[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Proposed Rules]
[Pages 18302-18314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8753]



[[Page 18301]]

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Part III





Department of Transportation





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Federal Aviation Administration



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

  Federal Register / Vol. 64, No. 70 / Tuesday, April 13, 1999 / 
Proposed Rules  

[[Page 18302]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 65, 91, 105, 119

[Docket No. FAA-1999-5483; Notice No. 99-03]
RIN 2120-AG52


Parachute Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the regulations applicable to 
parachute operations. The FAA proposes to define several new terms, to 
provide definitions for terms previously not defined, to clarify the 
current regulations, and to require that parachute operations be 
coordinated with the air traffic control facility having jurisdiction 
over the airspace in which the operations will be conducted. This 
action also proposes regulations to permit tandem parachute operations 
and allow non-U.S. certificated parachutists visiting from other 
countries to use equipment manufactured and packed in a foreign country 
when parachuting in the United States. In addition, the FAA proposes to 
remove the static-line assist device requirements for ram-air 
parachutes, and to add an accident reporting requirement. The FAA is 
proposing this action to enhance the safety of parachute operations in 
the National Airspace System (NAS).

DATES: Comments must be received on or before July 12, 1999.

ADDRESSES: Comments on this proposed rulemaking should be mailed or 
delivered, in duplicate, to the U.S. Department of Transportation (DOT) 
Dockets, Docket No. FAA-99-5483, 400 Seventh Street SW., Room Plaza 
401, Washington, DC 20590. Comments also may be sent electronically to 
the following Internet address: [email protected]. Comments may be 
filed and examined in Room Plaza 401 between 10:00 a.m. and 5:00 p.m. 
weekdays except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ellen Crum, Airspace and Rules 
Division, ATA-400, Air Traffic Airspace Management Program, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591, telephone (202) 267-8783; or Randy Montgomery, Flight Standards 
Service Division, AFS-340, General Aviation and Commercial Branch, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591, telephone (202) 267-3155.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this notice also are invited. Substantive comments should 
be accompanied by cost estimates. Comments must identify the regulatory 
docket or notice number and be submitted in duplicate to the Rules 
Docket address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with FAA personnel on this rulemaking, will 
be filed in the docket. The docket is available for public inspection 
before and after the close of the comment period.
    All comments received on or before the closing date will be 
considered by the Administrator before taking action on this proposed 
rulemaking. Late-filed comments will be considered to the extent 
practicable. The proposals contained in this notice may be changed in 
light of the comments received.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must include a pre-addressed, 
stamped postcard with those comments on which the following statement 
is made: ``Comments to Docket No. FAA-1999-5483.'' The postcard will be 
date stamped and mailed to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 
800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 
267-9680. Communications must identify the notice number or docket 
number of this NPRM.
    Using a modem and suitable communications software, an electronic 
copy of this document may be downloaded from the FAA regulations 
section of the FedWorld electronic bulletin board service (telephone: 
(703) 321-3339) or the Federal Register's electronic bulletin board 
service (telephone: (202) 512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at http://www.access.gpo.gov/
su__docs for access to recently published rulemaking documents.
    Persons interested in being placed on the mailing list for future 
NPRMs should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which 
describes the application procedure.

Background

    In 1991, the FAA reviewed part 105 and determined that revisions 
are necessary based on changes in the parachute industry and in 
parachute equipment since the rule was published in 1962. The changes 
in this proposed rule include: regulations to reflect current airspace 
reclassification, additional air traffic control communication 
requirements, improved parachute design, changes in industry practices, 
and clarification of existing regulations. The FAA believes that 
implementation of these changes would result in improved safety for 
parachute operations and other users of the NAS.

Discussion of the Proposal

Terminology

    Part 105 currently is titled, ``Parachute Jumping,'' and prescribes 
rules applicable to ``parachute jumps.'' The FAA proposes to retitle 
part 105 ``Parachute Operations'' since this title better describes 
activities addressed by this part.
    The FAA proposes to include a ``definitions'' section that would be 
numbered section 105.3. The definitions section would address three 
categories of terms: those that are used in the current part 105 but 
not defined, those terms previously defined but in need of further 
clarification, and those terms new to part 105.
    There are several terms used in the current part 105, which are not 
defined, but are defined in this proposed rule. A definition for ``main 
parachute'' is provided to distinguish between it and the ``reserve 
parachute.'' A definition for the term ``pilot chute'' is also 
proposed, which is defined as that part of a parachute system that 
initiates or accelerates the deployment of a parachute. Another term 
used in the current regulation but not defined is ``drop zone.'' A 
``drop zone'' would be defined as any predetermined area upon which 
parachutists or objects land after making an intentional parachute jump 
or drop.
    In addition, part 105 contains terms that are defined but require 
further clarification. To distinguish between a ``parachute jump'' and 
a ``parachute drop,'' the FAA proposes to define

[[Page 18303]]

``parachute jump'' as a parachute operation that involves a person or 
persons, and ``parachute drop'' as a parachute operation that involves 
an object.
    The term ``reserve parachute'' would replace the term ``auxiliary 
parachute.'' A ``reserve parachute'' would be defined as an approved 
parachute worn for emergency use, activated only upon failure of the 
main parachute, or in any other emergency where use of the main 
parachute is impractical or would increase the risk of injury.
    The FAA proposes to add new terms to part 105 as a result of 
changes in the parachute industry. The term ``parachutist'' would be 
included in the definition section and defined as a person who boards 
an aircraft with the intent to use a single-harness dual parachute 
system to descend to the surface.
    The FAA also proposes to define the term ``foreign parachutist.'' A 
foreign parachutist is a parachutist that is neither a U.S. citizen nor 
a resident alien.
    The term ``parachute operation'' would be added and defined as any 
activity involving the use of a parachute for a controlled descent to 
the surface.
    The FAA proposes to permit tandem parachute operations in the 
revised part 105. Currently, tandem parachute operations are permitted 
only by exemption and under certain conditions. This proposal includes 
the definitions of four new terms related to tandem parachutes and 
tandem parachute operations. These terms are ``parachutist in 
command,'' ``passenger parachutist,'' ``tandem parachute operation,'' 
and ``tandem parachute system.'' A ``parachutist in command'' is the 
person responsible for the operation and safety of a tandem parachute 
operation before, during, and after a tandem parachute operation. The 
term ``passenger parachutist'' means a person who boards an aircraft, 
acting as other than the parachutist in command of a tandem parachute 
operation with the intent of exiting the aircraft while in flight using 
the forward harness of a dual harness tandem parachute system to 
descend to the surface. A ``tandem parachute operation'' is defined as 
a parachute operation in which more than one person uses the same 
tandem parachute system while descending to the surface from an 
aircraft in flight. A ``tandem parachute system'' is the combination of 
a main parachute, approved reserve parachute, an approved harness and 
dual parachute container, and a separate approved forward harness for a 
passenger parachutist.
    To facilitate the proposed accident reporting requirements, the FAA 
proposes to add the terms ``serious injury'' and ``fatal injury.'' The 
FAA proposes to use the same definitions for these two terms as used by 
the National Transportation Safety Board (NTSB). A ``serious injury'' 
means any injury that requires hospitalization for more than 48 hours, 
commencing within 7 days from the date the injury was received; results 
in a fracture of any bone (except simple fractures of fingers, toes, or 
the nose); causes severe hemorrhages, or nerve, muscle, or tendon 
damage; or involves any internal organ. A ``fatal injury'' means any 
parachuting injury that results in death within 30 days from the date 
of the injury.
    The FAA also proposes to add the term ``supervision'' in describing 
a certificated parachute rigger's responsibilities when a parachute is 
packed by a non-certificated person. The scope of supervision of a non-
certificated person would be similar to the supervision requirements 
stated in 14 CFR Sec. 43.3(d), which states that a ``supervisor 
personally observes the work being done to the extent necessary to 
ensure that it is being done properly and if the supervisor is readily 
available, in person, for consultation.''
    The FAA proposes to add and define the term ``ram air parachute''. 
When the current part 105 was issued, the parachutes in use were round. 
Since then, ram air parachutes, which are square or rectangular in 
shape, have been developed and are commonly used in the parachuting 
industry. Present regulations, which address round parachutes, do not 
address the unique operational characteristics of ram air parachutes, 
such as the steering capability. The addition of a definition for ram 
air parachutes incorporates the use of ram air parachutes in the 
current part 105.
    The term ``approved parachute'' is currently used in the 
regulations and its definition has been included in this proposal.

