Section 2. Waivers

1. RESPONSIBILITIES

1. Air Traffic is authorized to issue waiver/authorizations to Part 101 for parasail operations, and is responsible for integrating those activities into the NAS. The appropriate Service Center is air traffic's point of contact for Part 101 and associated waiver/authorizations, and is responsible for coordinating certain proposals regarding airspace operations and procedures with Flight Standards.
2. The Rules and Regulations Group provides oversight and support to Service Centers for parasail operations.
3. Service Centers must provide approved parasail waivers to the appropriate Flight Standards District Office (FSDO).

1. GENERAL OPERATING LIMITATIONS

1. In accordance with Part 101, a parasail must not operate:

1. Less than 500 feet from the base of any cloud.
2. More than 500 feet above the surface of the earth.
3. From an area where the ground visibility is less than three miles.
4. Within five miles from the boundary of an airport.
5. In a manner that creates a hazard to persons or property.
6. In such a manner to allow an object to be dropped, if such action creates a hazard to other people or their property.

1. Parasail operators must operate in accordance with the provisions of 14 CFR § 101.7. Due to the limited maneuverability of the parasail and its towing vessel, it is inadvisable to place requirements on parasail operators to give way to aircraft. Aircraft operators are expected to comply with 14 CFR § 91.119(c) to ensure minimum distance from parasail operations.

1. WAIVERS

1. a. A waiver/authorization is required for parasail operations conducted outside the requirements defined in 14 CFR Part 101. An applicant must submit its waiver/authorization request to the ATO Service Area operations Support Group (OSG) office. If the applicant submits its request directly to an air traffic facility, the air traffic facility must direct the applicant to submit its request directly to the Service Center.
2. The Service Center OSG office must perform the initial review of the waiver/authorization request.

1. The Service Center OSG office must verify that FAA Form 7711-2, Application for Certificate of Waiver or Authorization (COA), is complete and that the information required in 14 CFR § 101.15, Notice Requirements, has been provided. The Service Center OSG office must return incomplete waiver/ authorization requests to the applicant for additional information.
2. Requests that cannot be accommodated will not be coordinated beyond the Service Center.

1. WAIVER PROCESS

1. The applicant must submit FAA Form 7711-2 at least 45 days prior to the event, and must include the required information as outlined in 14 CFR § 101.15.
2. The Service Center OSG office is the focal point for receiving, processing, and signing waiver requests.
3. When a proposal overlaps Service Center geographical jurisdictions, the affected Service Centers must coordinate to determine which office will serve as the lead office for processing the proposal. Coordination between Service Centers is also required when the affected geographical area and the ATC facility are under the jurisdiction of different Service Centers or facilities.
4. Service Centers must provide approved parasail waivers to the appropriate FSDO.

1. AERONAUTICAL ANALYSIS

Prior to issuing a COA for parasail operations, the Service Center and appropriate facilities must conduct an aeronautical analysis to identify any aeronautical impacts to be resolved or mitigated. The analysis must be specific to the proposed site, and may include, but is not limited to, the following steps:

1. Details on the parasail operation, such as location, date(s), time, number of operations, and expected altitude.
2. Identify the operations specified in the COA, as this will determine which sections of 14 CFR Part 101 apply.
3. Determine the class of airspace where the event is proposed and consider the impact of the parasail operation to local airports, VFR aircraft and routes, IFR routes and procedures, military training routes, special use airspace, etc.

1. FACILITY COORDINATION

1. Per 14 CFR § 101.7, the parasail operator is responsible to operate in a manner that does not create a hazard to other persons, or their property.
2. Facilities should determine impact, if any; meet with the sponsor, if possible; and discuss notification requirements to the flying public to maintain the safety and efficiency of the NAS.

1. WAIVER/AUTHORIZATION FORMAT AND CONTENT

1. Use FAA Form 7711-1 to issue the waiver/authorization.
2. At a minimum, the waiver/authorization must contain the following:

1. Specific section of Part 101 to be waived or authorized.
2. Name, address, and telephone number of the applicant.
3. Location of the approved parasail operating area in coordinates or description of location (for example, west of Pier A).
4. Approved dates and times of operations.
5. Advance notification requirements to the designated FAA facilities and, if desired, cancellation and termination notification.
6. Approved projected altitudes of the parasail(s).
7. Other provisions or requirements deemed necessary to maintain safety of the NAS. Waivers for parasail operations should be unique and specific to each environment where parasails are operating.

1. The Service Center office may suspend or revoke a waiver/authorization whenever a question arises about the safety of the operation, compliance with safety precautions or conditions of approval, or if an unforeseen impact on aeronautical operations occurs.
2. Terms and conditions. In most cases, an attachment containing terms and conditions of the COA will be included. Provisions commonly addressed in terms and conditions may include, but are not limited to, the following:

1. Cancellation of COA if the operator fails to comply with the conditions or requirements as provided in Part 101.
2. Any special altitude restrictions specific to the operating area.
3. The COA must be carried aboard the parasail vessel at all times, and operators briefed on its contents and requirements.
4. Recommendation to attend an annual operator safety meeting, if available.
5. The parasail vessel operator is responsible for obtaining current weather information from the nearest air traffic facility.
6. Operations must not be conducted between sunset and sunrise.
7. Prior to conducting parasail operations, contact the nearest ATC facility to advise of the proposed area of operation, duration of the activity, and altitude of the parasail.
8. Any restrictions designed to avoid protected departure or arrival areas to nearby airports, as necessary.
9. Recommendation for the operator to use ground observers (“spotters") to maintain operator awareness of nearby aircraft activity.
10. Parasail operators must ensure that the parasail is marked and lighted in compliance with 14 CFR § 101.17(b).
11. Additional requirements on the operator for ensuring public safety.
12. Include a statement that, in accordance with 14 CFR § 101.7(a), “A parasail operator may not operate in a manner that creates a hazard to other persons or their property.”