PETITION FOR EXEMPTION FROM FAR 105.43 (b)

Skydive Arizona, Inc. hereby 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 skydivers to use 

approved 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 skydivers to make parachute jumps 

from those aircraft in accordance with all provisions of FAR Section 105 except section 105.43 

(b).

Interests of Petitioner

The petitioner is a commercial skydiving center that provides skydiving facilities year round to 

skydivers from all over the world. The petitioner’s goal is to provide skydivers with a safe, 

enjoyable visit for recreational skydiving. A significant portion of our customers are foreign 

skydivers visiting the United States to take advantage of favorable conditions for aviation sports 

here. Foreign clients of Skydive 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 foreign skydivers are using equipment built and 

approved 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, many foreign civil aviation authorities have different standards with regard to 

reserve re-pack cycles 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 in accordance with the standards of the parachutist’s home country, it does not allow 

them to use approved parachutes in the same manner.

In order to use their approved parachutes, visiting foreign skydivers must undergo the expense 

and delay of having them re-packed by 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 Skydive Arizona requests an exemption from Part 105.43 (b) to allow foreign 

parachutists to use their personal equipment, approved 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 Standard 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 parachutists and equipment,” recognizes that foreign equipment 

maintained by foreign riggers to foreign standards does not constitute a derogation of safety. 

Unfortunately it only applies to “unapproved” parachute systems. There is no evidence to 

suggest that “approved” parachute systems maintained in the same manner as unapproved 

systems would be any less safe. Of 54 member nations of the International Parachuting 

Commission, the US is the only country to prohibit foreign 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 Skydive 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 

parachute 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 by a certificated parachute rigger, or by 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 events without complying with 105.43 (a) of the FAR will 

not derogate safety if the parachutes are approved/accepted by the proper authorities in the 

foreign parachutists’ country of registry.” (Emphasis by the petitioner.) A copy of the original 

exemption is included in the supporting documents.

Renewed every two years 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 could use their own gear, accepted or unaccepted, if maintained to their 

home country’s standards, we neglected to renew 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 regularly through 

1994. Copies of 5542 and 4946 are attached.

There is no record of these exemptions causing any derogation to safety.

Public Interest

A grand of exemption would be in the public interest in that it would enhance parachuting safety 

by allowing foreign skydivers to use their personal equipment maintained by riggers familiar to 

them and approved by their national aero clubs. It would also make it easier for foreign skydivers 

to visit the United States by relieving them of the burden of having to have their approved 

equipment, packed and maintained by the standards of their country of origin, to be re-packed by 

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, approved 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 cycle and by an FAA certificated 

rigger. 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 parachuting 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 Skydive Arizona, Inc. 

3) Each participant’s parachuting equipment must comply with the procedures for approval 

and/or acceptance of the participant’s country.

4) Skydive Arizona, Inc. shall ensure that each participant has the parachute packing records 

available for review upon request by the Flight Standards District Office having 

jurisdiction over the activities.

5) If the exemption is granted, Skydive Arizona, Inc. will provide a copy of the exemption 

to the Flight Standards District Office supervising activities at Skydive Arizona, Inc.

Summary for Publishing in the Federal Register

The petitioner asks that publication in the Federal Register be waived for the following reasons:

Numerous similar petitions have already been published over a period of several decades. These 

petitions have generated no comments in opposition. 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 proposed summary:

“Skydive 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 parachute jumps 

using approved parachutes that are maintained under the same conditions 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 type 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 type) identified by a Navy Air Facility, an Army Air 

Field, and Air Force-Navy drawing number, an Army Air Field order number, or any 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 parachute 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 damage 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 paragraph (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 

foreign 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 requirements 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.