Radio Communications

    Currently, section 105.14(a)(1)(ii) requires that an aircraft used 
for conducting parachute operations establish radio communications with 
the nearest FAA air traffic control facility or FAA flight service 
station at least 5 minutes before the jumping activity is to begin. The 
FAA proposes to change this communication requirement to require that 
radio communication be established with the air traffic control 
facility having jurisdiction over the airspace in which the parachute 
operation is conducted.
    This proposal arises from the results of a FAA review of a 
selection of Aviation Safety Reporting (ASR) System reports filed with 
the National Aeronautics and Space Administration (NASA) between 
February 1992 and November, 1998. The FAA studied numerous ASR reports, 
in which pilots reported near midair collisions between their aircraft 
and aircraft involved in parachute operations. In addition, other 
reports involved aircraft flying in close proximity to parachutists who 
were descending to the ground near an airport or within controlled 
airspace.
    The ASR reports are submitted voluntarily. According to NASA, the 
existence of reports concerning a specific topic in the ASRS database 
cannot, therefore, be used to infer the prevalence of that problem 
within the National Airspace System. However, these reports are often 
used by the FAA to provide further background information and insight 
into safety issues that are already being addressed by the FAA.
    The ASR reports relate numerous incidents where aircraft on 
instrument flight plans were not provided with traffic advisories of 
parachute operations along their route of flight. In some cases, the 
air traffic controller was not in communication with the aircraft 
involved in parachute operations, and in other cases, not even aware 
the parachute activity was taking place. This proposal will ensure that 
aircraft involved in parachute operations are in communication with the 
appropriate ATC facility, thereby facilitating the exchange of traffic 
advisories, and reducing the risk of midair collisions between aircraft 
and persons conducting parachute operations.
    In addition to enhancing safety, the proposed radio communication 
requirements would conform to annex 2 of the International Aviation 
Organization (ICAO), ``Rules of the Air,'' chapter 3.1.6, ``Parachute 
Descents.'' This annex states, ``parachute descents, other than 
emergency descents, shall not be made except under conditions 
prescribed by the appropriate authority and as indicated by relevant 
information, advice and/or clearance from the appropriate air traffic 
services unit.''

Reporting and Notification Requirements

    The FAA proposes to amend the reporting and notification 
requirements for individuals conducting parachute operations. Sections 
105.19 and 105.23(a) respectively state that a parachute jump may not 
be made in certain designated airspace unless an

[[Page 18304]]

authorization is obtained from, or notification is given to, the 
nearest FAA air traffic control facility (ATC) or FAA flight service 
station (FSS), as appropriate. Section 105.25(b) also requires that 
these facilities be notified if the parachute jumping activity is 
canceled or postponed.
    Under the proposed rule, the air traffic control facility having 
jurisdiction over the affected airspace would be notified before 
conducting the parachute operation; notification to FAA flight service 
stations would no longer be required. The FAA believes that it is 
appropriate for facilities that have jurisdiction over the airspace in 
which the operations are taking place to be notified because flight 
service stations are not responsible for the separation of aircraft. 
Under the proposed rule, the facility receiving notification of 
parachute activity would be responsible for advising the FSS in order 
to disseminate this information to users of the NAS. The FAA believes 
that this requirement would encourage a dialogue between those engaged 
in parachute operations and ATC, particularly at locations where 
parachute operations could potentially interfere with air traffic 
operations. The current provision that a pilot obtain prior approval 
from airport management to conduct parachute operations over or onto 
that airport remains unchanged.
    This NPRM also includes a provision under proposed section 105.15 
that each person submitting notification under 105.25(a)(3) specify the 
radio frequencies appropriate to the facilities to be used during the 
parachute operation, rather than the radio frequencies available in the 
aircraft.
    Another proposed change to the notification procedures concerns air 
traffic control towers that are not operated by the U.S. Government 
(hereafter ``non-federal tower''). The current section 105.17 permits 
parachute operations to be conducted at airports that have an 
operating, non-federal tower without prior coordination with that 
facility. The FAA has determined that to improve safety, pilots of 
aircraft conducting parachute operations should be required to contact 
the air traffic control tower having jurisdiction over the area where 
parachute operations will be conducted, regardless of who is 
responsible for tower operations. Therefore, the FAA proposes to 
require that pilots of aircraft conducting parachute operations over or 
onto an airport with an operating air traffic control tower establish 
and maintain two-way radio communication with, and obtain approval 
from, the air traffic control tower before conducting parachute 
operations at that airport.

Parachute Packing

    The FAA proposes to amend the regulations governing who is 
permitted to pack a parachute. Sections 65.111(b) and 105.43(a)(1) 
state that only a certificated parachute rigger or the person intending 
to jump using the parachute is authorized to pack a main parachute. 
Conversely, section 65.125 permits a current certificated senior or 
master parachute rigger (hereafter referred to as ``certificated 
parachute rigger'') to supervise other persons in packing any type of 
parachute for which that certificated parachute rigger is rated.
    As a result of the inconsistency between the above sections of the 
regulations, the parachute industry has adopted a practice in which a 
certificated rigger regularly supervises other non-certificated persons 
packing main parachutes. This practice has become so widespread that an 
informal distinction between a ``paid packer'' and ``rigger'' exists, 
with the latter referring to a certificated rigger. The FAA has found 
that permitting a non-certificated person to pack a main parachute 
while supervised by a certificated rigger does not compromise safety. 
Therefore, for purposes of consistency, the FAA proposes to include 
provisions in sections 105.43(a) and 105.45(b)(1) to allow non-
certificated persons to pack main parachutes when supervised by a 
certificated rigger.
    The FAA proposes to clarify the meaning of the term 
``supervision,'' since there has been some industry confusion as to 
what constitutes appropriate supervision. Section 65.125 currently 
permits a certificated parachute rigger to supervise the packing of a 
parachute. In the proposed regulation, a certificated rigger must 
personally observe the entire packing process of the main parachute to 
ensure that it is being done properly by a non-certificated person who 
is not the holder of a parachute-rigging certificate. The certificated 
parachute rigger should be available for immediate consultation while 
the non-certificated parachute rigger is packing the main parachute. 
The certificated parachute rigger also should inspect the main 
parachute being packed, as necessary, through, and upon completion of 
the packing process. The only exception to this proposal would be if 
the person packing the main parachute is the parachutist in command and 
is making the next parachute jump with that parachute. These same 
requirements are proposed to apply to the packing of a tandem main 
parachute and will be discussed further.

Parachute Operations Between Sunset and Sunrise

    The FAA proposes an addition to the current Sec. 105.33 requirement 
that a parachutist must display a light, visible for 3 statute miles, 
from the time he or she exits the aircraft. The proposal also would 
require that a light be displayed that is visible for 3 statute miles 
in all directions. The FAA also proposes that any object that is part 
of a parachute drop display a light visible for 3 statute miles in all 
directions from the time the object leaves the aircraft. This proposed 
requirement would conform to annex 2 of the ICAO ``Rules of the Air,'' 
chapter 3.1.6, ``Parachute Descents.''

Accident Reporting Requirements

    Presently, parachutists are not required to notify the FAA when 
involved in a parachuting accident. The majority of the information 
that the FAA has on parachute operations accidents is generally 
obtained as a result of a condition set forth in the grant of an 
exemption permitting tandem parachute operations. The National 
Transportation Safety Board (NTSB) has recommended that the FAA begin 
collecting information on parachute operations accidents. As a result 
of these recommendations, the FAA has decided to improve its existing 
accident database, which requires improving the collection process for 
this data. Once collected, this data would be used to assess the safety 
of parachute operations and prevent future accidents.
    Consequently, the FAA is proposing that the parachutist involved in 
the accident, the pilot of the aircraft, or the drop zone owner or 
operator be required to notify the FAA of any serious or fatal injury 
to a parachutist while conducting a parachute operation.

