Combining Mixed-Use Flight Operations Safely at Airports (2016)

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62 A parachute is a device used or intended to be used to retard the fall of a body or object through the air (14 CFR 1). Sport parachuting is more commonly referred to as skydiving. A “skydive” is defined as the descent of a person to the surface from an aircraft in flight when he or she uses or intends to use a parachute during all or part of that descent (USPA 2013). Skydiving operations were found to be the aeronautical activity of most concern to airport opera- tors because they were often considered to be incompatible with other aeronautical activity. The perception is that skydiving is unsafe and does not mix well with traditional fixed-wing activity, or that adequate space did not exist on the airport to accommodate a PDZ. The main safety concerns expressed in the literature search are that skydivers landing on an airport descend through an aircraft traffic pattern, they are not readily visible to other aircraft, they do not always land where they should, and jumpers may have to walk across active runways and taxiways to return to the staging area upon landing. Whether for training, recreational, or competitive purposes, skydiving is recognized by the FAA as an aeronautical activity, even though parachutists are not certificated airmen (FAA 2007b). Airports that receive FAA funding agree to accommodate all aeronautical activity unless the FAA determines that compatibility issues prohibit parachuting or other operations at a particular airport. The FAA considers most skydiving to be a commercial operation under 14 CFR Part 91, as it is offered to the public for compensation or hire. Chapter fifteen contains case examples of airports that have skydiving operations. FAA determinations as a result of Part 13 or Part 16 complaints indicate that airports need to make a good faith effort to address safety concerns. Two airports in the study were found to have conducted independent safety risk assessments as part of their evaluation for accommodating or limiting skydive activity. Other airports were found to be lacking in policies, standards, or rules in place to justify their denial of skydiving activity. CERTIFICATE OF WAIVER OR AUTHORIZATION The airspace and landing area where parachute operations are to occur determine whether the sky- diving operation will need a Form 7711-1, Certificate of Waiver or Authorization (COA) from the FAA. Table 5 is from an appendix in AC 105-2E (FAA 2013b). The AC provides guidance on whether a waiver or COA is necessary for a skydiving activity. A COA is necessary for parachute operations over or into a congested area of a city, town, or settlement, or an open-air assembly of persons, and for a jump associated with a special aviation event, such as an airshow or festival. AIRSPACE ACCOMMODATION AC 150/5300-13A, Airport Design, provides guidance on the development of airports (FAA 2012b). However, the AC does not specify design standards for parachute landing areas (PLAs) or PDZs. The FAA Airport Planning Division uses the term and acronym PLA in their design references to describe the ground area where skydivers land. PDZ describes and includes the airspace and landing area on an airport. However, the December 2015, update of the FAA pilot/controller glossary was revised to include the definitions for drop zone and jump zone (http://www.faa.gov/air_traffic/publications/ chapter twelve PARACHUTE OPERATIONS

63 media/PCG.pdf). Used primarily by air traffic control in the standardization of phraseology, a drop zone is defined as any predetermined area upon which parachutists or objects land after making an intentional parachute jump or drop (14 CFR Part 105). A jump zone (JZ) is the airspace directly associated with a drop zone. Vertical and horizontal limits for a JZ are locally defined by the FAA. Figure 26 is a representation of a typical JZ. The parachuting industry simply uses the term drop zone (DZ) in describing an operating area. The terms jump zone and landing zone are used as well. LZ tends to be used when there is more than one landing area used at an airport, such as for use by different skydiver skill categories. The Skydiver’s Information Manual is a general guidance document used in the development and identification of DZs (USPA 2013). Federal regulation 14 CFR Part 105, AC 105-2E, and the USPA Basic Safety Requirements (BSR) are the primary guidance documents to be used in the design and development of DZs. Part 105 covers who is authorized to conduct parachute operations, where parachute operations may or may not occur, the aircraft operating parameters for communication and conducting operations, the training of personnel engaged in conducting parachute operations, and the packing and use of parachutes and related equipment. Part 105 prescribes rules governing parachute operations conducted in the United States (14 CFR 105). Part 105.23 requires approval from airport management prior to skydiving onto any airport. Federally obligated airports are required to accommodate parachute operations to the extent possible unless determined otherwise by FAA (see chapter two). Section 105.23(c) allows a para- chutist to drift over an airport with an open parachute without airport management approval, as long as the parachutist remains at least 2,000 ft above that airport’s traffic pattern and the skydiver is not landing at the airport. The exemption applies when the DZ is located other than on the airport being overflown. Specifically, Section 105.21 states (14 CFR 105): 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 on that airport. (2) Approval has been obtained from the control tower to conduct parachute operations over or onto that airport. Source: FAA Advisory Circular 105-2E 2013b. TABLE 5 GUIDANCE FOR ISSUANCE OF WAIVER FOR PARACHUTING OPERATIONS

