[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Proposed Rules]
[Pages 18302-18314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8753]
[[Page 18301]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
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14 CFR Parts 65, 91, 105, and 119 Parachute Operations; Proposed Rule
Federal Register / Vol. 64, No. 70 / Tuesday, April 13, 1999 /
Proposed Rules
[[Page 18302]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 65, 91, 105, 119
[Docket No. FAA-1999-5483; Notice No. 99-03]
RIN 2120-AG52
Parachute Operations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to amend the regulations applicable to
parachute operations. The FAA proposes to define several new terms, to
provide definitions for terms previously not defined, to clarify the
current regulations, and to require that parachute operations be
coordinated with the air traffic control facility having jurisdiction
over the airspace in which the operations will be conducted. This
action also proposes regulations to permit tandem parachute operations
and allow non-U.S. certificated parachutists visiting from other
countries to use equipment manufactured and packed in a foreign country
when parachuting in the United States. In addition, the FAA proposes to
remove the static-line assist device requirements for ram-air
parachutes, and to add an accident reporting requirement. The FAA is
proposing this action to enhance the safety of parachute operations in
the National Airspace System (NAS).
DATES: Comments must be received on or before July 12, 1999.
ADDRESSES: Comments on this proposed rulemaking should be mailed or
delivered, in duplicate, to the U.S. Department of Transportation (DOT)
Dockets, Docket No. FAA-99-5483, 400 Seventh Street SW., Room Plaza
401, Washington, DC 20590. Comments also may be sent electronically to
the following Internet address: [email protected]. Comments may be
filed and examined in Room Plaza 401 between 10:00 a.m. and 5:00 p.m.
weekdays except Federal holidays.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this notice also are invited. Substantive comments should
be accompanied by cost estimates. Comments must identify the regulatory
docket or notice number and be submitted in duplicate to the Rules
Docket address specified above.
All comments received, as well as a report summarizing each
substantive public contact with FAA personnel on this rulemaking, will
be filed in the docket. The docket is available for public inspection
before and after the close of the comment period.
All comments received on or before the closing date will be
considered by the Administrator before taking action on this proposed
rulemaking. Late-filed comments will be considered to the extent
practicable. The proposals contained in this notice may be changed in
light of the comments received.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must include a pre-addressed,
stamped postcard with those comments on which the following statement
is made: ``Comments to Docket No. FAA-1999-5483.'' The postcard will be
date stamped and mailed to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM 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. Communications must identify the notice number or docket
number of this NPRM.
Using a modem and suitable communications software, an electronic
copy of this document may be downloaded from the FAA regulations
section of the FedWorld electronic bulletin board service (telephone:
(703) 321-3339) or the Federal Register's electronic bulletin board
service (telephone: (202) 512-1661).
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's web page at http://www.access.gpo.gov/
su__docs for access to recently published rulemaking documents.
Persons interested in being placed on the mailing list for future
NPRMs should request from the above office a copy of Advisory Circular
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.
Background
In 1991, the FAA reviewed part 105 and determined that revisions
are necessary based on changes in the parachute industry and in
parachute equipment since the rule was published in 1962. The changes
in this proposed rule include: regulations to reflect current airspace
reclassification, additional air traffic control communication
requirements, improved parachute design, changes in industry practices,
and clarification of existing regulations. The FAA believes that
implementation of these changes would result in improved safety for
parachute operations and other users of the NAS.
Discussion of the Proposal
Terminology
Part 105 currently is titled, ``Parachute Jumping,'' and prescribes
rules applicable to ``parachute jumps.'' The FAA proposes to retitle
part 105 ``Parachute Operations'' since this title better describes
activities addressed by this part.
The FAA proposes to include a ``definitions'' section that would be
numbered section 105.3. The definitions section would address three
categories of terms: those that are used in the current part 105 but
not defined, those terms previously defined but in need of further
clarification, and those terms new to part 105.
There are several terms used in the current part 105, which are not
defined, but are defined in this proposed rule. A definition for ``main
parachute'' is provided to distinguish between it and the ``reserve
parachute.'' A definition for the term ``pilot chute'' is also
proposed, which is defined as that part of a parachute system that
initiates or accelerates the deployment of a parachute. Another term
used in the current regulation but not defined is ``drop zone.'' A
``drop zone'' would be defined as any predetermined area upon which
parachutists or objects land after making an intentional parachute jump
or drop.
In addition, part 105 contains terms that are defined but require
further clarification. To distinguish between a ``parachute jump'' and
a ``parachute drop,'' the FAA proposes to define
[[Page 18303]]
``parachute jump'' as a parachute operation that involves a person or
persons, and ``parachute drop'' as a parachute operation that involves
an object.
The term ``reserve parachute'' would replace the term ``auxiliary
parachute.'' A ``reserve parachute'' would be defined as an approved
parachute worn for emergency use, activated only upon failure of the
main parachute, or in any other emergency where use of the main
parachute is impractical or would increase the risk of injury.
The FAA proposes to add new terms to part 105 as a result of
changes in the parachute industry. The term ``parachutist'' would be
included in the definition section and defined as a person who boards
an aircraft with the intent to use a single-harness dual parachute
system to descend to the surface.