Tandem Parachute Operations

    When part 105 was originally issued, civilian parachute operations 
were limited to the use of a single-harness, dual-parachute pack. Since 
then, the parachute industry has developed new dual harness systems 
that support two people under a single parachute. Because part 105 
allows parachute operations with single-harness parachutes only, the 
use of parachute equipment capable of supporting two people has only 
been authorized by exemption. For purposes of the exemptions, the FAA 
and the parachuting industry have adopted the term ``tandem'' to 
describe those parachute operations that use a dual-harness, dual-
parachute system.

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    The first exemption authorizing tandem parachute operations in the 
United States was granted by the FAA in 1984. Since then, more than 2.5 
million experimental tandem parachute jumps have been conducted 
throughout the world, including those operations conducted under 
exemption authority in the United States. Under the exemptions, various 
companies conducting tandem parachute operations were required to 
furnish the FAA with accident statistics on tandem operations, which 
provided the FAA with the means to evaluate the safety of tandem 
equipment compared to the safety of equipment and operations currently 
permitted under part 105.
    In July 1997, the United States Parachute Association (USPA) 
submitted a petition for rulemaking requesting that the FAA amend 
section 105.43 to permit tandem parachute operations using an FAA-
approved, dual-harness dual-parachute system capable of supporting two 
parachutists under a single canopy. While considering the USPA 
petition, the FAA reviewed accident statistics from 1991 through 1996. 
During this time period, approximately 16,990,000 total parachute 
operations were conducted, 670,707 of which were conducted using tandem 
parachutes. Of the total parachute operations, 194 resulted in 
fatalities due to equipment failure, 8 of which involved the use of 
tandem parachutes. The overall fatality rate for first-time skydivers 
involved in single-harness operations is 2.7 fatalities per 100,000 
jumps. The overall fatality rate for first-time skydivers involved in 
tandem operations is lower, 1.2 fatalities per 100,000 jumps.
    Based on the relatively low rate of fatalities that occurred during 
tandem operations as compared to those that occurred during single 
harness operations, the FAA has determined that the companies 
conducting experimental tandem parachute operations under an exemption 
from part 105 have demonstrated that tandem operations can be conducted 
safely. Accordingly, the FAA has concluded that tandem parachute 
operations should be permitted and it proposes to add section 105.45 to 
allow tandem parachute operations.
    The proposed section 105.45 would permit tandem parachute 
operations under terms similar to the conditions and limitations 
previously contained in the exemption issued to experimental tandem 
parachute operators, which include: (1) Requirements for instructor 
experience; (2) passenger briefings before boarding the aircraft used 
in the parachute operation; and (3) equipment inspection and packing. 
The FAA proposes to use the terms ``passenger parachutist'' and 
``parachutist in command'' to replace ``student'' and ``instructor,'' 
respectively, as used in the exemptions. In addition, the notification 
requirements for tandem parachute operations would be included in the 
general notification requirements of proposed section 105.13.
    Specifically, the FAA proposes that the parachutist in command of a 
tandem parachute operation must provide documentation that the 
parachutist: (1) Has a minimum of three years experience in 
parachuting; (2) has completed a minimum of 500 freefall parachute 
jumps, at least 300 of which were completed using a ram-air parachute; 
(3) holds an expert parachute license issued by an organization 
recognized by the FAA; (4) has successfully completed a tandem 
instructor course given by the manufacturer of the tandem equipment 
used in the parachute operation or a course acceptable to the 
Administrator; and (5) has been certified by the appropriate parachute 
manufacturer or tandem course provider as being properly trained on the 
use of the specific tandem parachute system to be used.
    Additionally, the parachutist in command would be required to 
conduct briefings on tandem parachute operations for passenger 
parachutists before each flight and use the harness position prescribed 
by the manufacturer of the tandem parachute equipment.
    Lastly, the FAA proposes to require that a certificated rigger 
supervise individuals packing parachutes to be used in tandem parachute 
operations, unless the person packing the parachute is the parachutist 
in command conducting the next parachute jump with that parachute in 
accordance with the proposed section 105.45.

Static-Line Assist Devices

    The USPA submitted a second petition for rulemaking in July 1997 
requesting that the FAA amend section 105.43 to permit parachute 
operations using static-line, direct-deployed, ram-air parachutes 
without using a static-line assist device.
    Skydiving schools and parachute manufacturers have been concerned 
that a direct deployment assist device could cause canopy damage and 
malfunctions. Due to this concern, the USPA Safety & Training Committee 
and the Parachute Industry Association Technical Committee, conducted a 
series of tests to determine the effect of the required device in 1989. 
The tests showed that an assist device does not improve the reliability 
of the static line direct deployment of a ram-air canopy. The tests 
also show that there are no adverse effects when the device is removed. 
As a result of these tests, the FAA believes that safety would not be 
compromised by removing the static-line assist device requirements for 
ram-air parachutes.

Equipment and Packing Requirements for Foreign Parachutists

    The USPA submitted a third petition for rulemaking in July 1997 
requesting that the FAA amend section 105.43 to allow foreign 
parachutists to make parachute jumps in the United States using their 
own equipment.
    Section 105.43(a) currently states that no person may make a 
parachute jump wearing a single-harness, dual-parachute pack having at 
least one main parachute and one approved reserve parachute, unless the 
main parachute is packed by a certificated parachute rigger or by the 
person making the jump, within 120 days before the date of its use, and 
that the reserve parachute is packed by a U.S. certificated and 
appropriately rated parachute rigger. The requirements of section 
105.43(a) were adopted to protect parachutists from inadequate 
equipment at a time when the sport parachute industry was in its 
infancy. Part 105 does not except foreign parachutists from the 
requirements imposed by section 105.43(a). Therefore, foreign 
parachutists making parachute jumps in the United States with their own 
equipment are still required to have an approved reserve parachute, 
approved harness and dual-parachute container and have that reserve 
parachute packed by a U.S. certificated and appropriately rated 
parachute rigger.
    As a result of this requirement, experienced foreign parachutists 
must have an exemption from section 105.43(a) in order to use their own 
parachute equipment while conducting parachute operations in the United 
States. Since 1972, the FAA has issued these exemptions to 
organizations sponsoring parachuting events attended by foreign 
parachutists and has found operations conducted under these exemptions 
have been conducted safely. Additionally, the FAA recognizes that the 
parachute equipment industry has become more sophisticated and safety 
conscious, and that foreign manufacturers of parachute equipment often 
meet U.S. standards. Therefore, the FAA proposes to add a new section 
105.49 to address foreign parachutist equipment and parachute 
operations.
    This proposed section incorporates the terms and conditions set 
forth in the grant of exemptions to allow these

[[Page 18306]]

parachute jumps. The FAA proposes to permit foreign parachutists to 
conduct jumps in the U.S. using their own equipment provided that they 
use single-harness, dual-parachute systems which contain a non-
Technical Standard Order (TSO) reserve parachute or a non-TSO'd harness 
and container. The parachute system used by the foreign parachutist 
must also meet the civil aviation authority requirements of the foreign 
parachutist's country, and must be packed by the foreign parachutist 
making the next parachute jump with that parachute, or a U.S. 
certificated parachute rigger. These proposed requirements would 
conform to annex 2 of the ICAO, ``Rules of the Air,'' chapter 3.1.6, 
``Parachute Descents.''

Changes to Other Parts of 14 CFR

    To conform the proposed rule language with the language of other 
pertinent parts of 14 CFR, the FAA proposes to amend sections of parts 
65, 91, and 119 applicable to parachute operations.

Section-by-Section Discussion of the Proposals

    The FAA has proposed several organizational changes to part 105. 
These changes are intended to organize the sections in a manner that 
first prescribes requirements that apply to most or all parachute 
operations, followed by sections that prescribe requirements for a 
specific type of parachute operation. A cross-reference table has been 
included to illustrate the proposed reorganization of part 105.