64 FIGURE 26 Depiction of a parachute jump zone (Source: FAA 1993.). (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 on that airport. (c) A parachutist may drift over that airport with a fully deployed and properly functioning parachute if the parachutist is at least 2,000 ft above that airport’s traffic pattern, and avoids creating a hazard to air traffic or to persons and property on the ground. The USPA’s BSRs are considered best practices for skydiving operators and participants, as they are established by evaluating incidents and identifying their root causes. The full 247-page document is available at http://www.uspa.org/Portals/0/Downloads/Man_SIM_2014.pdf. The FAA does not

65 officially sanction the BSR safety standards, but does recognize them as acceptable measures to be used on an airport. As a result, sport parachuting is largely a self-governed sport, with the USPA pro- viding guidance through the BSRs. The BSRs serve as the foundation for safe operations. Most sport parachute operators belong to the USPA, and skydiving activity is largely conducted under USPA auspices. The FAA FSDO issues waivers and provides safety surveillance of sport parachuting as a commercial operation. Figure 27 shows skydivers collectively landing on an airport PDZ. The DZ requirements described in the USPA’s Skydiver’s Information Manual 2014–2015 (2013) include the following information on the size and location criteria for PLAs on airports: 1. Areas used for skydiving should be unobstructed, with the following minimum radial distances to the nearest hazard: 1.1. Solo students and A-license holders—100 meters (320 ft) 1.2. B- and C-license holders—50 meters (160 ft) 1.3. D-license holders—Unlimited. 2. Hazards include telephone and power lines, towers, buildings, open bodies of water, highways, automobiles, and clusters of trees covering more than 3,000 square meters. 3. Staffed ground-to-air communications (e.g., radios, panels, smoke, and lights) are to be present on the drop zone during skydiving operations. AC 105-2E provides suggestions for improving sport parachuting safety and on-airport parachuting operations, and assists parties associated with sport parachuting in complying with 14 CFR Part 105 (FAA 2013b). The following excerpt from the AC applies to DZs at airports: Parachute Landing Areas. The FAA recommends that areas used as parachute landing areas remain unobstructed, with sufficient minimum radial distances to the nearest hazard. The guidelines in the USPA’s BSRs can be used in determining if the landing area is adequate. Parachute Landings on Airports. Airports may designate suitable parachute landing areas. While skydivers attempt to land in such areas, at times there may be inadvertent landings in other grass or hard-surfaced areas. This could include landings on runways, taxiways, and other hard-surfaced areas. Areas such as runways, taxiways, clearways, and Obstacle Free Zones (OFZ) are not prohibited areas but should not be designated as a primary landing area and should be vacated as soon as practical. Flying a parachute over runways at low altitudes should be avoided where possible. The FAA recommends that airport management work with parachute operators to develop standard operating procedures (SOP) for activities conducted by parachutists. Airports that receive or have received Federal funding or grant assurances may have additional requirements or restrictions to parachute landing areas. Skydivers generally deploy a parachute in the range of 3,000 to 5,000 ft AGL. Minimum opening altitude is normally 2,000 ft AGL. Skydivers follow a traffic pattern similar to aircraft except that their rate of descent requires the pattern to be very close to the landing area. There may be differ- ent landing zones established that correlate to the skill and certification category of the parachutist. Appendix P presents a graphic used for training skydivers and informing other airport users of the parachute landing area at Skydive Spaceland in Texas. The application of the see-and-avoid principle generally makes it easy to see a skydiver when under an open parachute (aka under canopy). A skydiver also has a better opportunity to see, hear, and avoid aircraft when under canopy. Prior to opening one’s chute, a skydiver experiences greater FIGURE 27 Skydivers landing on an airport parachute landing area (Credit: C. West, Skydive Spaceland, Rosharon, Texas. Used with permission.).