The FAA also proposes to define the term ``foreign parachutist.'' A
foreign parachutist is a parachutist that is neither a U.S. citizen nor
a resident alien.
The term ``parachute operation'' would be added and defined as any
activity involving the use of a parachute for a controlled descent to
the surface.
The FAA proposes to permit tandem parachute operations in the
revised part 105. Currently, tandem parachute operations are permitted
only by exemption and under certain conditions. This proposal includes
the definitions of four new terms related to tandem parachutes and
tandem parachute operations. These terms are ``parachutist in
command,'' ``passenger parachutist,'' ``tandem parachute operation,''
and ``tandem parachute system.'' A ``parachutist in command'' is the
person responsible for the operation and safety of a tandem parachute
operation before, during, and after a tandem parachute operation. The
term ``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 exiting the aircraft while in flight using
the forward harness of a dual harness tandem parachute system to
descend to the surface. A ``tandem parachute operation'' is defined as
a parachute operation in which more than one person uses the same
tandem parachute system while descending to the surface from an
aircraft in flight. A ``tandem parachute system'' is the combination of
a main parachute, approved reserve parachute, an approved harness and
dual parachute container, and a separate approved forward harness for a
passenger parachutist.
To facilitate the proposed accident reporting requirements, the FAA
proposes to add the terms ``serious injury'' and ``fatal injury.'' The
FAA proposes to use the same definitions for these two terms as used by
the National Transportation Safety Board (NTSB). A ``serious injury''
means 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. A ``fatal injury'' means any
parachuting injury that results in death within 30 days from the date
of the injury.
The FAA also proposes to add the term ``supervision'' in describing
a certificated parachute rigger's responsibilities when a parachute is
packed by a non-certificated person. The scope of supervision of a non-
certificated person would be similar to the supervision requirements
stated in 14 CFR Sec. 43.3(d), which states that a ``supervisor
personally observes the work being done to the extent necessary to
ensure that it is being done properly and if the supervisor is readily
available, in person, for consultation.''
The FAA proposes to add and define the term ``ram air parachute''.
When the current part 105 was issued, the parachutes in use were round.
Since then, ram air parachutes, which are square or rectangular in
shape, have been developed and are commonly used in the parachuting
industry. Present regulations, which address round parachutes, do not
address the unique operational characteristics of ram air parachutes,
such as the steering capability. The addition of a definition for ram
air parachutes incorporates the use of ram air parachutes in the
current part 105.
The term ``approved parachute'' is currently used in the
regulations and its definition has been included in this proposal.
Radio Communications
Currently, section 105.14(a)(1)(ii) requires that 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 proposes to change this communication requirement to require that
radio communication be established with the air traffic control
facility having jurisdiction over the airspace in which the parachute
operation is conducted.
This proposal arises from the results of a FAA review of a
selection of Aviation Safety Reporting (ASR) System reports filed with
the National Aeronautics and Space Administration (NASA) between
February 1992 and November, 1998. The FAA studied numerous ASR reports,
in which pilots reported near midair collisions between their aircraft
and aircraft involved in parachute operations. In addition, other
reports involved aircraft flying in close proximity to parachutists who
were descending to the ground near an airport or within controlled
airspace.
The ASR reports are submitted voluntarily. According to NASA, the
existence of reports concerning a specific topic in the ASRS database
cannot, therefore, be used to infer the prevalence of that problem
within the National Airspace System. However, these reports are often
used by the FAA to provide further background information and insight
into safety issues that are already being addressed by the FAA.
The ASR reports relate numerous incidents where aircraft on
instrument flight plans were not provided with traffic advisories of
parachute operations along their route of flight. In some cases, the
air traffic controller was not in communication with the aircraft
involved in parachute operations, and in other cases, not even aware
the parachute activity was taking place. This proposal will ensure that
aircraft involved in parachute operations are in communication with the
appropriate ATC facility, thereby facilitating the exchange of traffic
advisories, and reducing the risk of midair collisions between aircraft
and persons conducting parachute operations.
In addition to enhancing safety, the proposed radio communication
requirements would conform to annex 2 of the International Aviation
Organization (ICAO), ``Rules of the Air,'' chapter 3.1.6, ``Parachute
Descents.'' This annex states, ``parachute descents, other than
emergency descents, shall not be made except under conditions
prescribed by the appropriate authority and as indicated by relevant
information, advice and/or clearance from the appropriate air traffic
services unit.''
Reporting and Notification Requirements
The FAA proposes to amend the reporting and notification
requirements for individuals conducting parachute operations. Sections
105.19 and 105.23(a) respectively state that a parachute jump may not
be made in certain designated airspace unless an
[[Page 18304]]
authorization is obtained from, or notification is given to, the
nearest FAA air traffic control facility (ATC) or FAA flight service
station (FSS), as appropriate. Section 105.25(b) also requires that
these facilities be notified if the parachute jumping activity is
canceled or postponed.
Under the proposed rule, the air traffic control facility having
jurisdiction over the affected airspace would be notified before
conducting the parachute operation; notification to FAA flight service
stations would no longer be required. The FAA believes that it is
appropriate for facilities that have jurisdiction over the airspace in
which the operations are taking place to be notified because flight
service stations are not responsible for the separation of aircraft.