Section 65.111  Certificate Required

    Currently, section 65.111(a) states that no person may pack, 
maintain, or alter any personnel-carrying parachute intended for 
emergency use in connection with civil aircraft of the United States 
(including the reserve parachute of a dual parachute system to be used 
for intentional parachute jumping) unless he holds an appropriate 
current certificate and type rating issued under this subpart and 
complies with sections 65.127 through 65.133. The FAA proposes to 
revise paragraph (a) to change the word ``auxiliary'' to ``reserve'' 
and the reference to ``he'' to ``that person.''
    Currently, section 65.111(b) states that no person may pack any 
main parachute of a dual-parachute pack unless that person has an 
appropriate current certificate or is the person making the jump using 
that parachute.
    The FAA proposes to revise paragraph (b) to allow persons to pack a 
main parachute in accordance with section 105.43(a), under the 
supervision of a certificated parachute rigger or to allow a 
parachutist in command to pack a main parachute for tandem parachute 
operations in accordance with section 105.45(b)(1). The FAA proposes a 
word change to the provision that a person may pack a main parachute if 
that person intends to make the next parachute jump using that 
parachute.

Section 65.125  Certificates: Privileges

    The current section 65.125 permits a certificated parachute rigger 
to supervise other persons in the packing of any type of parachute for 
which the certificated parachute rigger is rated.
    The FAA proposes to revise paragraphs 65.125(a)(2) and 65.125(b)(2) 
to permit that a certificated parachute rigger supervise other persons 
packing parachutes in accordance with section 105.43(a) or section 
105.45(b)(1).

Section 91.307  Parachutes and Parachuting

    The FAA proposes to revise paragraph (b) of this section by 
replacing ``make'' with ``conduct,'' and ``parachute jump'' with 
``parachute operation.'' The term parachute operation includes 
parachute jump and parachute drop.

Section 105.1  Applicability

    This proposed section combines the requirements of current sections 
105.1 General, Applicability and 105.11, Operating Rules, 
Applicability. There are no substantive changes in this section. The 
proposed section 105.1 prescribes rules governing parachute operations 
in the U.S. This part does not apply to parachute operations conducted 
during an in flight emergency or to meet an emergency on the surface 
when conducted at the direction or with the approval of an agency of 
the U.S., State, Puerto Rico, District of Columbia, possession of the 
U.S. or an agency or political subdivision thereof. This section 
retains the provision for excluding parachute operations by a member of 
an Armed Force from other sections of part 105 when the parachute 
operation is within a restricted area under the control of the Armed 
Force or during military operations in uncontrolled airspace.

Section 105.3  Definitions

    This proposed section would define the terms ``approved 
parachute,'' ``automatic activation device,'' `` drop zone,'' ``fatal 
injury,'' ``foreign parachutist,'' ``freefall,'' ``main parachute,'' 
``object,'' ``parachute drop,'' ``parachute jump,'' ``parachute 
operation,'' ``parachutist,'' ``parachutist in command,'' ``passenger 
parachutist,'' ``pilot chute,'' ``ram-air parachute,'' ``reserve 
parachute,'' ``serious injury,'' ``single-harness, dual-parachute 
system,'' ``supervision,'' ``tandem parachute operation,'' and ``tandem 
parachute system.''

Section 105.5  General

    This proposed section is based on current section 105.13. The FAA 
proposes to replace the term ``make'' with the phrase ``to conduct,'' 
the term ``parachute jump'' with the term ``parachute operation,'' the 
term ``made'' with the term ``conducted,'' and the term ``jump'' with 
the term ``operation.'' There are no substantive changes to this 
section.

Section 105.7  Use of Alcohol and Drugs

    This proposed section is based on current section 105.35. The 
proposed rule would replace the term ``liquor'' with the term 
``alcohol'' because alcohol is a more general term that includes 
liquor. The intent of the rule is to prevent a person under the 
influence of alcohol from conducting parachute operations.

Section 105.9  Inspections

    This proposed section includes requirements currently found in 
section 105.37 with no substantive changes.

Section 105.13  Radio Equipment and Use Requirements

    This section is based on current section 105.14. As previously 
discussed, the FAA proposes to require radio communications between the 
pilot of an aircraft involved in parachute operations in controlled 
airspace and the air traffic control facility having jurisdiction over 
the affected airspace.

Section 105.15  Information Required and Notice of Cancellation or 
Postponement of a Parachute Operation

    This proposed section is based on the current sections 105.15(c) 
and 105.25. Proposed paragraph (a)(8) of this section would require 
that each person requesting authorization under sections 105.21(b) and 
105.25(a)(2) and each person submitting notification under section 
105.25(a)(3) to specify the radio frequencies appropriate to the 
facilities to be used during the parachute operation, rather than the 
radio frequencies available in the aircraft. Proposed paragraph (b) 
retains the current requirement that each holder of a certificate of 
authorization issued under sections 105.21(b) and 105.25(b) of this 
part must present that certificate for inspection upon the request of 
the Administrator or any Federal, State, or

[[Page 18307]]

local official. Proposed paragraph (c) would require the pilot in 
command of an aircraft involved in parachute operations to promptly 
notify the air traffic control facility having jurisdiction over the 
affected airspace if the proposed or scheduled parachute operation is 
canceled or postponed.

Section 105.17  Flight Visibility and Clearance From Cloud Requirements

    This proposed section contains the flight visibility and clearance 
from cloud requirements currently found in section 105.29. No changes 
are proposed to the current requirements.

Section 105.19  Parachute Operations Between Sunset and Sunrise

    Currently, section 105.33 requires persons making parachute jumps 
between sunset and sunrise to be equipped with a light that is 
displayed and visible for 3 miles from the time that person exits the 
aircraft until that person reaches the surface. Proposed section 105.19 
would add to the above provision that the displayed light must be 
visible for 3 statute miles in all directions.
    This proposed section would also allow objects equipped with a 
light to descend from an aircraft in flight between sunset and sunrise. 
Each object that is dropped from an aircraft must display a light that 
is visible for 3 statute miles in all directions from the time the 
object is dropped from the aircraft until the object reaches the 
surface.

Section 105.21  Parachute Operations Over or Into a Congested area or 
an Open Air Assembly of Persons

    This proposed section contains provisions currently found in 
section 105.15 and contains one change. The FAA proposes to remove the 
4-day requirement to apply for a certificate of authorization since the 
administrative time necessary to process such requests has been 
reduced.

Section 105.23  Parachute Operations Over or Onto Airports

    This proposed section is based on the current section 105.17. As 
previously discussed, for airports with an operating control tower, 
proposed paragraph (a) of this section would require: (1) prior 
approval from both the airport management and the control tower to 
conduct parachute operations over or onto the airport; and (2) pilots 
of aircraft involved in parachute operations over or onto an airport 
with an operating airport traffic control tower (hereafter referred to 
as ``control tower'') to establish two-way radio communication with the 
control tower regardless of whether the control tower is operated by 
the United States or another entity.
    For airports without a control tower, the proposed rule would 
retain the requirement that pilots of aircraft involved in parachute 
operations obtain prior approval from management of the airport to 
conduct parachute operations over or onto that airport.
    Proposed section 105.23 would retain the provision currently found 
in section 105.17 which allows a parachutist to drift 2,000 feet above 
an airport's traffic pattern with a fully deployed and properly 
functioning parachute.

Section 105.25  Parachute Operations in Designated Airspace

    This proposed section contains provisions currently found in 
sections 105.19, 105.23, and 105.27. Proposed paragraph (a)(1) would 
retain the provisions currently in section 105.27 for parachute 
operations in restricted or prohibited airspace. Proposed paragraph 
(a)(2) of this section addresses parachute operations in Class A, B, C, 
and D airspace areas, which are found currently in section 105.19. 
Proposed paragraph (a)(3) of this section is based on current section 
105.23 and would use the Class E and G airspace area designations 
instead of the phrase ``other airspace'' as currently used in section 
105.23. There are no substantive changes to this section.

Section 105.27  Accident Reporting Requirements

    This section would require the parachutist, the pilot of the 
aircraft, or the drop zone owner or operator to notify the FAA within 
48 hours of any parachute operation resulting in a serious or fatal 
injury to the parachutist.

Section 105.41  Applicability

    This section has been amended to read, ``this subpart prescribes 
rules governing parachute equipment used in civil parachute 
operations.''

Section 105.43  Use of Single-Harness, Dual-Parachute Systems

    This proposed section is based on current section 105.43(a) and 
proposes one change. This section currently provides that only a 
certificated parachute rigger, or the person making the parachute jump 
with that parachute, may pack a main parachute. The FAA proposes that a 
main parachute also may be packed by a person under the direct 
supervision of a certificated parachute rigger.

