have been established between the
aircraft and the air traffic control facility having jurisdiction over
the affected airspace of the first intended exit altitude at least 5
minutes before the parachute operation begins. The pilot in command
must establish radio communications to receive information regarding
air traffic
[[Page 23555]]
activity in the vicinity of the parachute operation.
(2) The pilot in command of an aircraft used for any parachute
operation in or into controlled airspace must, during each flight--
(i) Continuously monitor the appropriate frequency of the
aircraft's radio communications system from the time radio
communications are first established between the aircraft and air
traffic control, until the pilot advises air traffic control that the
parachute operation has ended for that flight.
(ii) Advise air traffic control when the last parachutist or object
leaves the aircraft.
(b) Parachute operations must be aborted if, prior to receipt of a
required air traffic control authorization, or during any parachute
operation in or into controlled airspace, the required radio
communications system is or becomes inoperative.
Sec. 105.15 Information required and notice of cancellation or
postponement of a parachute operation.
(a) Each person requesting an authorization under Secs. 105.21(b)
and 105.25(a)(2) of this part and each person submitting a notification
under Sec. 105.25(a)(3) of this part must provide the following
information (on an individual or group basis):
(1) The date and time the parachute operation will begin.
(2) The radius of the drop zone around the target expressed in
nautical miles.
(3) The location of the center of the drop zone in relation to--
(i) The nearest VOR facility in terms of the VOR radial on which it
is located and its distance in nautical miles from the VOR facility
when that facility is 30 nautical miles or less from the drop zone
target; or
(ii) the nearest airport, town, or city depicted on the appropriate
Coast and Geodetic Survey World Aeronautical Chart or Sectional
Aeronautical Chart, when the nearest VOR facility is more than 30
nautical miles from the drop zone target.
(4) Each altitude above mean sea level at which the aircraft will
be operated when parachutists or objects exist the aircraft.
(5) The duration of the intended parachute operation.
(6) The name, address, and telephone number of the person who
requests the authorization or gives notice of the parachute operation.
(7) The registration number of the aircraft to be used.
(8) The name of the air traffic control facility with jurisdiction
of the airspace at the first intended exit altitude to be used for the
parachute operation.
(b) Each holder of a certificate of authorization issued under
Secs. 105.21(b) and 105.25(b) of this part must present that
certificate for inspection upon the request of the Administrator or any
Federal, State, or local official.
(c) Each person requesting an authorization under Secs. 105.21(b)
and 105.25(a)(2) of this part and each person submitting a notice under
Sec. 105.25(a)(3) of this part must promptly notify the air traffic
control facility having jurisdiction over the affected airspace if the
proposed or scheduled parachute operation is canceled or postponed.
Sec. 105.17 Flight visibility and clearance from cloud requirements.
No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a parachute operation to be conducted
from that aircraft--
(a) Into or through a cloud, or
(b) When the flight visibility or the distance from any cloud is
less than that prescribed in the following table:
------------------------------------------------------------------------
Flight visibility Distance from
Altitude (statute miles) clouds
------------------------------------------------------------------------
1,200 feet or less above the 3 500 feet below,
surface regardless of the MSL 1,000 feet above,
altitude. 2,000 feet
horizontal.
More than 1,200 feet above the 3 500 feet below,
surface but less than 10,000 1,000 feet above,
feet MSL. 2,000 feet
horizontal.
More than 1,200 feet above the 5 1,000 feet below,
surface and at or above 10,000 1,000 feet above,
feet MSL. 1 mile
horizontal.
------------------------------------------------------------------------
Sec. 105.19 Parachute operations between sunset and sunrise.
(a) No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a person to conduct a parachute
operation from an aircraft between sunset and sunrise, unless the
person or object descending from the aircraft displays a light that is
visible for at least 3 statute miles.
(b) The light required by paragraph (a) of this section must be
displayed from the time that the person or object is under a properly
functioning open parachute until that person or object reaches the
surface.
Sec. 105.21 Parachute operations over or into a congested area or an
open-air assembly of persons.
(a) No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a parachute operation to be conducted
from that aircraft, over or into a congested area of a city, town, or
settlement, or an open-air assembly of persons unless a certificate of
authorization for that parachute operation has been issued under this
section. However, a parachutist may drift over a congested area or an
open-air assembly of persons with a fully deployed and properly
functioning parachute if that parachutist is at a sufficient altitude
to avoid creating a hazard to persons or property on the surface.
(b) An application for a certificate of authorization issued under
this section must--
(1) Be made in the form and manner prescribed by the Administrator,
and
(2) Contain the information required in Sec. 105.15(a) of this
part.