Under the proposed rule, the facility receiving notification of
parachute activity would be responsible for advising the FSS in order
to disseminate this information to users of the NAS. The FAA believes
that this requirement would encourage a dialogue between those engaged
in parachute operations and ATC, particularly at locations where
parachute operations could potentially interfere with air traffic
operations. The current provision that a pilot obtain prior approval
from airport management to conduct parachute operations over or onto
that airport remains unchanged.
This NPRM also includes a provision under proposed section 105.15
that each person submitting notification under 105.25(a)(3) specify the
radio frequencies appropriate to the facilities to be used during the
parachute operation, rather than the radio frequencies available in the
aircraft.
Another proposed change to the notification procedures concerns air
traffic control towers that are not operated by the U.S. Government
(hereafter ``non-federal tower''). The current section 105.17 permits
parachute operations to be conducted at airports that have an
operating, non-federal tower without prior coordination with that
facility. The FAA has determined that to improve safety, pilots of
aircraft conducting parachute operations should be required to contact
the air traffic control tower having jurisdiction over the area where
parachute operations will be conducted, regardless of who is
responsible for tower operations. Therefore, the FAA proposes to
require that pilots of aircraft conducting parachute operations over or
onto an airport with an operating air traffic control tower establish
and maintain two-way radio communication with, and obtain approval
from, the air traffic control tower before conducting parachute
operations at that airport.
Parachute Packing
The FAA proposes to amend the regulations governing who is
permitted to pack a parachute. Sections 65.111(b) and 105.43(a)(1)
state that only a certificated parachute rigger or the person intending
to jump using the parachute is authorized to pack a main parachute.
Conversely, section 65.125 permits a current certificated senior or
master parachute rigger (hereafter referred to as ``certificated
parachute rigger'') to supervise other persons in packing any type of
parachute for which that certificated parachute rigger is rated.
As a result of the inconsistency between the above sections of the
regulations, the parachute industry has adopted a practice in which a
certificated rigger regularly supervises other non-certificated persons
packing main parachutes. This practice has become so widespread that an
informal distinction between a ``paid packer'' and ``rigger'' exists,
with the latter referring to a certificated rigger. The FAA has found
that permitting a non-certificated person to pack a main parachute
while supervised by a certificated rigger does not compromise safety.
Therefore, for purposes of consistency, the FAA proposes to include
provisions in sections 105.43(a) and 105.45(b)(1) to allow non-
certificated persons to pack main parachutes when supervised by a
certificated rigger.
The FAA proposes to clarify the meaning of the term
``supervision,'' since there has been some industry confusion as to
what constitutes appropriate supervision. Section 65.125 currently
permits a certificated parachute rigger to supervise the packing of a
parachute. In the proposed regulation, a certificated rigger must
personally observe the entire packing process of the main parachute to
ensure that it is being done properly by a non-certificated person who
is not the holder of a parachute-rigging certificate. The certificated
parachute rigger should be available for immediate consultation while
the non-certificated parachute rigger is packing the main parachute.
The certificated parachute rigger also should inspect the main
parachute being packed, as necessary, through, and upon completion of
the packing process. The only exception to this proposal would be if
the person packing the main parachute is the parachutist in command and
is making the next parachute jump with that parachute. These same
requirements are proposed to apply to the packing of a tandem main
parachute and will be discussed further.
Parachute Operations Between Sunset and Sunrise
The FAA proposes an addition to the current Sec. 105.33 requirement
that a parachutist must display a light, visible for 3 statute miles,
from the time he or she exits the aircraft. The proposal also would
require that a light be displayed that is visible for 3 statute miles
in all directions. The FAA also proposes that any object that is part
of a parachute drop display a light visible for 3 statute miles in all
directions from the time the object leaves the aircraft. This proposed
requirement would conform to annex 2 of the ICAO ``Rules of the Air,''
chapter 3.1.6, ``Parachute Descents.''
Accident Reporting Requirements
Presently, parachutists are not required to notify the FAA when
involved in a parachuting accident. The majority of the information
that the FAA has on parachute operations accidents is generally
obtained as a result of a condition set forth in the grant of an
exemption permitting tandem parachute operations. The National
Transportation Safety Board (NTSB) has recommended that the FAA begin
collecting information on parachute operations accidents. As a result
of these recommendations, the FAA has decided to improve its existing
accident database, which requires improving the collection process for
this data. Once collected, this data would be used to assess the safety
of parachute operations and prevent future accidents.
Consequently, the FAA is proposing that the parachutist involved in
the accident, the pilot of the aircraft, or the drop zone owner or
operator be required to notify the FAA of any serious or fatal injury
to a parachutist while conducting a parachute operation.
Tandem Parachute Operations
When part 105 was originally issued, civilian parachute operations
were limited to the use of a single-harness, dual-parachute pack. Since
then, the parachute industry has developed new dual harness systems
that support two people under a single parachute. Because part 105
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.