Section 105.45  Use of Tandem Parachute Systems

    This proposed section provides for tandem parachute operations, and 
would incorporate the conditions and limitations, with some 
modification, set forth in the grants of exemption issued to 
experimental tandem parachute operators. These conditions and 
limitations include instructor experience requirements, briefings for 
passenger parachutists, equipment inspections, and packing 
requirements. Because the FAA no longer refers to passenger 
parachutists as students, those persons would be referred to as 
``passenger parachutists,'' and tandem instructors would be referred to 
as ``parachutists in command.''
    In addition, the FAA proposes that a certificated parachute rigger 
supervise persons packing parachutes who are not certificated under 
part 65, unless the person packing the parachute is a parachutist in 
command.

Section 105.47  Use of Static Lines

    This proposed section is based on the current section 105.43(b) and 
contains only one proposed change, which is that the use of assist 
devices with ram-air parachutes would no longer be required.

Section 105.49  Foreign Parachutists and Equipment

    This proposed section addresses equipment and packing requirements 
for foreign parachutists. Only single-harness, dual-parachute systems 
which contain a non-Technical Standard Order (TSO) reserve parachute or 
non-TSO'd harness and container would be allowed to be used in the 
United States by the owner or agent of that equipment. The parachute 
system used by the foreign parachutist must also meet the civil 
aviation authority requirements of the foreign parachutist's country, 
and must be packed by the foreign parachutist making the next parachute 
jump with that parachute, or a U.S. certificated parachute rigger.

Section 119.1  Applicability

    The FAA proposes to amend paragraph (e)(6) of this section to read, 
``Nonstop flights conducted within a 25-statute-mile radius of the 
airport of takeoff carrying persons or objects for the purpose of 
conducting intentional parachute operations.'' This change adds the 
term, ``objects'' to the current rule.

Paperwork Reduction Act

    This NPRM, Parachute Operations, contains information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44

[[Page 18308]]

U.S.C. 3507(d)), the FAA has submitted a copy of these proposed 
sections to the Office of Management and Budget (OMB) for its review.
    At the present time, there is no requirement to notify the FAA of a 
parachute accident. Without this requirement, the FAA has been unable 
to provide adequate oversight of parachute riggers and the packing of 
parachutes, which have been found to be contributing factors in 
parachute accidents.
    The information collected would be used by the FAA to propose 
recommendations for equipment changes, operating procedures, and/or 
training. In addition, the information would be used to assist in the 
investigation of accidents, and would help determine whether the 
packing, materials, or competency of the packer was a contributing 
factor in the accidents.
    Since this reporting requirement would be used to account for the 
total number of parachutists who sustain serious or fatal injuries, the 
FAA expects this proposed rule would affect approximately 44 drop zone 
owners, parachutists, or pilots of aircraft used in parachute 
operations per year. This recordkeeping requirement would be used to 
improve the FAA's existing accident database. This data would be used 
to assess the safety of parachute operations and prevent future 
accidents. Accordingly, it is estimated that the approximate 44 drop 
zone owners, parachutists, or pilots of aircraft used in parachute 
operations would spend an average of one hour collecting the data at an 
hourly rate of $12 per hour (44 reports  x  1 hr = 44 hrs  x  $12 = 
$528.00).
    Individuals and organizations may submit comments on the 
information collection requirement by June 14, 1999, and should direct 
them to the address listed in the ADDRESSES section of this document.
    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. The burden 
associated with this proposal has been submitted to OMB for review. The 
FAA will publish a notice in the Federal Register notifying the public 
of the approval numbers and expiration date.

International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
Organization international standards and recommended practices and 
Joint Aviation Authorities requirements and has identified no 
differences in these proposed amendments and the foreign regulations.

Regulatory Evaluation Summary

    Three principal requirements pertain to the economic impact of 
changes to the Federal Regulations. First, Executive Order 12866 
directs Federal agencies to promulgate new regulations or modify 
existing regulations only upon reasoned determination that the benefit 
of the intended regulation justifies its costs. Second, the Regulatory 
Flexibility Act of 1980 (RFA) requires agencies to analyze the economic 
impact of regulatory changes on small entities. Finally, the Office of 
Management and Budget directs agencies to assess the effects of 
regulatory changes on international trade. In conducting these 
analyses, the FAA has determined that this rule (1) would generate 
cost-savings that would exceed any costs; (2) is not ``significant'' as 
defined in the Executive Order and DOT policies and procedures; (3) 
would not have a significant impact on a substantial number of small 
entities; and (4) would not impose restraints on international trade. 
These analyses, available in the docket, are summarized below.
    The FAA has determined that there would be little or no cost 
associated with the proposed revision of part 105 as described in this 
notice. The benefits of such revision would be to reduce the likelihood 
of midair collision involving aircraft and persons engaged in parachute 
operations, and reduce the risk of aircraft coming in close proximity 
to the parachutists who were descending to the ground after exiting the 
aircraft near an airport or within controlled airspace.
    The proposed rule would reorganize and revise the rules applicable 
to parachute operations. It would clarify some sections and permit 
certain operations currently allowed under exemptions granted by the 
FAA. The proposal also would harmonize the three following proposed 
sections with annex 2 of ICAO: (1) the radio equipment and use 
requirements in proposed section 105.9; (2) the requirement in proposed 
section 105.19 that parachutists and objects dropped from aircraft 
display a light when conducting jumps or drops after sunset; and (3) 
the requirements listed in section 105.49 pertaining to foreign 
parachutists and equipment. The proposed changes to part 105 would pose 
little or no cost to parachutists, sky diving training schools, and 
certificated parachute riggers. In addition, because the requirements 
of the proposed sections for tandem parachute operations and parachute 
jumps by foreign parachutists already are being met under exemptions 
granted by the FAA, the proposal would not impose additional business 
expenses on sky diving schools. Costs imposed on the FAA are minimal as 
well because the agency would not need to provide additional oversight 
of parachute operations under the revision of part 105.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statues, to 
fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principal, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rational for their actions. The Act covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule would have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis (RFA).
    However, if an agency determines that a proposed rule is not 
expected to have a significant economic impact on a substantial number 
of small entities, section 605(b) of the 1980 act provides that the 
head of the agency may so certify and an RFA is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    The FAA conducted the required review of this proposal and 
determined that it would not have a significant economic impact on a 
substantial number of small entities. Accordingly, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), the FAA certifies that 
this rule would not have a significant economic impact on a substantial 
number of small entities for the following reason: the proposed rule 
would require an additional expense of less than $1,000 per entity 
(parachute lofts and clubs, sky diving training schools, and 
certificated riggers) in excess of normal business expenses. Major 
aspects of this rulemaking such as permitting tandem parachute 
operations would not impose additional business expenses for compliance 
on sky diving schools and parachute lofts because these entities 
currently adhere to the requirements of the proposed rule

[[Page 18309]]

through grants of exemptions issued by the FAA under part 105. The FAA 
solicits comments from affected entities with respect to this finding 
and determination.

International Trade Impact Analysis

    The FAA has determined that the proposed rule would promote 
parachuting by foreign jumpers in the United States. This determination 
is based on the FAA's contention that the proposed rule would harmonize 
U.S. standards for parachute operations with the ICAO standards for 
parachute operations.

Federalism Implications

    The regulations proposed herein will not have substantial direct 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have significant federalism implications to warrant 
the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Public Law 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any 1 year. 
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a proposed ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Act is any 
provision in a Federal agency regulation that would impose an 
enforceable duty upon State, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any 1 
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other things, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals.
    This rule does not contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million a year, therefore, the 
requirements of the act do not apply.

Distribution and Derivation Tables

    The following distribution table is provided to illustrate how the 
current regulation would relate to the revised part 105, and the 
derivation table identifies how the revised part 105 would relate to 
the current rule.