(c) Each holder of, and each person named as a participant in a
certificate of authorization issued under this section must comply with
all requirements contained in the certificate of authorization.
(d) Each holder of a certificate of authorization issued under this
section must present that certificate for inspection upon the request
of the Administrator, or any Federal, State, or local official.
Sec. 105.23 Parachute operations over or onto airports.
No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a parachute operation to be conducted
from that aircraft, over or onto any airport unless--
(a) For airports with an operating control tower:
(1) Prior approval has been obtained from the management of the
airport to conduct parachute operations over or on that airport.
[[Page 23556]]
(2) Approval has been obtained from the control tower to conduct
parachute operations over or onto that airport.
(3) Two-way radio communications are maintained between the pilot
of the aircraft involved in the parachute operation and the control
tower of the airport over or onto which the parachute operation is
being conducted.
(b) For airports without an operating control tower, prior approval
has been obtained from the management of the airport to conduct
parachute operations over or on that airport.
(c) A parachutist may drift over that airport with a fully deployed
and properly functioning parachute if the parachutist is at least 2,000
feet above that airport's traffic pattern, and avoids creating a hazard
to air traffic or to persons and property on the ground.
Sec. 105.25 Parachute operations in designated airspace.
(a) No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a parachute operation to be conducted
from that aircraft--
(1) Over or within a restricted area or prohibited area unless the
controlling agency of the area concerned has authorized that parachute
operation;
(2) Within or into a Class A, B, C, D airspace area without, or in
violation of the requirements of, an air traffic control authorization
issued under this section;
(3) Except as provided in paragraph (c) and (d) of this section,
within or into Class E or G airspace area unless the air traffic
control facility having jurisdiction over the airspace at the first
intended exit altitude is notified of the parachute operation no
earlier than 24 hours before or no later than 1 hour before the
parachute operation begins.
(b) Each request for a parachute operation authorization or
notification required under this section must be submitted to the air
traffic control facility having jurisdiction over the airspace at the
first intended exit altitude and must include the information
prescribed by Sec. 105.15(a) of this part.
(c) For the purposes of paragraph (a)(3) of this section, air
traffic control facilities may accept a written notification from an
organization that conducts parachute operations and lists the scheduled
series of parachute operations to be conducted over a stated period of
time not longer than 12 calendar months. The notification must contain
the information prescribed by Sec. 105.15(a) of this part, identify the
responsible persons associated with that parachute operation, and be
submitted at least 15 days, but not more than 30 days, before the
parachute operation begins. The FAA may revoke the acceptance of the
notification for any failure of the organization conducting the
parachute operations to comply with its requirements.
(d) Paragraph (a)(3) of this section does not apply to a parachute
operation conducted by a member of an Armed Force within a restricted
area that extends upward from the surface when that area is under the
control of an Armed Force.
Subpart C--Parachute Equipment and Packing
Sec. 105.41 Applicability.
This subpart prescribed rules governing parachute equipment used in
civil parachute operations.
Sec. 105.43 Use of single-harness, dual-parachute systems.
No person may conduct a parachute operation using a single-harness,
dual-parachute system, and no pilot in command of an aircraft may allow
any person to conduct a parachute operation from that aircraft using a
single-harness, dual-parachute system, unless that system has at least
one main parachute, one approved reserve parachute, and one approved
single person harness and container that are packed as follows:
(a) The main parachute must have been packed within 120 days before
the date of its use of a certificated parachute rigger, the person
making the next jump with that parachute, or a non-certificated person
under the direct supervision of a certification parachute rigger.
(b) The reserve parachute must have been packed by a certificated
parachute rigger--
(1) Within 120 days before the date of its use, if its canopy,
shroud, and harness are composed exclusively of nylon, rayon, or
similar synthetic fiber or material that is substantially resistant to
damage from mold, mildew, and other fungi, and other rotting agents
propagated in a moist environment; or
(2) Within 60 days before the date of its use, if it is composed of
any amount of silk, pongee, or other natural fiber, or material not
specified in paragraph (b)(1) of this section.
(c) If installed, the automatic activation device must be
maintained in accordance with manufacturer instructions for that
automatic activation device.
Sec. 105.45 Use of tandem parachute systems.