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The first exemption authorizing tandem parachute operations in the
United States was granted by the FAA in 1984. Since then, more than 2.5
million experimental tandem parachute jumps have been conducted
throughout the world, including those operations conducted under
exemption authority in the United States. 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 amend
section 105.43 to permit tandem parachute operations using an FAA-
approved, dual-harness dual-parachute system capable of supporting two
parachutists under a single canopy. While considering the USPA
petition, the FAA reviewed accident statistics from 1991 through 1996.
During this time period, approximately 16,990,000 total parachute
operations were conducted, 670,707 of which were conducted using tandem
parachutes. Of the total parachute operations, 194 resulted in
fatalities due to equipment failure, 8 of which involved the use of
tandem parachutes. The overall fatality rate for first-time skydivers
involved in single-harness operations is 2.7 fatalities per 100,000
jumps. The overall fatality rate for first-time skydivers involved in
tandem operations is lower, 1.2 fatalities per 100,000 jumps.
Based on the relatively low rate of fatalities that occurred during
tandem operations as compared to those that occurred during single
harness operations, the FAA has determined that the companies
conducting experimental tandem parachute operations under an exemption
from part 105 have demonstrated that tandem operations can be conducted
safely. Accordingly, the FAA has concluded that tandem parachute
operations should be permitted and it proposes to add section 105.45 to
allow tandem parachute operations.
The proposed section 105.45 would permit tandem parachute
operations under terms similar to the conditions and limitations
previously contained in the exemption issued to experimental tandem
parachute operators, which include: (1) Requirements for instructor
experience; (2) passenger briefings before boarding the aircraft used
in the parachute operation; and (3) equipment inspection and packing.
The FAA proposes to use the terms ``passenger parachutist'' and
``parachutist in command'' to replace ``student'' and ``instructor,''
respectively, as used in the exemptions. In addition, the notification
requirements for tandem parachute operations would be included in the
general notification requirements of proposed section 105.13.
Specifically, the FAA proposes that the parachutist in command of a
tandem parachute operation must provide documentation that the
parachutist: (1) Has a minimum of three years experience in
parachuting; (2) has completed a minimum of 500 freefall parachute
jumps, at least 300 of which were completed using a ram-air parachute;
(3) holds an expert parachute license issued by an organization
recognized by the FAA; (4) has successfully completed a tandem
instructor course given by the manufacturer of the tandem equipment
used in the parachute operation or a course acceptable to the
Administrator; and (5) 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.
Additionally, the parachutist in command would be required to
conduct briefings on tandem parachute operations for passenger
parachutists before each flight and use the harness position prescribed
by the manufacturer of the tandem parachute equipment.
Lastly, the FAA proposes to require that a certificated rigger
supervise individuals packing parachutes to be used in tandem parachute
operations, unless the person packing the parachute is the parachutist
in command conducting the next parachute jump with that parachute in
accordance with the proposed section 105.45.
Static-Line Assist Devices
The USPA submitted a second petition for rulemaking in July 1997
requesting that the FAA amend section 105.43 to permit parachute
operations using static-line, direct-deployed, ram-air parachutes
without using a static-line assist device.
Skydiving schools and parachute manufacturers have been concerned
that a direct deployment assist device could cause canopy damage and
malfunctions. Due to this concern, the USPA Safety & Training Committee
and the Parachute Industry Association Technical Committee, conducted a
series of tests to determine the effect of the required device in 1989.
The tests showed that an assist device does not improve the reliability
of the static line direct deployment of a ram-air canopy. The tests
also show that there are no adverse effects when the device is removed.
As a result of these tests, the FAA believes 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 amend section 105.43 to allow foreign
parachutists to make parachute jumps in the United States using their
own equipment.
Section 105.43(a) currently states that no person may make a
parachute jump wearing a single-harness, dual-parachute pack having at
least one main parachute and one approved reserve parachute, unless the
main parachute is packed by a certificated parachute rigger or by the
person making the jump, within 120 days before the date of its use, and
that the reserve parachute is packed by a U.S. certificated and
appropriately rated parachute rigger. The requirements of section
105.43(a) were adopted to protect parachutists from inadequate
equipment at a time when the sport parachute industry was in its
infancy. Part 105 does not except foreign parachutists from the
requirements imposed by section 105.43(a). Therefore, foreign
parachutists making parachute jumps in the United States with their own
equipment are still required to have an approved reserve parachute,
approved harness and dual-parachute container and have that reserve
parachute packed by a U.S. certificated and appropriately rated
parachute rigger.
As a result of this requirement, experienced foreign parachutists
must have an exemption from section 105.43(a) in order to use their own
parachute equipment while conducting parachute operations in the United
States. Since 1972, the FAA has issued these exemptions to
organizations sponsoring parachuting events attended by foreign
parachutists and has found operations conducted under these exemptions
have been conducted safely. Additionally, the FAA recognizes that the
parachute equipment industry has become more sophisticated and safety
conscious, and that foreign manufacturers of parachute equipment often
meet U.S. standards. Therefore, the FAA proposes to add a new section
105.49 to address foreign parachutist equipment and parachute
operations.
