Parachute Operations

Part III

Department of Transportation

_______________________________________________________________________

Federal Aviation Administration

_______________________________________________________________________

14 CFR Parts 65, 91, 105, and 119 Parachute Operations; Proposed Rule

Proposed Rules

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.

ed 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

roposals 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:

ion, 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

gulations 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

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

``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

ined 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)

serve 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

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

ports 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

icated 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

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

e 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

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

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

ayed 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

cted, 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.

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

quipment 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

e 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

riate 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

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

pproved 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

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.

te, 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)

opriate 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

sed 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

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

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.

nt that certificate for inspection upon the request of

the Administrator or any Federal, State, or

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

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

affic 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

urrent 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

es 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

nstop 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

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)

isting 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

ify

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

ize 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)

ers 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

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

te

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

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

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.

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...................................

-

105.1..................................... 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:

ion 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.

* * * * *

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.

ay 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.

d 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

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

t 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.

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

practical 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

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--

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--

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.

n.

(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

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.

al.

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.

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.

agement 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.

arachute 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

mber 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.

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.

sed 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:

d 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.

utomatic 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.

chute

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.

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.

* * * * *

: 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]

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