**PETITION FOR EXEMPTION FROM FAR 105.43 (b)**

Sky dive Arizona, Inc. here by petitions, pursuant to Section 11.25 of the Federal Aviation Regulations, for an exemption from FAR 105.43 ( b) that addresses the parachute equipment and packing requirements for intentional parachute jumps in the United States. The petitioner requests an exemption to the extent necessary to allow non

- student foreign sky divers to use a pproved parachute equipment maintained by the standards of their civil aviation authorities while making intentional sport parachute jumps at the petitioner’s facilities. The exemption will permit the operation of civilian aircraft of United States registry in flights for intentional parachuting operations and it will permit non

- student foreign sk ydive rs to make parachute jumps from those aircraft in accordance with all provisions of FAR Section 105 except s ection 105.43 (b). **Interests of Petitioner** The petitioner is a commercial skydiving center that provides skydiving facilities y ear round to sky div ers from all over the world. The petitioner’s goal is to provide skydivers with a safe, enjoy able visit for recreational skydiving. A significant portion of our customers are foreign sky divers visiting the United States to take advantage of favorable condi tions for aviation sports here. Foreign clients of Sky dive Arizona are experienced skydivers who wish to use their personal parachuting equipment, which is approved and maintained according to the rules of their civil aviation authorities. Most of these fo reign sk ydivers are using equipment built and a pproved in the USA under Technical Standard Orders applicable to parachute equipment. However, they

may not have access to an FAA certificated rigger in their country of origin. Furthermore, man y foreign civil aviation authorities have different standards with regard to reserve re - pack cy cles and/or use of seals on reserve parachutes. While FAR 105.49 allows foreign parachutists to use unapproved parachutes in the USA as long as they are maintained and packed i n accordance with the standards of the parachutist’s home country , it does not allow them to use a

pproved parachutes in the same manner. In order to use their a

pproved parachutes, visiting foreign skydivers must undergo the expense and delay of having the m re - packed b y an FAA certificated rigger upon arrival in the USA if they do not have access to a FAA certificated rigger in their home country

. Therefore Sk ydive Arizona requests an exemption from Part 105.43 (b) to allow foreign parachutists to use thei r personal equipment, a pproved or unapproved, under the terms of Section 105.49 , “Foreign parachutists and equipment.” **Comments in Support of the Petition** Many foreign parachutists use equipment that is manufactured and approved in the USA by Technical S tandard Order. However, they may not have access to an FAA certificated parachute rigger and their national civil aviation authorities or other bodies governing parachuting may have different standards for the reserve re

- pack cycle and/or use of seals on the reserve.Section 105.49, “Foreign parachuti sts and equipment,” recognizes that foreign equipment

maintained by

foreign riggers to foreign standards does not constitute a derogation of safet y. Unfortunatel y it only applies to “unapproved” parachute s ys t ems. There is no evidence to suggest that “ approved ” parachute s ys tems maintained in the same manner as unapproved sy stems would be any

less safe. Of 54 member nations of the International Parachuting Commission, the US is the only country to prohibit fore ign parachutists from using TSO’d parachute equipment accepted and maintained to the standards of their national authorities. There is ample precedent for the FAA to authorize non

- student foreign skydivers to use their personal parachute equipment in the US in the same manner they would use it in their home countries . Exemptions of this nature have been issued several times in the past. Exemption No. 5725, was issued to Sky dive Arizona inc. on August 20, 1993 and renewed several times after. This was an exemption to FAR 105.43 (a) which at the time read “No person may make a parachute jump, and no pilot in command of an aircraft may allow any

person to make a p arachute jump from that aircraft, unless that person is wearing a single harness dual parachute pack, having at least one main parachute and one approved auxiliary parachute. The main parachute must have been packed b y a certificated parachute rigger, or b y the person making the jump, and the auxiliary

must have been packed by a certificated and appropriately rated rigger.” In granting the exemption the FAA stated “An exemption to allow non

- student, foreign skydivers to participate in parachute jumping eve nts without complying with 105.43 (a) of the FAR will not derogate safet y **if the parachutes are approved/accepted by the proper authorities in the foreign parachutists’ country of registry**  .” ( Emphasis by the petitioner .) A cop y of the original exemption is included in the supporting documents. Renewed every

two y ears in 1995 and 1997, it was re

- issued in 2000 as Exemption 7106. With the expectation that the rewrite of FAR Section 105 in 2001 would contain language establishing that foreign parachutists cou ld use their own gear, accepted or unaccepted, if maintained to their home country ’s standards, we neglected to r enew the exemption. That word “accepted” did not make it into the new Section 105, so we are requesting a new exemption. Other exemptions like this include 5542 issued to Skydive Deland, Inc. in November 1992 and 4946 issued to the US Parachute Association on June 10, 1988 and renewed regularl y through 1994. Copies of 5542 and 4946 are attached. There is no record of these exemptions causing any derogation to safet y. **Public Interest** A grand of exemption would be in the public interest in that it would enhance parachuting safet y by allowing foreign skydivers to use their personal equipment maintained by riggers familiar to them and approved b y their national aero clubs. It would also m ake it easier for foreign skydivers to visit the United States by relieving them of the burden of having to have their a pproved equipment , packed and maintained by the standards of their country of origin , to be re