This proposed section incorporates the terms and conditions set
forth in the grant of exemptions to allow these
[[Page 18306]]
parachute jumps. The FAA proposes to permit foreign parachutists to
conduct jumps in the U.S. using their own equipment provided that they
use single-harness, dual-parachute systems which contain a non-
Technical Standard Order (TSO) reserve parachute or a non-TSO'd harness
and container. 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.
certificated parachute rigger. These proposed requirements would
conform to annex 2 of the ICAO, ``Rules of the Air,'' chapter 3.1.6,
``Parachute Descents.''
Changes to Other Parts of 14 CFR
To conform the proposed rule language with the language of other
pertinent parts of 14 CFR, the FAA proposes to amend sections of parts
65, 91, and 119 applicable to parachute operations.
Section-by-Section Discussion of the Proposals
The FAA has proposed several organizational changes to part 105.
These changes are intended to organize the sections in a manner that
first prescribes requirements that apply to most or all parachute
operations, followed by sections that prescribe requirements for a
specific type of parachute operation. A cross-reference table has been
included to illustrate the proposed reorganization of part 105.
Section 65.111 Certificate Required
Currently, section 65.111(a) states that 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 he holds an appropriate
current certificate and type rating issued under this subpart and
complies with sections 65.127 through 65.133. The FAA proposes to
revise paragraph (a) to change the word ``auxiliary'' to ``reserve''
and the reference to ``he'' to ``that person.''
Currently, section 65.111(b) states that no person may pack any
main parachute of a dual-parachute pack unless that person has an
appropriate current certificate or is the person making the jump using
that parachute.
The FAA proposes to revise paragraph (b) to allow persons to pack a
main parachute in accordance with section 105.43(a), under the
supervision of a certificated parachute rigger or to allow a
parachutist in command to pack a main parachute for tandem parachute
operations in accordance with section 105.45(b)(1). The FAA proposes a
word change to the provision that a person may pack a main parachute if
that person intends to make the next parachute jump using that
parachute.
Section 65.125 Certificates: Privileges
The current section 65.125 permits a certificated parachute rigger
to supervise other persons in the packing of any type of parachute for
which the certificated parachute rigger is rated.
The FAA proposes to revise paragraphs 65.125(a)(2) and 65.125(b)(2)
to permit that a certificated parachute rigger supervise other persons
packing parachutes in accordance with section 105.43(a) or section
105.45(b)(1).
Section 91.307 Parachutes and Parachuting
The FAA proposes to revise paragraph (b) of this section by
replacing ``make'' with ``conduct,'' and ``parachute jump'' with
``parachute operation.'' The term parachute operation includes
parachute jump and parachute drop.
Section 105.1 Applicability
This proposed section combines the requirements of current sections
105.1 General, Applicability and 105.11, Operating Rules,
Applicability. There are no substantive changes in this section. The
proposed section 105.1 prescribes rules governing parachute operations
in the U.S. This part does not apply to parachute operations conducted
during an in flight emergency or to meet an emergency on the surface
when conducted at the direction or with the approval of an agency of
the U.S., State, Puerto Rico, District of Columbia, possession of the
U.S. or an agency or political subdivision thereof. This section
retains the provision for excluding parachute operations by a member of
an Armed Force from other sections of part 105 when the parachute
operation is within a restricted area under the control of the Armed
Force or during military operations in uncontrolled airspace.
Section 105.3 Definitions
This proposed section would 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.''
Section 105.5 General
This proposed section is based on current section 105.13. The FAA
proposes to replace the term ``make'' with the phrase ``to conduct,''
the term ``parachute jump'' with the term ``parachute operation,'' the
term ``made'' with the term ``conducted,'' and the term ``jump'' with
the term ``operation.'' There are no substantive changes to this
section.
Section 105.7 Use of Alcohol and Drugs
This proposed section is based on current section 105.35. The
proposed rule would replace the term ``liquor'' with the term
``alcohol'' because alcohol is a more general term that includes
liquor. The intent of the rule is to prevent a person under the
influence of alcohol from conducting parachute operations.
Section 105.9 Inspections
This proposed section includes requirements currently found in
section 105.37 with no substantive changes.
Section 105.13 Radio Equipment and Use Requirements
This section is based on current section 105.14. As previously
discussed, the FAA proposes to require radio communications between the
pilot of an aircraft involved in parachute operations in controlled
airspace and the air traffic control facility having jurisdiction over
the affected airspace.
Section 105.15 Information Required and Notice of Cancellation or
Postponement of a Parachute Operation
This proposed section is based on the current sections 105.15(c)
and 105.25. Proposed paragraph (a)(8) of this section would require
that each person requesting authorization under sections 105.21(b) and
105.25(a)(2) and each person submitting notification under section
105.25(a)(3) to specify the radio frequencies appropriate to the
facilities to be used during the parachute operation, rather than the
radio frequencies available in the aircraft. Proposed paragraph (b)
retains the current requirement that each holder of a certificate of
authorization issued under sections 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
[[Page 18307]]
local official. Proposed paragraph (c) would require the pilot in
command of an aircraft involved in parachute operations to promptly
notify the air traffic control facility having jurisdiction over the
affected airspace if the proposed or scheduled parachute operation is
canceled or postponed.