                           Distribution Table
------------------------------------------------------------------------
                Old Section                        New Section(s)
------------------------------------------------------------------------
105.1.....................................  105.1
105.11....................................  105.1
105.13....................................  105.5
105.14....................................  105.13
105.15....................................  105.21
105.17....................................  105.23
105.19....................................  105.25
105.23....................................  105.25
105.25....................................  105.15
105.27....................................  105.25
105.33....................................  105.19
105.35....................................  105.7
105.37....................................  105.9
105.41....................................  105.41
105.43....................................  105.43 and 105.47
------------------------------------------------------------------------


                            Derivation Table
------------------------------------------------------------------------
                New Section                        Old Section(s)
------------------------------------------------------------------------
105.1.....................................  105.1 and 105.11
105.3.....................................  New
105.5.....................................  105.13
105.7.....................................  105.35
105.9.....................................  105.37
105.13....................................  105.14
105.15....................................  105.25
105.17....................................  105.29
105.19....................................  105.33
105.21....................................  105.15
105.23....................................  105.17
105.25....................................  105.19, 105.23, and 105.27
105.27....................................  New
105.41....................................  105.41
105.43....................................  105.43
105.45....................................  New
105.47....................................  105.43
105.49....................................  New
------------------------------------------------------------------------

List of Subjects

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, 
Drug abuse, Reporting and recordkeeping requirements.

14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Freight, Mexico, Noise 
control, Political candidates, Reporting and recordkeeping 
requirements, Yugoslavia.

14 CFR Part 105

    Aircraft, Aviation safety, Recreation and recreation areas, 
Reporting and recordkeeping requirements.

14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft, 
Aviation Safety, Charter flights, Reporting and recordkeeping 
requirements.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend parts 65, 91, 105, and 119 of Title 
14, Code of Federal Regulations as follows:

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

    1. The authority citation for part 65 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    2. Section 65.111 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 65.111  Certificate required.

    (a) No person may pack, maintain, or alter any personnel-carrying 
parachute intended for emergency use in connection with civil aircraft 
of the United States (including the reserve parachute of a dual 
parachute system to be used for intentional parachute jumping) unless 
that person holds an appropriate current certificate and type rating 
issued under this subpart and complies with Sec. Sec. 65.127 through 
65.133.
    (b) No person may pack, maintain, or alter any main parachute of a 
dual-parachute system to be used for intentional parachute jumping in 
connection with civil aircraft of the United States unless that 
person--
    (1) Has an appropriate current certificate issued under this 
subpart;
    (2) Is under the supervision of a current certificated parachute 
rigger;
    (3) Is the person making the next parachute jump with that 
parachute in accordance with section 105.43(a) of this chapter; or
    (4) Is the parachutist in command making the next parachute jump 
with that parachute in a tandem parachute operation conducted under 
section 105.45(b)(1) of this chapter.
* * * * *

[[Page 18310]]

    3. Section 65.125 is amended by revising paragraphs (a)(2) and 
(b)(2) to read as follows:


Sec. 65.125  Certificates: Privileges.

    (a) * * *
    (2) Supervise other persons in packing any type of parachute for 
which that person is rated in accordance with section 105.43(a) or 
section 105.45(b)(1) of this chapter.
    (b) * * *
    (2) Supervise other persons in packing, maintaining, or altering 
any type of parachute for which the certificated parachute rigger is 
rated in accordance with section 105.43(a) or section 105.45(b)(1) of 
this chapter.
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

    4. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).

    5. Section 91.307 is amended by revising paragraph (b) to read as 
follows:


Sec. 91.307  Parachutes and parachuting.

* * * * *
    (b) Except in an emergency, no pilot in command may allow, and no 
person may conduct, a parachute operation from an aircraft within the 
United States except in accordance with part 105 of this chapter.
* * * * *
    6. Part 105 is revised to read as follows:

PART 105--PARACHUTE OPERATIONS

Subpart A--General

Sec.
105.1  Applicability.
105.3  Definitions.
105.5  General.
105.7  Use of alcohol and drugs.
105.9  Inspections.

Subpart B--Operating Rules

105.13  Radio equipment and use requirements.
105.15  Information required and notice of cancellation or 
postponement of a parachute operation.
105.17  Flight visibility and clearance from cloud requirements.
105.19  Parachute operations between sunset and sunrise.
105.21  Parachute operations over or into congested areas or an 
open-air assembly of persons.
105.23  Parachute operations over or onto airports.
105.25  Parachute operations in designated airspace.
105.27  Accident reporting requirements.

Subpart C--Parachute Equipment and Packing

105.41  Applicability.
105.43  Use of single-harness, dual-parachute systems.
105.45  Use of tandem parachute systems.
105.47  Use of static lines.
105.49  Foreign parachutists and equipment.

    Authority: 49 U.S.C. 106(g), 40113-40114, 44701-44702, 44721.

Subpart A--General


Sec. 105.1  Applicability.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
this part prescribes rules governing parachute operations conducted in 
the United States.
    (b) This part does not apply to a parachute operation conducted--
    (1) In response to an in-flight emergency, or
    (2) To meet an emergency on the surface when it is conducted at the 
direction or with the approval of an agency of the United States, or of 
a State, Puerto Rico, the District of Columbia, or a possession of the 
United States, or an agency or political subdivision thereof.
    (c) Sections 105.5, 105.9, 105.13, 105.15, 105.17, 105.19 through 
105.23, 105.25(a)(1) and 105.27 of this part do not apply to a 
parachute operation conducted by a member of an Armed Force--
    (1) Over or within a restricted area when that area is under the 
control of an Armed Force.
    (2) During military operations in uncontrolled airspace.


Sec. 105.3  Definitions.

    For the purposes of this part--
    Approved parachute means a parachute manufactured under a type 
certificate or a Technical Standard Order (C-23 series), or a 
personnel-carrying military parachute (other than a high altitude, high 
speed, or ejection type) identified by a Navy Air Facility, an Army Air 
Field, an Air Force-Navy drawing number, an Army Air Field order 
number, or any other military designation or specification number.
    Automatic Activation Device means a self-contained mechanical 
device attached to a parachute, other than a static line, which 
automatically initiates parachute deployment at a preset altitude, 
time, percentage of terminal velocity, or combination thereof if that 
parachute has not been manually activated.
    Drop zone means any pre-determined area upon which parachutists or 
objects land after making an intentional parachute jump. The center-
point target of a drop zone is expressed in nautical miles from the 
nearest VOR facility when 30 nautical miles or less; or from the 
nearest airport, town, or city depicted on the appropriate Coast and 
Geodetic Survey World Aeronautical Chart or Sectional Aeronautical 
Chart, when the nearest VOR facility is more than 30 nautical miles 
from the drop zone.
    Fatal injury means any parachuting injury that results in death 
within 30 days from the date of the injury.
    Foreign parachutist means a parachutist who is neither a U.S. 
citizen nor a resident alien.
    Freefall means the portion of a parachute jump or drop between 
aircraft exit and parachute deployment in which the parachute is 
activated manually by the parachutist at the parachutist's discretion 
or automatically, or, in the case of an object, is activated 
automatically.
    Main parachute means a parachute worn as the primary parachute used 
or intended to be used in conjunction with a reserve parachute.
    Object means any item other than a person that descends to the 
surface from an aircraft in flight when a parachute is used or is 
intended to be used during all or part of the descent.
    Parachute drop means a parachute operation that involves the 
descent of an object to the surface from an aircraft in flight when a 
parachute is used or intended to be used during all or part of that 
descent.
    Parachute jump means a parachute operation that involves the 
descent of one or more persons to the surface from an aircraft in 
flight when a parachute is used or intended to be used during all or 
part of that descent.
    Parachute operation means any activity that includes a parachute 
jump or a parachute drop. This activity involves, but is not limited 
to, the following persons: parachutist, tandem parachute operation, 
drop zone owner or operator, certificated parachute rigger, pilot, or 
appropriate FAA personnel.
    Parachutist means a person who boards an aircraft with the intent 
to exit the aircraft while in-flight using a single-harness, dual 
parachute system to descend to the surface.
    Parachutist in command means the person responsible for the 
operation and safety of a tandem parachute operation before, during, 
and after a tandem parachute operation.