- packed b y an FAA certificated rigger upon arrival in the USA.**Conditions of Exemption**

Under the terms of a grant of this exemption, non

- student foreign skydivers would be allowed to use their personal parachute equipment , a pproved or unapproved, as accepted and maintained under the standards of their national aero club, and the pilots who fly them would be permitted to operate under the provisions of Section 105 without complying with the current rule that Accepted equipment be packed within the USA’s 180 day cy cle and by

an FAA certificated rig ger. The petitioner anticipates restrictions and conditions to the exemption, and summarizes minimum conditions and restrictions considered necessary to maintain safety

that the petitioner proposed to impose on foreigners wishing to use their personal para chuting equipment maintained according to their national rules. 1) Each non

- student foreign national must be registered with Skydive Arizona, Inc. prior to participating in parachuting activities. Satisfactory proof of experience beyond student level in the form of a national or international parachutist’s license or a parachutist’s logbook will be required for participation in the exemption. 2) This exemption will apply only to parachute jumps made at Sky dive Arizona, Inc. 3) Each participant’s parachuting equipm ent must comply with the procedures for approval and/or acceptance of the participant’s country

. 4) Sky dive Arizona, Inc. shall ensure that each participant has the parachute packing records available for review upon request b y the Flight Standards District O ffice having jurisdiction over the activities. 5) If the exemption is granted, Sky dive Arizona, Inc. will provide a copy of the exemption to the Flight Standards District Office supervising activities at Sky dive Arizona, Inc.

**Summary for Publishing in the Fe deral Register**  The petitioner asks that publication in the Federal Register be waived for the following reasons: Numerous similar petitions have alread y been published over a period of several decades. These petitions have generated no comments in opposi tion. There is no reason to expect this petition, similar to previous petitions, to generate comment. Publication will only

serve to increase FAA work load and expense, and to prolong response time. If this petition is published, the following is the pro posed summary : “Sky dive Arizona, Inc. has petitioned the Administrator of the FAA for an exemption to FAR Section 105.43 (b) concerning parachute equipment and packing requirements. The exemption would modify

the requirements to allow non

- student foreign skydivers to make p arachute jumps using approved p arachutes that are maintained under the same conditi ons applied to unapproved foreign equipment as specified in Section 105.49.**Pertinent FARs**



### Sec. 105.3 Definitions For the purposes of this part

— **APPROVED PARACHUTE** means a parachute manufactured under a t ype certificate or a Technical Standard Order (C

- 23 series), or a personnel

- carrying U.S. military parachute (other than a high altitude, high speed, or ejection ty pe) identified by

a Navy Air Facilit y, an Arm y Air Field, and Air Force

- Navy drawing number, an Army Air Field order number, or an y other military designation or specification number.
**FOREIGN PARACHUTIST** means a parachutist who is neither a U.S. citizen or a resident alien and is participating in parachute operations within the United States using parachute equipment not manufactured in the United States. **MAIN PARACHUTE** means a parachute worn as the primary parachute used or intended to be used in conjunction with a reserve parachute. **RESERVE PARACHUTE** means an approved parachute worn for emergency use to be activated only upon failure of the main parachute or in any other emergency where use of the main parachute is impractical or use of the main parachute would increase risk. **SINGLE**
**- HARNESS, DUAL PARACHUTE SYSTEM**  means the combination of a main parachute, approved reserve parachute, and approved single

- person harness and dual

- parachute container. This parachute system may have an operational automatic activation device installed. 

### Sec. 105.41 Applicability This subpart prescribed rules governing parachute equipment used in civil parachute operations. 

### Sec. 105.43 Use of single

- harness, dual

- parachute systems No person may conduct a parachute operation using a single

- harness, dual

- parachute system, and no pilot in command of an aircraft may allow any person to conduct a parachute operation from that aircraft using a single

- harness, dual

- parachute system, unless that system has at least one main parachute, one approved reserve parachute, and one approved single person harness and container that are packed as follows: (b) The reserve parachut e must have been packed by a certificated parachute rigger

- (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 d amage from mold, mildew, and other fungi, and other rotting agents propagated in a moist environment; or (2) Within 60 days before the date of its use, if it is composed of any amount of silk, pongee, or other natural fiber, or material not specified in p aragraph (b)(1) of this section.

### Sec. 105.49 Foreign parachutists and equipment

(a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft with an unapproved fo reign parachute system unless

-- (1) The parachute system is worn by a foreign parachutist who is the owner of that system. (2) The parachute system is of a single

- harness dual parachute type. (3) The parachute system meets the civil aviation authority re quirements of the foreign parachutist's country. (4) All foreign non

- approved parachutes deployed by a foreign parachutist during a parachute operation conducted under this section shall be packed as follows

-- (i) The main parachute must be packed by the foreign parachutist making the next parachute jump with that parachute, a certificated parachute rigger, or any other person acceptable to the Administrator. (ii) The reserve parachute must be packed in accordance with the foreign parachutist's civil aviation authority requirements, by a certificated parachute rigger, or any other person acceptable to the Administrator. **Supporting Documents** FAA Exemptions 4946, 5542, 5725, and 7106. These are previous exemptions from FARs pertaining to foreign equipment

.