Section 105.17 Flight Visibility and Clearance From Cloud Requirements
This proposed section contains the flight visibility and clearance
from cloud requirements currently found in section 105.29. No changes
are proposed to the current requirements.
Section 105.19 Parachute Operations Between Sunset and Sunrise
Currently, section 105.33 requires persons making parachute jumps
between sunset and sunrise to be equipped with a light that is
displayed and visible for 3 miles from the time that person exits the
aircraft until that person reaches the surface. Proposed section 105.19
would add to the above provision that the displayed light must be
visible for 3 statute miles in all directions.
This proposed section would also allow objects equipped with a
light to descend from an aircraft in flight between sunset and sunrise.
Each object that is dropped from an aircraft must display a light that
is visible for 3 statute miles in all directions from the time the
object is dropped from the aircraft until the object reaches the
surface.
Section 105.21 Parachute Operations Over or Into a Congested area or
an Open Air Assembly of Persons
This proposed section contains provisions currently found in
section 105.15 and contains one change. The FAA proposes to remove the
4-day requirement to apply for a certificate of authorization since the
administrative time necessary to process such requests has been
reduced.
Section 105.23 Parachute Operations Over or Onto Airports
This proposed section is based on the current section 105.17. As
previously discussed, for airports with an operating control tower,
proposed paragraph (a) of this section would require: (1) prior
approval from both the airport management and the control tower to
conduct parachute operations over or onto the airport; and (2) pilots
of aircraft involved in parachute operations over or onto an airport
with an operating airport traffic control tower (hereafter referred to
as ``control tower'') to establish two-way radio communication with the
control tower regardless of whether the control tower is operated by
the United States or another entity.
For airports without a control tower, the proposed rule would
retain the requirement that pilots of aircraft involved in parachute
operations obtain prior approval from management of the airport to
conduct parachute operations over or onto that airport.
Proposed section 105.23 would retain the provision currently found
in section 105.17 which allows a parachutist to drift 2,000 feet above
an airport's traffic pattern with a fully deployed and properly
functioning parachute.
Section 105.25 Parachute Operations in Designated Airspace
This proposed section contains provisions currently found in
sections 105.19, 105.23, and 105.27. Proposed paragraph (a)(1) would
retain the provisions currently in section 105.27 for parachute
operations in restricted or prohibited airspace. Proposed paragraph
(a)(2) of this section addresses parachute operations in Class A, B, C,
and D airspace areas, which are found currently in section 105.19.
Proposed paragraph (a)(3) of this section is based on current section
105.23 and would use the Class E and G airspace area designations
instead of the phrase ``other airspace'' as currently used in section
105.23. There are no substantive changes to this section.
Section 105.27 Accident Reporting Requirements
This section would require the parachutist, 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.
Section 105.41 Applicability
This section has been amended to read, ``this subpart prescribes
rules governing parachute equipment used in civil parachute
operations.''
Section 105.43 Use of Single-Harness, Dual-Parachute Systems
This proposed section is based on current section 105.43(a) and
proposes one change. This section currently provides that only a
certificated parachute rigger, or the person making the parachute jump
with that parachute, may pack a main parachute. The FAA proposes that a
main parachute also may be packed by a person under the direct
supervision of a certificated parachute rigger.
Section 105.45 Use of Tandem Parachute Systems
This proposed section provides for tandem parachute operations, and
would incorporate 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. Because the FAA no longer refers to passenger
parachutists as students, those persons would be referred to as
``passenger parachutists,'' and tandem instructors would be referred to
as ``parachutists in command.''
In addition, the FAA proposes that a certificated parachute rigger
supervise persons packing parachutes who are not certificated under
part 65, unless the person packing the parachute is a parachutist in
command.
Section 105.47 Use of Static Lines
This proposed section is based on the current section 105.43(b) and
contains only one proposed change, which is that the use of assist
devices with ram-air parachutes would no longer be required.
Section 105.49 Foreign Parachutists and Equipment
This proposed section addresses 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. certificated parachute rigger.
Section 119.1 Applicability
The FAA proposes to amend paragraph (e)(6) of this section to read,
``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.'' This change adds the
term, ``objects'' to the current rule.
Paperwork Reduction Act
This NPRM, Parachute Operations, contains information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
[[Page 18308]]
U.S.C. 3507(d)), the FAA has submitted a copy of these proposed
sections to the Office of Management and Budget (OMB) for its review.
At the present time, there is no requirement to notify the FAA of a
parachute accident. Without this requirement, the FAA has been unable
to provide adequate oversight of parachute riggers and the packing of
parachutes, which have been found to be contributing factors in
parachute accidents.
The information collected would be used by the FAA to propose
recommendations for equipment changes, operating procedures, and/or
training. In addition, the information would be used to assist in the
investigation of accidents, and would help determine whether the
packing, materials, or competency of the packer was a contributing
factor in the accidents.
Since this reporting requirement would be used to account for the
total number of parachutists who sustain serious or fatal injuries, the
FAA expects this proposed rule would affect approximately 44 drop zone
owners, parachutists, or pilots of aircraft used in parachute
operations per year. This recordkeeping requirement would be used to
improve the FAA's existing accident database. This data would be used
to assess the safety of parachute operations and prevent future
accidents. Accordingly, it is estimated that the approximate 44 drop
zone owners, parachutists, or pilots of aircraft used in parachute
operations would spend an average of one hour collecting the data at an
hourly rate of $12 per hour (44 reports x 1 hr = 44 hrs x $12 =
$528.00).