66 difficulty and risk for a collision, as the skydiver is traveling at a higher speed, is a smaller visual target for aircraft pilots, and has limited maneuverability. Section 4 of Order JO 7210.3Y provides information on factors that an ATC facility may consider for a Letter of Agreement (LOA) with skydiving operators (FAA 2014e). Similar factors may be considered for an operating agreement between airport management and the skydiving operator: 1. A description and the location of the jump zone(s) and the conditions of use; 2. Activity schedules; 3. The maximum jump altitudes, common jump altitudes, and common parachute opening altitudes (all altitudes to be expressed in feet above mean seal level); 4. The communication frequencies to be used by the jump aircraft; 5. Jump aircraft call signs; 6. Jump aircraft climb and descent areas; 7. Notification procedures; 8. Assigned transponder code when appropriate; 9. Any other items pertinent to the needs of the ATC system, the airport, and the users. AIRFIELD ACCOMMODATION The FAA does not formally approve or disapprove DZ siting or dimensional standards at airports, unless depicted on an approved airport layout plan. Under Sponsor Assurance Number 29, the airport operator agrees to keep an ALP up to date at all times, showing the location of all existing and proposed aviation and non-aviation facilities and structures. Skydiving companies or operators can have different facility needs. Minimum standards established by an airport operator are intended to address the different needs. As with any commercial operation, an area that allows for meeting customers and provides restrooms, classrooms, and parking is common. Skydivers also need an area for the laying out, packing, and rigging of parachutes in a protective environment, along with having storage or parking for equipment or aircraft. A small commercial operator with one aircraft will have less space or operating requirements than a larger skydiving outfit. The social nature and culture of a larger skydiving activity with frequent events can result in greater airport operational needs and use for extended periods of time. It is not uncommon for skydivers to camp out or reside for a weekend or full week. Figure 28 shows a facility layout with an array of recreational vehicles and campsites staged at the Chicagoland Skydiving Center in Rochelle, Illinois. It is not uncommon for a large skydiving operator to provide Internet access, retail sales, food and beverage outlet, laundry and shower facilities, water swoop pond, bonfire pit, volleyball or other recreational areas, and spectator viewing access and parking. For high activity events, provisions for emergency personnel or first responder support are often arranged. FIGURE 28 Facility needs for a high activity commercial skydiving operation (Credit: Matthew Veno, FlyingChipmunk.com. Used with permission.).

67 During this study’s review of current practices, the literature search and interviews found skydiving operators and airport operators expressing a need for more education about skydiving operations and its compatibility with traditional aeronautical uses. Some airports hold monthly meetings to facilitate a forum where all airport users can discuss safety issues and promote aware- ness. Textbox 11 provides a compilation of current practices, as found in the literature search and from interviews. TEXTBOX 11 Practices for Enhancing the Safety of Skydiving • Pilots of jump aircraft follow traffic pattern procedures found in AC 90-66A and the AIM. • Pilots of jump aircraft follow communication procedures found in Part 91, Part 105, AC 90-42, and the AIM. • Pilots of jump aircraft are required to inform ATC or FSS prior to operation. • A NOTAM is issued and is activated for each skydiving operation. • Pilots inform ATC of impending jump 5 min in advance. • Pilots make an announcement on CTAF 1 min prior to jump. • Pilots make an announcement on CTAF continually during skydiver descent. • ATC alerts the jump pilot of known aircraft in the vicinity of the jump. • Pilots monitor local frequencies for other aircraft operation. • PDZs are established away from the protected surfaces of the runways and taxiways. • Parachutists land only in the designated DZ. • DZ are clearly marked on an airport diagram, posted, and used in training. • An aerial photograph of the landing area is provided to parachutists to reference. • Have overshoot/undershoot areas border at least three sides of a DZ. • Information on DZs, activity levels, and operating procedures are disseminated to other airports. • Parachute jump aircraft operations are published in the AFD. • A parachute symbol is placed on air navigation sectional charts. • Flotation gear is worn by the parachutist if the jump area is within 1 mi of an open body of water. • Emergency procedures are posted in the PDZ area. • Cars, vans, four-wheelers, golf carts, or similar vehicles are used to retrieve jumpers, either from the PDZ, outside the PDZ, or from off-airport landings. • Monthly safety meetings are held for all airport users to discuss safety issues and promote awareness. • LOAs or operating agreements describe the PDZ, define preferred runway use, and detail any specific procedures for the parachute jumping activities (i.e., runway crossing procedures for skydivers). • Have procedures and an operating agreement that address situations of a parachutist needing to cross a runway or taxiway (e.g., the parachutist is to remain at his or her location and wait for an airport escort; signs or designated crossing points established). • The LZ is made visible from the air by the use of markings (panels, smoke, lights, traffic-style cones, mowed grass height or lower than the grass outside the LZ, landscaping, streamers, flags, or lines in white or orange chalk, paint, or engineering tape). • Locate the PDZ where good visibility is present for other aircraft on takeoff and landing. • Limit or restrict the use of round main or reserve canopies, as they are less maneuverable than ram air chutes. • Use radios for ground-to-air communications of skydivers and aircraft. • Require parachutists to use an Automatic Activation Device for every jump. • LZs established on airports are usually a grass or dirt area. An accuracy landing point within the LZ will normally have sand, pea gravel, or a lower cut grass than the surrounding area. Some LZs will have water ponds constructed for skimming. • Install a supplemental windsock near the LZ. • Have at least two LZs in case the parachutist cannot land at his or her first LZ choice. • Have different LZs designated for different skydiver experience levels. • At land-constrained or high-activity airports, require each jumper to have a minimum experience level before jumping onto the airport (e.g., have at least an A license from the USPA). • Have the airport named as insured on skydiver insurance policy. • Have each waiver signed by a skydiver also include airport release from liability.

