28820 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91 and 105 

[Docket No. FAA–2005–21829; Notice No. 

07–12] 

RIN 2120–AI85 

Parachute Equipment and Packing 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA is considering 

rulemaking to change the packing 

interval for certain types of parachutes. 

Currently, the FAA requires that most 

parachutes may not be used or carried 

aboard an aircraft and available for 

emergency use unless they have been 

packed within the previous 120 days. 

New reliability data from the parachute 

industry and other sources indicate it is 

time to review the packing interval, and 

the FAA is asking for public comment 

on a proposal to lengthen the interval 

from 120 to 180 days. The effect of the 

proposal is to ensure the rules reflect 

the safest parachute packing interval. 

In this rulemaking, we are also 

proposing several correcting 

amendments to the rules related to 

parachute operations. 

DATES: Send your comments on or 

before August 20, 2007. 

ADDRESSES: You may send comments 

[identified by Docket Number FAA– 

2005–21829] using any of the following 

methods: 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room W12–140 on the Ground Floor of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Kim 

Barnette, AFS–350, Aircraft 

Maintenance Division, General Aviation 

and Avionics Branch, AFS–350, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

493–4922; facsimile (202) 267–5115, email kim.a.barnette@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a preaddressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

and also identify electronically within 

the disk or CD–ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 


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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 28821 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart iii, Section 

44701. Under that section, the FAA is 

charged with promoting safe flight of 

civil aircraft in air commerce by 

prescribing regulations and minimum 

standards in the interest of safety for 

inspecting, servicing, and overhauling 

aircraft, aircraft engines, propellers, and 

appliances. This rule is within the scope 

of that authority because it affects the 

airworthiness of parachutes used for 

airborne emergencies and sport 

applications. 

Background 

The majority of nonmilitary 

parachutes used in the United States are 

either sport parachutes or parachutes 

used for emergency purposes. Nearly all 

sport parachutes are used for skydiving 

and use a ‘‘dual parachute system.’’

Dual parachute systems contain a 

‘‘main’’ parachute and a second 

parachute called a ‘‘reserve’’ parachute, 

to be used if the main parachute fails. 

The other commonly used parachute is 

a single-unit emergency parachute, often 

worn in case of emergency when 

operating special aircraft like gliders or 

aerobatic airplanes. 

The FAA issued a rule in 1978 

requiring that main and most reserve 

parachutes be packed every 120 days. 

Before 1978, the FAA required that all 

parachutes be packed every 60 days. 

The FAA extended the packing interval 

to 120 days because new synthetic 

parachute materials like nylon and 

Dacron were becoming commonplace. 

Parachutists had found the synthetic 

material was just as reliable after being 

packed for 120 days as it was after 60 

days. 

The rule still requires a 60-day 

packing interval for reserve parachutes 

that were composed of any amount of 

silk, pongee, or other natural fiber, or a 

material that was not nylon, rayon, or 

similar synthetic fiber. A similar 

requirement exists for emergency-use 

parachutes. 

Recently acquired data from the U.S. 

military, foreign aviation authorities, 

and parachute industry representatives 

suggest the current 120-day packing 

interval may be too short. Experts assert 

modern parachute materials last longer 

when the packing interval is longer than 

120 days, and that too-frequent packing 

may shorten the life of the materials. 

Those experts found the parachute’s 

porosity was affected by handling and 

manipulation of the parachute while 

being packed. The FAA is proposing 

180 days as a more suitable packing 

interval for modern parachute systems. 

The FAA has granted several 

exemptions to foreign individuals who 

participate in parachute events in the 

United States. Those exemptions 

allowed the foreign parachutists to use 

their parachutes even if they had not 

been packed within the previous 120 

days. We relied on the parachutist’s 

compliance with the packing interval 

requirements of the aviation authority in 

the parachutist’s own country. 

In this NPRM we are also proposing 

several minor corrections to 14 CFR 

parts 91 and 105. We propose to remove 

the reference to ‘‘chair type’’ parachutes 

in § 91.307 because all parachutes, 

regardless of type, will have the same 

packing interval. We are also making 

two typographical corrections to errors 

we found in § 105.43. 

We are not proposing any changes to 

the packing interval for parachutes 

made from natural fibers such as silk or 

pongee. 

Statement of the Problem 

The FAA has concluded it is time to 

reconsider our parachute packing 

interval requirements. The FAA has 

systems to collect data about incidents 

related to parachutes and the activity of 

FAA-certificated parachute riggers. We 

have not, however, been able to gather 

our own data about the effect of the 

packing interval on modern parachute 

materials. On July 8, 2005, the 

Parachute Industry Association 

petitioned the FAA (docket no. FAA–

2005–21829–1) for an exemption from 

the 120-day packing interval, and 

provided some data that suggests a 

longer interval may be warranted. The 

petition indicated many foreign 

countries and military organizations 

were using longer packing intervals that 

did not adversely affect safety or 

parachute performance. 

We are issuing this notice to invite 

data from the public that will support or 

challenge our proposal to change the 

current parachute packing interval. 