Individuals and organizations may submit comments on the
information collection requirement by June 14, 1999, and should direct
them to the address listed in the ADDRESSES section of this document.
Persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number. The burden
associated with this proposal has been submitted to OMB for review. The
FAA will publish a notice in the Federal Register notifying the public
of the approval numbers and expiration date.
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.
Regulatory Evaluation Summary
Three principal requirements pertain to the economic impact of
changes to the Federal Regulations. First, Executive Order 12866
directs Federal agencies to promulgate new regulations or modify
existing regulations only upon reasoned determination that the benefit
of the intended regulation justifies its costs. Second, the Regulatory
Flexibility Act of 1980 (RFA) requires agencies to analyze the economic
impact of regulatory changes on small entities. Finally, the Office of
Management and Budget directs agencies to assess the effects of
regulatory changes on international trade. In conducting these
analyses, the FAA has determined that this rule (1) would generate
cost-savings that would exceed any costs; (2) is not ``significant'' as
defined in the Executive Order and DOT policies and procedures; (3)
would not have a significant impact on a substantial number of small
entities; and (4) would not impose restraints on international trade.
These analyses, available in the docket, are summarized below.
The FAA has determined that there would be little or no cost
associated with the proposed revision of part 105 as described in this
notice. The benefits of such revision would be to reduce the likelihood
of midair collision involving aircraft and persons engaged in parachute
operations, and reduce the risk of aircraft coming in close proximity
to the parachutists who were descending to the ground after exiting the
aircraft near an airport or within controlled airspace.
The proposed rule would reorganize and revise the rules applicable
to parachute operations. It would clarify some sections and permit
certain operations currently allowed under exemptions granted by the
FAA. The proposal also would harmonize the three following proposed
sections with annex 2 of ICAO: (1) the radio equipment and use
requirements in proposed section 105.9; (2) the requirement in proposed
section 105.19 that parachutists and objects dropped from aircraft
display a light when conducting jumps or drops after sunset; and (3)
the requirements listed in section 105.49 pertaining to foreign
parachutists and equipment. The proposed changes to part 105 would pose
little or no cost to parachutists, sky diving training schools, and
certificated parachute riggers. In addition, because the requirements
of the proposed sections for tandem parachute operations and parachute
jumps by foreign parachutists already are being met under exemptions
granted by the FAA, the proposal would not impose additional business
expenses on sky diving schools. Costs imposed on the FAA are minimal as
well because the agency would not need to provide additional oversight
of parachute operations under the revision of part 105.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statues, to
fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principal, the Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rational 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 would 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 (RFA).
However, if an agency determines that a proposed 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 an RFA 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 proposal and
determined that it would not have a significant economic impact on a
substantial number of small entities. Accordingly, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the FAA certifies that
this rule would not have a significant economic impact on a substantial
number of small entities for the following reason: the proposed rule
would require an additional expense of less than $1,000 per entity
(parachute lofts and clubs, sky diving training schools, and
certificated riggers) in excess of normal business expenses. Major
aspects of this rulemaking such as permitting tandem parachute
operations would not impose additional business expenses for compliance
on sky diving schools and parachute lofts because these entities
currently adhere to the requirements of the proposed rule
[[Page 18309]]
through grants of exemptions issued by the FAA under part 105. The FAA
solicits comments from affected entities with respect to this finding
and determination.
International Trade Impact Analysis
The FAA has determined that the proposed rule would promote
parachuting by foreign jumpers in the United States. This determination
is based on the FAA's contention that the proposed rule would harmonize
U.S. standards for parachute operations with the ICAO standards for
parachute operations.
Federalism Implications
The regulations proposed herein will not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have significant federalism implications to warrant
the preparation of a Federalism Assessment.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Public Law 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any 1 year.
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal
agency to develop an effective process to permit timely input by
elected officers (or their designees) of State, local, and tribal
governments on a proposed ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the Act is any
provision in a Federal agency regulation that would impose an
enforceable duty upon State, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any 1
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section
204(a), provides that before establishing any regulatory requirements
that might significantly or uniquely affect small governments, the
agency shall have developed a plan that, among other things, provides
for notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity to provide input in the development
of regulatory proposals.
This rule does not contain a Federal intergovernmental or private
sector mandate that exceeds $100 million a year, therefore, the
requirements of the act do not apply.
Distribution and Derivation Tables
The following distribution table is provided to illustrate 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
105.27.................................... 105.25
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
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, 105.23, and 105.27
105.27.................................... New
105.41.................................... 105.41
105.43.................................... 105.43
105.45.................................... New
105.47.................................... 105.43
105.49.................................... New
------------------------------------------------------------------------
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 Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 Sec. Sec. 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 section 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
section 105.45(b)(1) of this chapter.
* * * * *
[[Page 18310]]
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 section 105.43(a) or
section 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 section 105.43(a) or section 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
Sec.