(a) No person may conduct a parachute operation using a tandem
parachute system, and no pilot in command of an aircraft may allow any
person to conduct a parachute operation from that aircraft using a
tandem parachute system, unless--
(1) One of the parachutists using the tandem parachute system is
the parachutist in command, and meets the following requirements:
(i) Has a minimum of 3 years of experience in parachuting, and must
provide documentation that the parachutist--
(ii) Has completed a minimum of 500 freefall parachute jumps using
a ram-air parachute, and
(iii) Holds a master parachute license issued by an organization
recognized by the FAA, and
(iv) Has successfully completed a tandem instructor course given by
the manufacturer of the tandem parachute system used in the parachute
operation or a course acceptable to the Administrator.
(v) Has been certified by the appropriate parachute manufacturer or
tandem course provider as being properly trained on the use of the
specific tandem parachute system to be used.
(2) The person acting as parachutist in command:
(i) Has briefed the passenger parachutist before boarding the
aircraft. The briefing must include the procedures to be used in case
of an emergency with the aircraft or after exiting the aircraft, while
preparing to exit and exiting the aircraft, freefall, operating the
parachute after freefall, landing approach, and landing.
(ii) Uses the harness position prescribed by the manufacturer of
the tandem parachute equipment.
(b) No person may make a parachute jump with a tandem parachute
system unless--
(1) The main parachute has been packed by a certificated parachute
rigger, the parachutist in command making the next jump with that
parachute, or a person under the direct supervision of a certificated
parachute rigger.
(2) The reserve parachute has been packed by a certificated
parachute rigger in accordance with Sec. 105.43(b) of this part.
(3) The tandem parachute system contains an operational automatic
activation device for the reserve parachute, approved by the
manufacturer of that tandem parachute system. The device must--
(i) Have been maintained in accordance with manufacturer
instructions, and
(ii) Be armed during each tandem parachute operation.
[[Page 23557]]
(4) The passenger parachutist is provided with a manual main
parachute activation device and instructed on the use of that device,
if required by the owner/operator.
(5) The main parachute is equipped with a single-point release
system.
(6) The reserve parachute meets Technical Standard Order C23
specifications.
Sec. 105.47 Use of static lines.
(a) Except as provided in paragraph (c) of this section, no person
may conduct a parachute operation using a static line attached to the
aircraft and the main parachute unless an assist device, described and
attached as follows, is used to aid the pilot chute in performing its
function, or, if no pilot chute is used, to aid in the direct
deployment of the main parachute canopy. The assist device must--
(1) Be long enough to allow the main parachute container to open
before a load is placed on the device.
(2) Have a static load strength of--
(i) At least 28 pounds but not more than 160 pounds if it is used
to aid the pilot chute in performing its function; or
(ii) At least 56 pounds but not more than 320 pounds if it is used
to aid in the direct deployment of the main parachute canopy; and
(3) Be attached as follows:
(i) At one end, to the static line above the static-line pins or,
if static-line pins are not used, above the static-line ties to the
parachute cone.
(ii) At the other end, to the pilot chute apex, bridle cord, or
bridle loop, or, if no pilot chute is used, to the main parachute
canopy.
(b) No person may attach an assist device required by paragraph (a)
of this section to any main parachute unless that person is a
certificated parachute rigger or that person makes the next parachute
jump with that parachute.
(c) An assist device is not required for parachute operations using
direct-deployed, ram-air parachutes.
Sec. 105.49 Foreign parachutists and equipment.
(a) No person may conduct a parachute operation, and no pilot in
command of an aircraft may allow a parachute operation to be conducted
from that aircraft with an unapproved foreign parachute system unless--
(1) The parachute system is worn by a foreign parachutist who is
the owner of that system.
(2) The parachute system is of a single-harness dual parachute
type.
(3) The parachute system meets the civil aviation authority
requirements of the foreign parachutist's country.
(4) All foreign non-approved parachutes deployed by a foreign
parachutist during a parachute operation conducted under this section
shall be packed as follows--
(i) The main parachute must be packed by the foreign parachutist
making the next parachute jump with that parachute, a certificated
parachute rigger, or any other person acceptable to the Administrator.
(ii) The reserve parachute must be packed in accordance with the
foreign parachutist's civil aviation authority requirements, by a
certificated parachute rigger, or any other person acceptable to the
Administrator.
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
7. The authority citation for part 119 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 44105,
44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912,
44914, 44936, 44938, 46103, 46105.
8. Section 119.1 is amended by revising paragraph (e)(6) to read as
follows:
Sec. 119.1 Applicability.
* * * * *
(e) * * *
(6) Nonstop flights conducted within a 25-statute-mile radius of
the airport of takeoff carrying persons or objects for the purpose of
conducting intentional parachute operations.
Issued in Washington, DC on May 4, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-11726 Filed 5-8-01; 8:45 am]
BILLING CODE 4910-13-M