[[Page 18311]]

    Passenger parachutist means a person who boards an aircraft, acting 
as other than the parachutist in command of a tandem parachute 
operation, with the intent of exiting the aircraft while in-flight 
using the forward harness of a dual harness tandem parachute system to 
descend to the surface.
    Pilot chute means a small parachute used to initiate and/or 
accelerate deployment of a main or reserve parachute.
    Ram-air parachute means a parachute with a canopy consisting of an 
upper and lower surface that is inflated by ram air entering through 
specially designed openings in the front of the canopy to form a 
gliding airfoil.
    Reserve parachute means an approved parachute worn for emergency 
use to be activated only upon failure of the main parachute or in any 
other emergency where use of the main parachute is impractical or use 
of the main parachute would increase risk.
    Serious injury means any injury that requires hospitalization for 
more than 48 hours, commencing within 7 days from the date the injury 
was received; results in a fracture of any bone (except simple 
fractures of fingers, toes, or the nose); causes severe hemorrhages, or 
nerve, muscle, or tendon damage; or involves any internal organ.
    Single-harness, dual parachute system means the combination of a 
main parachute, approved reserve parachute, and approved single person 
harness and dual-parachute container. This parachute system may have an 
operational automatic activation device installed.
    Supervision means that a certificated rigger personally observes a 
noncertificated person packing a main parachute to the extent necessary 
to ensure that it is being done properly.
    Tandem parachute operation means a parachute operation in which 
more than one person simultaneously uses the same tandem parachute 
system while descending to the surface from an aircraft in flight.
    Tandem parachute system means the combination of a main parachute, 
approved reserve parachute, and approved harness and dual parachute 
container, and a separate approved forward harness for a passenger 
parachutist. This parachute system must have an operational automatic 
activation device installed.


Sec. 105.5  General.

    No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from an aircraft, if that operation creates a hazard to air traffic or 
to persons or property on the surface.


Sec. 105.7  Use of alcohol and drugs.

    No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a person to conduct a parachute 
operation from that aircraft, if that person is or appears to be under 
the influence of--
    (a) Alcohol, or
    (b) Any drug that affects that person's faculties in any way 
contrary to safety.


Sec. 105.9  Inspections.

    The Administrator may inspect, any parachute operation to which 
this part applies (including inspections at the site where the 
parachute operation is being conducted) to determine compliance with 
the regulations of this part.

Subpart B--Operating Rules


Sec. 105.13  Radio equipment and use requirements.

    (a) Except when otherwise authorized by air traffic control--
    (1) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft, in or into controlled airspace unless, during that 
flight--
    (i) The aircraft is equipped with a functioning two-way radio 
communications system appropriate to the air traffic control facilities 
being used; and
    (ii) Radio communications have been established between the 
aircraft and the air traffic control facility having jurisdiction over 
the affected airspace at least 5 minutes before the parachute operation 
begins. The pilot in command and the parachutists on that flight must 
have established radio communications to receive information regarding 
air traffic activity in the vicinity of the parachute operation.
    (2) The pilot in command of an aircraft used for any parachute 
operation in or into controlled airspace must, during each flight--
    (i) Continuously monitor the appropriate frequency of the 
aircraft's radio communications system from the time radio 
communications are first established between the aircraft and air 
traffic control, until the pilot advises air traffic control that the 
parachute operation has ended for that flight; and
    (ii) Advise air traffic control when the last parachutist or object 
leaves the aircraft.
    (b) If, prior to receipt of a required air traffic control 
authorization, or during any parachute operation in or into controlled 
airspace the required radio communications system is or becomes 
inoperative, any parachute operation from the aircraft must be aborted.


Sec. 105.15  Information required and notice of cancellation or 
postponement of a parachute operation.

    (a) Each person requesting an authorization under sections 
105.21(b) and 105.25(a)(2) of this part and each person submitting a 
notification under section 105.25(a)(3) of this part must include the 
following information (on an individual or group basis) in that request 
or notice:
    (1) The date and time the parachute operation will begin.
    (2) The radius of the drop zone around the target expressed in 
nautical miles.
    (3) The location of the center of the drop zone in relation to--
    (i) The nearest VOR facility in terms of the VOR radial on which it 
is located and its distance in nautical miles from the VOR facility 
when that facility is 30 nautical miles or less from the drop zone 
target; or
    (ii) The nearest airport, town, or city depicted on the appropriate 
Coast and Geodetic Survey World Aeronautical Chart or Sectional 
Aeronautical Chart, when the nearest VOR facility is more than 30 
nautical miles from the drop zone target.
    (4) Each altitude above mean sea level at which the aircraft will 
be operated when parachutists or objects exit the aircraft.
    (5) The duration of the intended parachute operation.
    (6) The name, address, and telephone number of the person who 
requests the authorization or gives notice of the parachute operation.
    (7) The registration number of the aircraft to be used.
    (8) The radio frequencies appropriate to the air traffic control 
facilities to be used, if required.
    (b) Each holder of a certificate of authorization issued under 
sections 105.21(b) and 105.25(b) of this part must present that 
certificate for inspection upon the request of the Administrator or any 
Federal, State, or local official.
    (c) Each person requesting an authorization under sections 
105.21(b) and 105.25(a)(2) of this part and each person submitting a 
notice under section 105.25(a)(3) of this part must promptly notify the 
air traffic control facility having jurisdiction over the affected 
airspace if the proposed or scheduled parachute operation is canceled 
or postponed.


Sec. 105.17  Flight visibility and clearance from cloud requirements.

    No person may conduct a parachute operation, and no pilot in 
command of

[[Page 18312]]

an aircraft may allow a parachute operation to be conducted from that 
aircraft--
    (a) Into or through a cloud, or
    (b) When the flight visibility or the distance from any cloud is 
less than that prescribed in the following table:

------------------------------------------------------------------------
                                Flight visibility
           Altitude              (statute miles)    Distance from clouds
------------------------------------------------------------------------
1,200 feet or less above the                   3   500 feet below, 1,000
 surface regardless of the                          feet above, 2,000
 MSL altitude.                                      feet horizontal.
More than 1,200 feet above                     3   500 feet below, 1,000
 the surface but less than                          feet above, 2,000
 10,000 feet MSL.                                   feet horizontal.
More than 1,200 feet above                     5   1,000 feet below,
 the surface and at or above                        1,000 feet above, 1
 10,000 feet MSL.                                   mile horizontal.
------------------------------------------------------------------------

Sec. 105.19  Parachute operations between sunset and sunrise.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a person to conduct a parachute 
operation from an aircraft between sunset and sunrise, unless the 
person or object descending from the aircraft displays a light that is 
visible for at least 3 statute miles in all directions.
    (b) Each person conducting a parachute drop between sunset and 
sunrise must ensure that the light required by paragraph (a) of this 
section is displayed from the time that the object or parachutist exits 
the aircraft until the object or parachutist reaches the surface.


Sec. 105.21  Parachute operations over or into a congested area or an 
open-air assembly of persons.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft, over or into a congested area of a city, town, or 
settlement, or an open-air assembly of persons unless a certificate of 
authorization for that parachute operation has been issued under this 
section. However, a parachutist may drift over a congested area or an 
open-air assembly of persons with a fully deployed and properly 
functioning parachute if that parachutist is at a sufficient altitude 
to avoid creating a hazard to persons or property on the surface.
    (b) An application for a certificate of authorization issued under 
this section must--
    (1) Be made to the local FSDO in a form and in a manner prescribed 
by the Administrator, and
    (2) Contain the information in section 105.15(a) of this part.


Sec. 105.23  Parachute operations over or onto airports.

    No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft, over or onto any airport unless--
    (a) For airports with an operating control tower:
    (1) Prior approval has been obtained from the management of the 
airport to conduct parachute operations over or onto that airport.
    (2) Approval has been obtained from the control tower to conduct 
parachute operations over or onto that airport.
    (3) Two-way radio communications are maintained between the pilot 
of the aircraft involved in the parachute operation and the control 
tower of the airport over or onto which the parachute operation is 
being conducted.
    (b) For airports without an operating control tower, prior approval 
has been obtained from the management of the airport to conduct 
parachute operations over or onto that airport.
    (c) A parachutist may drift over that airport with a fully deployed 
and properly functioning parachute if he is at least 2,000 feet above 
that airport's traffic pattern, and avoids creating a hazard to air 
traffic or to persons and property on the ground.