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 Radio 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 congested areas or an
open-air assembly of persons.
105.23 Parachute operations over or onto airports.
105.25 Parachute operations in designated airspace.
105.27 Accident reporting requirements.
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.
Subpart A--General
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 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 military parachute (other than a high altitude, high
speed, or ejection type) identified by a Navy Air Facility, an Army Air
Field, an 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
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.
Drop zone means any pre-determined area upon which parachutists or
objects land after making an intentional parachute jump. 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.
Fatal injury means any parachuting injury that results in death
within 30 days from the date of the injury.
Foreign parachutist means a parachutist who is neither a U.S.
citizen nor a resident alien.
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 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.
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 parachute is used or intended to be used during all or
part of that descent.
Parachute operation means 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.
Parachutist means 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.
Parachutist in command means the person responsible for the
operation and safety of a tandem parachute operation before, during,
and after a tandem parachute operation.
[[Page 18311]]
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 exiting 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.
Serious injury means 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.
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.
Supervision means that a certificated rigger personally observes a
noncertificated person packing a main parachute to the extent necessary
to ensure that it is being done properly.
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
communications 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 at least 5 minutes before the parachute operation
begins. The pilot in command and the parachutists on that flight must
have established radio communications to receive information regarding
air traffic 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; and
(ii) Advise air traffic control when the last parachutist or object
leaves the aircraft.
(b) 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, any parachute operation from the aircraft must be aborted.
Sec. 105.15 Information required and notice of cancellation or
postponement of a parachute operation.
(a) Each person requesting an authorization under sections
105.21(b) and 105.25(a)(2) of this part and each person submitting a
notification under section 105.25(a)(3) of this part must include the
following information (on an individual or group basis) in that request
or notice:
(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 exit 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 radio frequencies appropriate to the air traffic control
facilities to be used, if required.
(b) Each holder of a certificate of authorization issued under
sections 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 sections
105.21(b) and 105.25(a)(2) of this part and each person submitting a
notice under section 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
[[Page 18312]]
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
Altitude (statute miles) Distance from clouds
------------------------------------------------------------------------
1,200 feet or less above the 3 500 feet below, 1,000
surface regardless of the feet above, 2,000
MSL altitude. feet horizontal.
More than 1,200 feet above 3 500 feet below, 1,000
the surface but less than feet above, 2,000
10,000 feet MSL. feet horizontal.
More than 1,200 feet above 5 1,000 feet below,
the surface and at or above 1,000 feet above, 1
10,000 feet MSL. 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 in all directions.
(b) Each person conducting a parachute drop between sunset and
sunrise must ensure that the light required by paragraph (a) of this
section is displayed from the time that the object or parachutist exits
the aircraft until the object or parachutist 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 to the local FSDO in a form and in a manner prescribed
by the Administrator, and
(2) Contain the information in section 105.15(a) of this part.
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 onto that airport.
(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 onto that airport.
(c) A parachutist may drift over that airport with a fully deployed
and properly functioning parachute if he 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 Class A, B, C, or D airspace area without, or in
violation of the terms 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 affected airspace 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 affected airspace
and must include the information prescribed by section 105.15(a) of
this part.
(c) For the purposes of paragraph (a)(3) of this section, air
traffic control 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 section 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. Air traffic control may revoke the
acceptance of the notification for any failure of the organization
conducting the parachute operations to comply with its terms.
(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.
105.27 Accident reporting requirements.
The FAA must be notified within 48 hours of any parachute operation
resulting in a serious or fatal injury to a parachutist by--
(a) Each parachutist involved in the accident, or
(b) the pilot of the aircraft, or
(c) The drop zone owner or operator.
Subpart C--Parachute Equipment and Packing
Sec. 105.41 Applicability.
This subpart prescribes rules governing parachute equipment used in
civil parachute operations.
[[Page 18313]]
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 by a certificated parachute rigger, the person
making the next jump with that parachute, or a non-certificated person
under the direct supervision of a certificated 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, or 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.
(3) 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, at
least 300 of which were completed using a ram-air parachute, and
(iii) Holds an expert 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 equipment 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 section 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.
(i) The automatic activation device must be maintained in
accordance with manufacturer instructions for that automatic activation
device.
(ii) [Reserved]
(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 a non-TSO'd foreign parachute system unless--
(1) The parachute system is worn by a foreign parachutist who is
the owner or agent 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 parachutists country.
(4) All foreign non-TSO'd parachutes deployed by a foreign
parachutist during a parachute operation conducted under this section
shall be packed as follows--
(a) The main parachute must be packed by the foreign parachutist
making the next parachute jump with that parachute, or a certificated
parachute rigger.
(b) The reserve parachute must be packed in accordance with the
foreign parachutists civil aviation authority requirements, by a
certificated parachute rigger, or any other person acceptable to the
administrator.
[[Page 18314]]
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 April 2, 1999.
Richard V. Powell,
Acting Program Director, Air Traffic Airspace Management Program.
L. Nicholas Lacey,
Director, Flight Standards Service.
[FR Doc. 99-8753 Filed 4-12-99; 8:45 am]
BILLING CODE 4910-13-U