68 NOTICES TO AIRMEN When skydiving activities are conducted, the FAA requires a NOTAM to be in effect. The NOTAM describes the location, altitudes, and time or duration of jumping operations. The NOTAM can be of long (12 months), short, or one-time duration. Who is authorized to open and to close skydiving NOTAMs can be the person to whom the COA or waiver was issued, the airport manager, the ATC controlling agency, or the FSS. As required in 105.13, the skydive operator needs to inform ATC of a pending jump by radio communication 5 min before a skydiver exit. Some airports or ATC facilities require additional radio communication calls as part of their lease or operating agreement with a skydiving operator. AIRPORT/FACILITY DIRECTORY The AFD is an FAA publication that lists the airport master record data (Form 5010) on file with the FAA for all open-to-the-public airports, seaplane bases, heliports, and military facilities and selected private use airports important to the U.S. transportation system. The AFD has a section titled Parachute Jumping Areas. For a parachute jumping area (PJA) to qualify for inclusion in the AFD and to be depicted on the air navigation sectional chart, the jump area has to meet the following criteria: (1) be in operation for at least 1 year, and (2) conduct and log 1,000 or more jumps each year. FAA Regional Offices can nominate a PJA for charting if they do not meet the criteria. If a PJA has been established for a long period of time or meets volume thresholds, the information is published in the AFD and a parachute symbol is placed on aeronautical charts. Figure 29 provides an example of a parachute and glider symbol on a VFR sectional map, representing skydiving and glider activity at an airport. It also indicates that a right-hand traffic pattern exists for Runways 19 and 23. Appendix G provides a sample of AFD remarks on skydiving activity. The Airport Remarks section of the AFD airport listing can state whether an airport has para- chute or other types of aeronautical activity. Some listings may describe where the LZ is located on the airport, but this study found that very few appear to have the LZ location indicated on an airport diagram. Air navigation sectional charts can provide a graphic parachute symbol to alert pilots to the presence of parachuting activity in the area (Figure 30). Through the literature review and interviews, it was discovered that a number of skydiving sites were no longer active and some active ones were not shown. In a telephone discussion on July 29, 2015, Randy Ottinger of the USPA indicated the organization was working with the FAA Aeronautical Information Management Office to update the listings. Figure 30 shows an LZ with a circular target area between the runway and the tie-down areas of an airport. Also shown are helicopter landing pads near a fueling facility. FIGURE 29 Parachute symbol on a VFR sectional map representing skydiving and glider activity (Source: FAA 2015a.).