Sec. 105.25  Parachute operations in designated airspace.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft--
    (1) Over or within a restricted area or prohibited area unless the 
controlling agency of the area concerned has authorized that parachute 
operation;
    (2) Within or into Class A, B, C, or D airspace area without, or in 
violation of the terms of, an air traffic control authorization issued 
under this section;
    (3) Except as provided in paragraph (c) and (d) of this section, 
within or into Class E or G airspace area unless the air traffic 
control facility having jurisdiction over the affected airspace is 
notified of the parachute operation no earlier than 24 hours before or 
no later than 1 hour before the parachute operation begins.
    (b) Each request for a parachute operation authorization or 
notification required under this section must be submitted to the air 
traffic control facility having jurisdiction over the affected airspace 
and must include the information prescribed by section 105.15(a) of 
this part.
    (c) For the purposes of paragraph (a)(3) of this section, air 
traffic control may accept a written notification from an organization 
that conducts parachute operations and lists the scheduled series of 
parachute operations to be conducted over a stated period of time not 
longer than 12 calendar months. The notification must contain the 
information prescribed by section 105.15(a) of this part, identify the 
responsible persons associated with that parachute operation, and be 
submitted at least 15 days, but not more than 30 days, before the 
parachute operation begins. Air traffic control may revoke the 
acceptance of the notification for any failure of the organization 
conducting the parachute operations to comply with its terms.
    (d) Paragraph (a)(3) of this section does not apply to a parachute 
operation conducted by a member of an Armed Force within a restricted 
area that extends upward from the surface when that area is under the 
control of an Armed Force.


105.27  Accident reporting requirements.

    The FAA must be notified within 48 hours of any parachute operation 
resulting in a serious or fatal injury to a parachutist by--
    (a) Each parachutist involved in the accident, or
    (b) the pilot of the aircraft, or
    (c) The drop zone owner or operator.

Subpart C--Parachute Equipment and Packing


Sec. 105.41  Applicability.

    This subpart prescribes rules governing parachute equipment used in 
civil parachute operations.

[[Page 18313]]

Sec. 105.43  Use of single-harness, dual-parachute systems.

    No person may conduct a parachute operation using a single-harness, 
dual-parachute system, and no pilot in command of an aircraft may allow 
any person to conduct a parachute operation from that aircraft using a 
single-harness, dual-parachute system, unless that system has at least 
one main parachute, one approved reserve parachute, and one approved 
single person harness and container that are packed as follows:
    (a) The main parachute must have been packed within 120 days before 
the date of its use by a certificated parachute rigger, the person 
making the next jump with that parachute, or a non-certificated person 
under the direct supervision of a certificated parachute rigger.
    (b) The reserve parachute must have been packed by a certificated 
parachute rigger--
    (1) Within 120 days before the date of its use, if its canopy, 
shroud, and harness are composed exclusively of nylon, rayon, or 
similar synthetic fiber or material that is substantially resistant to 
damage from mold, mildew, or other fungi, and other rotting agents 
propagated in a moist environment; or
    (2) Within 60 days before the date of its use, if it is composed of 
any amount of silk, pongee, or other natural fiber, or material not 
specified in paragraph (b)(1) of this section.
    (3) If installed, the automatic activation device must be 
maintained in accordance with manufacturer instructions for that 
automatic activation device.


Sec. 105.45  Use of tandem parachute systems.

    (a) No person may conduct a parachute operation using a tandem 
parachute system, and no pilot in command of an aircraft may allow any 
person to conduct a parachute operation from that aircraft using a 
tandem parachute system, unless--
    (1) One of the parachutists using the tandem parachute system is 
the parachutist in command, and meets the following requirements:
    (i) Has a minimum of 3 years of experience in parachuting, and must 
provide documentation that the parachutist
    (ii) Has completed a minimum of 500 freefall parachute jumps, at 
least 300 of which were completed using a ram-air parachute, and
    (iii) Holds an expert parachute license issued by an organization 
recognized by the FAA, and
    (iv) Has successfully completed a tandem instructor course given by 
the manufacturer of the tandem parachute equipment used in the 
parachute operation or a course acceptable to the Administrator.
    (v) Has been certified by the appropriate parachute manufacturer or 
tandem course provider as being properly trained on the use of the 
specific tandem parachute system to be used.
    (2) The person acting as parachutist in command:
    (i) Has briefed the passenger parachutist before boarding the 
aircraft. The briefing must include the procedures to be used in case 
of an emergency with the aircraft or after exiting the aircraft, while 
preparing to exit and exiting the aircraft, freefall, operating the 
parachute after freefall, landing approach, and landing.
    (ii) Uses the harness position prescribed by the manufacturer of 
the tandem parachute equipment.
    (b) No person may make a parachute jump with a tandem parachute 
system unless--
    (1) The main parachute has been packed by a certificated parachute 
rigger, the parachutist in command making the next jump with that 
parachute, or a person under the direct supervision of a certificated 
parachute rigger.
    (2) The reserve parachute has been packed by a certificated 
parachute rigger in accordance with section 105.43(b) of this part.
    (3) The tandem parachute system contains an operational automatic 
activation device for the reserve parachute, approved by the 
manufacturer of that tandem parachute system.
    (i) The automatic activation device must be maintained in 
accordance with manufacturer instructions for that automatic activation 
device.
    (ii) [Reserved]
    (4) The passenger parachutist is provided with a manual main 
parachute activation device and instructed on the use of that device, 
if required by the owner/operator.
    (5) The main parachute is equipped with a single-point release 
system.
    (6) The reserve parachute meets Technical Standard Order C23 
specifications.


Sec. 105.47  Use of static lines.

    (a) Except as provided in paragraph (c) of this section, no person 
may conduct a parachute operation using a static line attached to the 
aircraft and the main parachute unless an assist device, described and 
attached as follows, is used to aid the pilot chute in performing its 
function, or, if no pilot chute is used, to aid in the direct 
deployment of the main parachute canopy. The assist device must--
    (1) Be long enough to allow the main parachute container to open 
before a load is placed on the device.
    (2) Have a static load strength of--
    (i) At least 28 pounds but not more than 160 pounds if it is used 
to aid the pilot chute in performing its function; or
    (ii) At least 56 pounds but not more than 320 pounds if it is used 
to aid in the direct deployment of the main parachute canopy; and
    (3) Be attached as follows:
    (i) At one end, to the static line above the static-line pins or, 
if static-line pins are not used, above the static-line ties to the 
parachute cone.
    (ii) At the other end, to the pilot chute apex, bridle cord, or 
bridle loop, or, if no pilot chute is used, to the main parachute 
canopy.
    (b) No person may attach an assist device required by paragraph (a) 
of this section to any main parachute unless that person is a 
certificated parachute rigger or that person makes the next parachute 
jump with that parachute.
    (c) An assist device is not required for parachute operations using 
direct-deployed, ram-air parachutes.


Sec. 105.49  Foreign parachutists and equipment.

    (a) No person may conduct a parachute operation, and no pilot in 
command of an aircraft may allow a parachute operation to be conducted 
from that aircraft with a non-TSO'd foreign parachute system unless--
    (1) The parachute system is worn by a foreign parachutist who is 
the owner or agent of that system.
    (2) The parachute system is of a single harness dual parachute 
type.
    (3) The parachute system meets the civil aviation authority 
requirements of the foreign parachutists country.
    (4) All foreign non-TSO'd parachutes deployed by a foreign 
parachutist during a parachute operation conducted under this section 
shall be packed as follows--
    (a) The main parachute must be packed by the foreign parachutist 
making the next parachute jump with that parachute, or a certificated 
parachute rigger.
    (b) The reserve parachute must be packed in accordance with the 
foreign parachutists civil aviation authority requirements, by a 
certificated parachute rigger, or any other person acceptable to the 
administrator.

[[Page 18314]]

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    7. The authority citation for part 119 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 44105, 
44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 
44914, 44936, 44938, 46103, 46105.

    8. Section 119.1 is amended by revising paragraph (e)(6) to read as 
follows:


Sec. 119.1  Applicability.

* * * * *
    (e) * * *
    (6) Nonstop flights conducted within a 25-statute-mile radius of 
the airport of takeoff carrying persons or objects for the purpose of 
conducting intentional parachute operations.
* * * * *
    Issued in Washington, DC, on April 2, 1999.
Richard V. Powell,
Acting Program Director, Air Traffic Airspace Management Program.
L. Nicholas Lacey,
Director, Flight Standards Service.
[FR Doc. 99-8753 Filed 4-12-99; 8:45 am]
BILLING CODE 4910-13-U