2007 Skydiver's Information Manual
A United States Parachute Association Publication

AC No: 91-45C Waivers: Aviation Events
Chapter 6: Waiver Provisions
Initiated by: AFS-20 Date: 2/1/90

Contents:
AC No: 91-45C Waivers: Aviation Events -- Chapter 6: Waiver Provisions
AC No: 91-45C, Appendix 2: General Provisions
AC No: 91-45C, Appendix 3: Special Provisions for Parachute Demonstration Jumps

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AC No: 91-45C Waivers: Aviation Events -- Chapter 6: Waiver Provisions

87. General provisions

a. Each FAA Form 7711-1, Certificate of Waiver or Authorization, shall include general and special provisions developed by the issuing FAA FSDO. Many safety provisions are general in nature and are applicable to all aviation events. The FAA FSDO will tailor the general and special provisions to accommodate the sponsor's needs.

b. Provisions that appear on the waiver shall be restricted to protective measures, controls, or requirements that are not otherwise specified by the FAR.

c. Regulatory requirements (not waived) shall not be included as special provisions.

d. A sample of general provisions can be found in Appendix 2.

88. Special provisions

Special provisions are conditions, requirements, or limitations necessary to protect persons and property on the surface and other users of the national airspace system.

a. Ensuring Safety. The special provisions of FAA Form 7711-1 ensure that the aviation event can be conducted without an adverse effect on safety. Every airshow waiver shall contain special provisions to ensure adequate public and non-airshow traffic safety. There may be a wide variation in the type of special provisions called for.

b. Use of Special Provisions. Some events require extensive and highly detailed special provisions, whereas others can be fairly simple. In addition to variation among events, local conditions have much to do with what special provisions are necessary.

(1) Special provisions shall pertain to protective measures and control requirements which are not specifically covered by the FAR.

(2) It may be necessary to increase one regulatory minimum in order to authorize safe deviation from another.

(3) In order to permit aerobatic flight in a control zone or near a busy airport, it might be necessary to increase the minimum visibility requirement to 5 miles.

c. Responsibility for compliance with the terms of the waiver issued for aerobatic practice areas rests with the pilot. In cases where the waiver is issued for members of an organization, a designated individual responsible for overseeing compliance with the terms of the waiver should be identified to the FAA.

d. A sample of special provisions can be found in Appendix 3.

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AC No: 91-45C, Appendix 2: General Provisions

a. The holder of the FAA Form 7711-1, Certificate of Waiver or Authorization, shall retain sole responsibility for safeguarding persons and property on the surface and shall inform the issuing FAA office in writing of the person named to ensure overall safety of the event.

b. The holder of the FAA Form 7711-1 shall ensure that participants are thoroughly briefed on special field rules, manner and order of events, and are available for briefing on the provisions of the waiver before beginning the activities. No person may participate in any event unless that person has received a briefing on the provisions of the waivers.

c. The holder shall notify the FAA Flight Service Station of the date, time, place, areas, altitudes, nature of the activity, and the duration of the operations and request that a Notice to Airmen (NOTAM) be issued. Such action shall be accomplished at least 48 hours before the event.

d. All civil aircraft and pilots participating in the demonstration shall be available for FAA inspection before the scheduled event.

e. For civilian aircraft, only required flight crewmembers (specified in aircraft operating limitations) or those persons actively participating in the demonstration (wingwalkers and stunt persons, etc.) will be carried on any aircraft engaged in demonstrations authorized by this waiver.

f. A control point shall be established from which the holder, or his or her representative, shall direct the demonstration and be continuously available to the FAA and the person designated as responsible for the overall safety of the event.

g. A showline (man-made or natural) clearly visible to the performers/pilots shall be provided to assist them in compliance with the approved distances from the spectator area.

o. Adequate communications capability (oral or visual) must be provided to advise spectators and participants that the aerial demonstration has been halted or cancelled, or to otherwise communicate to maintain a safe operation.

p. A physical barrier and adequate policing shall be provided to confine the spectators to designated areas. The number of personnel involved in crowd control will depend on the type of barrier. (More people will be required for a rope barrier than for a snow fence.)

q. The demonstration may be halted when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason in the interest of safety. Only those persons necessary to support the operation should be authorized in the operating area. The holder of the FAA Form 7711-1 assumes responsibility for persons that enter the operations area.

r. The FAA has the authority to cancel or delete any or all acts or events if, in its opinion, the safety of persons or property on the ground or in the air is in jeopardy, or there is a contravention of the terms of the waiver.

s. Aircraft engines shall not be started and aircraft will not be taxied in designated spectator areas or static display areas unless adequate measures are taken to protect the spectators. Areas where engines, propellers, or rotors will be turning must be at least 100 feet from the spectator areas unless they are protected by a barrier that will prevent entry by unauthorized personnel.

t. Persons or aircraft not appearing on the FAA Form 7711-2, and approved on the FAA Form 7711-1, may not participate without specific approval by the FAA.

u. In the event of an accident considered to be the result of a course deficiency or racing procedure, flight operations will be cancelled until the deficiency has been corrected and accepted by the person designated responsible for the overall safety of the event.

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AC No: 91-45C, Appendix 3: Special Provisions for Parachute Demonstration Jumps

a. For jumps into congested areas, two-way radio communication between the aircraft airlifting the parachutists and the landing area shall be continuously maintained for all jumps.

b. Provisions shall be made by the holder of FAA Form 7711-1 to keep spectators out of the landing area.

c. The parachute jump shall not be conducted when the ceiling is less than 2,500 feet and the visibility less than 5 miles.

d. Use the appropriate landing area provision based on the qualifications of the jumper. Landing areas will be divided into two distinct categories:

(1) Parachutists who hold a USPA Class C or D license, or are members of a DOD-sanctioned parachute demonstration team, must select a landing area that will permit the jumper to land not closer than 50 feet from any spectator and will not involve passing over persons on the surface at an altitude of less than 250 feet.

(2) Parachutists who hold a USPA Class D license with an exhibition rating, or are members of a DOD-sanctioned parachute demonstration team, who certify that they will use a steerable square main and reserve canopy, will be permitted to exit over or into a congested area. The selected landing area must not permit the jumper to land closer than 15 feet from any spectator and will not involve passing over persons on the surface at an altitude of less than 50 feet.

e. The holder of FAA Form 7711-1 shall brief the pilot in command of the aircraft and the jumpers on the terms of this authorization.

f. The FAA inspector may wish to develop a provision that directs the pilot in command or the holder of FAA Form 7711-1 to use a specific Air Traffic Control facility and frequency.

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