Section-by-Section Discussion of the 

Proposals 

Section 91.307 Parachutes and 

Parachuting 

One amendment to § 91.307 would 

remove an unnecessary reference to 

‘‘chair type’’ parachutes. Another would 

change § 91.307 to increase the packing 

interval for emergency-use parachutes 

composed exclusively of nylon, rayon, 

or other similar synthetic fiber or 

materials from 120 days to 180 days. 

Section 105.43 Use of Single-Harness, 

Dual-Parachute Systems 

The amendment to § 105.43 would 

increase the packing interval for all 

main and most (those composed 

exclusively of nylon, rayon, or other 

similar synthetic fiber or materials) 

reserve parachutes from 120 days to 180 

days. We also propose to correct two 

minor typographical errors in § 105.43. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined that there are no 

current or new information collection 

requirements associated with this 

proposed rule. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Parachute Equipment and Packing: 

Economic Assessment, Initial 

Regulatory Flexibility Determination, 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 


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$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this proposed rule. 

We suggest readers seeking greater 

detail read the full regulatory 

evaluation, a copy of which we have 

placed in the docket for this rulemaking. 

In conducting these analyses, the FAA 

has determined that this proposed rule: 

(1) Has benefits that justify its costs, (2) 

is not an economically ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, (3) is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures; (4) 

would not have a significant economic 

impact on a substantial number of small 

entities; (5) would not create 

unnecessary obstacles to the foreign 

commerce of the United States; and (6) 

would not impose an unfunded 

mandate on State, local, or tribal 

governments, or on the private sector by 

exceeding the threshold identified 

above. These analyses are summarized 

below. 

This proposed rule will result in no 

quantifiable costs, although the proposal 

may result in some minor loss of 

revenue to parachute riggers. Also, we 

believe that extending the packing 

requirement from 120 days to 180 days 

would not degrade the current level of 

safety afforded to parachutists, and the 

level of safety in an emergency situation 

may increase because the parachutes 

would not be handled as often. 

Repacking parachutes may cause some 

degradation in the strength of the 

parachute material. The FAA requests 

comments regarding the estimated 

population size and typical cost of 

packing a reserve parachute used in this 

analysis. We are also requesting that all 

comments be accompanied by clear 

documentation. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. However, if an agency determines 

that a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

This rulemaking would result in some 

minor cost savings to parachutists. We 

consider parachutists to be individuals 

who are not subject to RFA. This 

proposed rule does not impose costs on 

any small entities; it may however, 

result in some minor loss of revenue to 

parachute riggers. Therefore, the FAA 

certifies that this proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities. The FAA solicits comments 

regarding this determination. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this proposed rule 

and has determined that it would have 

only a domestic impact and therefore no 

affect on international trade. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation with the 

base year 1995) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$128.1 million in lieu of $100 million. 

This proposed rule does not contain 

such a mandate. 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect 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, and therefore 

would not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312 and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this NPRM 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects 

14 CFR Part 91 

General operating and flight rules, 

Special flight operations, Parachutes 

and Parachuting. 

14 CFR Part 105 

Parachute operations, Parachute 

equipment and packing. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend Chapter I of Title 14, 

Code of Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

1. 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 


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29 of the Convention on International Civil 

Aviation (61 stat. 1180). 

2. Amend § 91.307 to revise paragraph 

(a) to read as follows: 

§ 91.307 Parachutes and parachuting. 

(a) No pilot of a civil aircraft may 

allow a parachute that is available for 

emergency use to be carried in that 

aircraft unless it is an approved type 

and has been packed by a certificated 

and appropriately rated parachute 

rigger—

(1) Within the preceding 180 days, if 

its canopy, shrouds, and harness are 

composed exclusively of nylon, rayon, 

or other similar synthetic fiber or 

materials that are substantially resistant 

to damage from mold, mildew, or other 

fungi and other rotting agents 

propagated in a moist environment; or 

(2) Within the preceding 60 days, if 

any part of the parachute is composed 

of silk, pongee, or other natural fiber or 

materials not specified in paragraph 

(a)(1) of this section. 

* * * * * 

PART 105—PARACHUTE 

OPERATIONS 

3. The authority citation for part 105 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113–40114, 

44701–44702, 44721 

4. Amend § 105.43 to revise paragraph 

(a) and (b)(1) to read as follows: 

§ 105.43 Use of single-harness, dualparachute systems. 

* * * * * 

(a) The main parachute must have 

been packed within 180 days before the 

date of its use by a certificated 

parachute rigger, the person making the 

next jump with that parachute, or a noncertificated person under the direct 

supervision of a certificated parachute 

rigger. 

(b) * * * 

(1) Within 180 days before the date of 

its use, if its canopy, shroud, and 

harness are composed exclusively of 

nylon, rayon, or similar synthetic fiber 

or material that is substantially resistant 

to damage from mold, mildew, and 

other fungi, and other rotting agents 

propagated in a moist environment; or 

* * * * * 

Issued in Washington, DC, on May 11, 

2007. 

James J. Ballough, 

Director, Flight Standards Service. 

[FR Doc. E7–9875 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–13–P 


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