69 SAFETY CONSIDERATIONS The literature search showed that when locating a DZ on an airport, a safety analysis can assess the presence of the following hazards: • Tall towers and buildings; • Trees above height (35 ft) of the canopy extension; • Large forested or swamp areas; • Clusters of trees covering more than 3,000 m2 (9,840 ft); • Close-in obstacles such as goalposts, lamp standards, fences, rocks, ditches; • Well-traveled roadways; • Telephone, power, and other transmission lines; • Bodies of water greater than 4 ft deep; • Paved surfaces (ramps/aprons, runways, taxiways); • Aircraft tie-down areas; • Equipment necessary for aircraft operations or navigation (NAVAIDs, airfield lighting, signage); • Skydivers walking across runways or taxiways; and • Fire hazard, spillage, and spinning aircraft propellers when engaged in rapid (hot) refueling. When the FAA conducts a site assessment for skydiving activity and safety, their report to the airport often identifies the following common requirements as conditions for safe operation: • Weather conditions must be VFR and present no hazard for the jumpers or present visibility conditions which would preclude pilots from maintaining visual contact with jump participants. • A NOTAM must be established to advise all users of the airport of the parachute jump activities. • Radio contact between the jump aircraft and the appropriate air traffic facility must be established and maintained throughout the jump activity. • The jump aircraft pilot will communicate with the appropriate air traffic facility and visually scan the area to ensure aircraft are not entering or maneuvering within the traffic pattern prior to authorizing jumpers to depart the aircraft. • Radio transmissions will be conducted by the jump aircraft on the airport advisory frequency to alert anyone in the area that jump activities are in progress. • Jumpers will be briefed to maintain directional control at all times and remain clear of the runway and stay within the designated drop zone area. • Airport management will ensure the AFD and the associated sectional charts are updated to reflect a designated PDZ has been established at the airport. • Airport management will ensure any advisory information is updated to advise all who utilize the airport that a DZ has been established and its location on the airport. • Airport management will advise all aircraft operators based at the airport of the establishment and location of a DZ at the airport. FIGURE 30 Parachute landing area and helicopter pads at the Snohomish, Washington, airport (Source: Imagery © 2015 Digital- Globe, U.S. Geological Survey; map data © 2015 Google.).

70 ACCIDENTS AND INCIDENTS The USPA posts accident statistics on its website. The USPA estimates there were 3.2 million skydives in the United States in 2014. During that year, 24 fatal skydiving accidents were recorded, resulting in a rate of 0.0075 fatalities per 1,000 jumps. Also recorded were 729 skydiving injuries for a rate of 2.3 injuries per 10,000 skydives. A skydiver collision with an aircraft was very rare, though one did occur in 2007. As part of a site assessment for a DZ, the Venice Municipal Airport in Florida queried the FAA Aviation Safety Reporting System about relevant incidents from 1998 to 2015 (C. Rozansky, personal communication, September 14, 2015). Using the keywords “skydiving” and “parachute,” they located 423 records over the 17-year period. More than 56% of the submitted reports described a perceived conflict between a jumper and aircraft in the vicinity of an airport. Approximately 27% of the reports described a perceived conflict between skydiving aircraft and other aircraft operating in the vicinity of an airport. For actual risk comparison, the number of reports could be compared with the total number of operations made for the same time period. It is unknown how many skydiving jumps or aircraft flights were made during the 17-year period. An example of a safety assessment for skydiving operations from the Venice Municipal Airport is presented in chapter fifteen. Appendix E contains sample rules and regulations. RELATED INFORMATION Because of disagreements in the past as to whether a skydiving operation was safe or efficient, some airport operators have sought to prevent or discourage the activity on their airport. The disagreements and the actions taken to restrict skydiving activity have resulted in Part 13 and Part 16 complaints to the FAA. As a result, the FAA often seeks to address the conflicts by conducting a study and by providing standards guidance. In 2010, the FAA Airport Safety Technology Research and Development Section undertook a study to identify then-current practices for PLA designations at airports; to evaluate whether parachute experience and maneuverability of equipment was a factor in determining the size and location for PLAs; to provide recommendations for the minimum distances required from hazards of PLAs on airports; and to provide recommendations for the minimum size of PLAs on airports (Vitagliano et al. 2012). AC 105-2E has since been updated to incorporate the findings from the study (FAA 2013b). The findings and recommendations were: • Few airports had the DZ location indicated on an airport diagram. • A correlation was found between a skydiver’s experience and the size of the DZ. More experienced skydivers do not require as large a DZ as less experienced skydivers do. • The type of parachute used is a factor in determining the size of the DZ. • The development of an LOA outlining DZ procedures is suggested between airport management and the skydiving operators. • Revisions are suggested to the AFD and sectional charts, such as graphic depiction of zones on maps and better descriptions of level of activity. • Provide standard markings on the ground to identify the perimeter of LZs. Examples of markings could be mowing, landscaping, streamers, flags, traffic-style cones, or lines in white or orange chalk, paint, or engineering tape. • Better education and training of the existence of DZs was suggested. Skydiving operators generally operate under a business model that generates revenue and customer satisfaction by delivering skydivers to an assigned altitude in the shortest amount of time and with the least amount of expense. Similar to aerial agricultural applicators, time becomes money. The operation of an aircraft, to include fuel and pilot services, generally constitutes the largest expenses in a skydiving business.

71 Practices that skydiving operators may use in an attempt to minimize expenses and enhance customer satisfaction are: • Use different types of aircraft to satisfy demand and expected altitude performance needs. • Locate loading areas that result in shortening the taxi route for takeoff or landing. • Locate PDZs that result in shortening the distance to the assembly or loading area. • Use aircraft takeoffs, landings, climbs, and descents that minimize the fuel burn and/or time aloft, by using takeoffs and landings in the same direction. • Allow rapid or hot refueling (refuel with engines running) of turbine aircraft operations. Issues and concerns can arise within the local community about the safety of skydiving operations, or result in airport operational conflicts with other users. Comments made to a proposed Change 19 NPRM for AC 150/5300-13, Airport Design (FAA 2012c), reflected a number of airport managers’ concerns toward skydiving activities. Those concerns generally focused on operational liability, insur- ance, feasibility, and security issues. The following list identifies concerns raised by airport management about skydiving activity, as culled from the literature: • Access to the AOA; • Skydivers crossing active aircraft movement areas; • Vehicle parking and gate access using codes, keys, etc.; • Ability to comply with regulations for access to the flight line or aircraft loading areas; • Use of building or toilet facilities; • How to handle spectators/observers; • Perceived increased liability insurance costs; • Scaring away other aeronautical users; • Weather; • Noise generation; • Who issues and cancels NOTAMs; • Inability to control skydiving operations adequately; • No control tower; and • Aircraft landing and taking off contrary to established traffic pattern operations. This list presents concerns a community often raises about the same operations. • Increased noise; • Improper behavior (swearing, nudity, partying); • Off-airport landings and diminished safety (crash into house, school, playground); • Concerns about public safety; • Possible loss of life; • Limited availability of emergency response personnel; • Potential of disturbing or damaging environmental, cultural, and historic areas; • Potential drift off course by a skydiver; • Trespassing onto private property; and • Lowering property values. As a result of the concerns noted in these two lists, several Part 13 and Part 16 complaints have been filed and resolved over allowing skydiving activity at an airport. Results and determinations from three such cases are: 1. Longmont, CO (Citizens for Quiet Skies 2015) – A local government or airport operator cannot prohibit an aircraft that is otherwise in compliance with FAA regulations from flying in order to decrease noise levels, as local government and airport operators, pursuant to federal regulations, have no authority to impose such restrictions on aircraft operations. – The parachute operator owes a duty to the community at large to not operate in a careless or reckless manner. – Limiting the number of skydiving flights per day at a low activity airport was previously deemed an unreasonable restriction by the FAA. However, based on their activity and arguments, a limitation of 50,000 operations per year was allowed at Longmont Municipal Airport, Colorado.

72 2. State of Hawaii (Docket No. 16-12-04b 2014) – Skydiving operations can be safely conducted with proper coordination and communication. – A multi-year delay in instituting rules and regulations prevented the skydiving operator from obtaining equal access to a federally obligated airport in violation of Sponsor Assurance 22. – Federally obligated airport sponsors may not abdicate their responsibility to maintain current compliance with federal obligations while waiting for proposed or future federal statutes, regulations, or guidance. – Federally obligated airports may not arbitrarily prohibit commercial skydiving operations because they are a certificated airport, or are seeking to achieve Part 139 certification at a later date. – The presence of skydiving operations on a federally obligated airport would not necessarily jeopardize the airport’s application for Part 139 certification. – Aeronautical access to a federally obligated airport may not be conditioned on the aeronautical user’s voluntary membership (or lack thereof) in an advocacy group such as the USPA. – Good faith effort was not made in seeking to accommodate or resolve the issue. 3. Santa Clara County, California (Docket 16-11-06 2013c) – County’s liability concerns did not justify banning skydiving operations. – Safety studies demonstrated skydiving operations may safely coexist with VFR/IFR traffic in the airspace above the airport. – General liability concerns may not be used to prohibit a legitimate aeronautical activity on the airport, especially where specific safety measures have been identified which would allow the activity to take place with an acceptable level of safety on the airport. Other lessons can be found from similar complaints filed with the FAA. Information can be found at http://part16.airports.faa.gov. PARASAILS Parasail operations are similar to skydiving operations only in that they use similar equipment and canopies to create lift and support an individual. Because parasails are tethered to and towed by a vehicle or boat on the ground, they are subject to FAA regulations applicable to kites under 14 CFR Part 101. FAA currently regulates kites only to the extent that they are objects that can penetrate the airspace controlled by FAA.